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COMMONWEALTHAct
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s 189A

Report and declaration by controlling trustee

In force
Part XPersonal insolvency agreements
Division 2Meeting of creditors and control of debtor’s property

189A Report and declaration by controlling trustee

(1)

The controlling trustee must prepare a report:

(a)

summarising and commenting on the information about the debtor’s affairs that is available to the controlling trustee; and

(b)

stating whether the controlling trustee believes that the creditors’ interests would be better served:

(i)

by accepting the debtor’s proposal for dealing with his or her affairs under this Part; or

(ii)

by the bankruptcy of the debtor; and

(c)

naming each creditor who was identified as a related entity of the debtor in the debtor’s statement of affairs.

(2)

The trustee must:

(a)

give a copy of the report to the Official Receiver and to each of the creditors; and

(b)

keep a copy of the report.

Declaration of relationships

(3)

The controlling trustee must make a written declaration stating whether the debtor is a related entity of:

(a)

the controlling trustee; or

(b)

a related entity of the controlling trustee.

(4)

The controlling trustee must:

(a)

give a copy of the declaration to the Official Receiver; and

(b)

give a copy of the declaration to each of the creditors at the same time as the controlling trustee gives a copy of the subsection (1) report to each creditor; and

(c)

keep a copy of the declaration.

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