Report and declaration by controlling trustee
189A Report and declaration by controlling trustee
The controlling trustee must prepare a report:
summarising and commenting on the information about the debtor’s affairs that is available to the controlling trustee; and
stating whether the controlling trustee believes that the creditors’ interests would be better served:
by accepting the debtor’s proposal for dealing with his or her affairs under this Part; or
by the bankruptcy of the debtor; and
naming each creditor who was identified as a related entity of the debtor in the debtor’s statement of affairs.
The trustee must:
give a copy of the report to the Official Receiver and to each of the creditors; and
keep a copy of the report.
Declaration of relationships
The controlling trustee must make a written declaration stating whether the debtor is a related entity of:
the controlling trustee; or
a related entity of the controlling trustee.
The controlling trustee must:
give a copy of the declaration to the Official Receiver; and
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
keep a copy of the declaration.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.