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COMMONWEALTHAct
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s 56E

Effects of acceptance of a debtor’s petition against a partnership

In force
Part IVProceedings in connexion with bankruptcy
Division 3Debtors’ petitions

56E Effects of acceptance of a debtor’s petition against a partnership

(1)

When the Official Receiver notes the fact of acceptance on a petition that has not been amended under a direction of the Court, each member of the partnership becomes a bankrupt by force of this section.

(2)

When the Official Receiver notes the fact of acceptance on a petition that has been amended under a direction of the Court, each member of the partnership to whom the petition applies becomes a bankrupt by force of this section.

(3)

A person who becomes a bankrupt by force of this section continues to be a bankrupt until:

(a)

he or she is discharged by force of subsection 149(1); or

(b)

his or her bankruptcy is annulled by force of subsection 74(1) or 153A(1) or under section 153B.

(4)

If a registered trustee is the trustee of the estate of a person who becomes a bankrupt under this section, the Official Receiver must:

(a)

notify the trustee of the bankruptcy; and

(b)

give the trustee a copy of each statement of affairs that accompanied the debtor’s petition.

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