House debates

Wednesday, 11 May 2011

Questions in Writing

Bankruptcy Petition (Question No. 226)

Photo of Robert McClellandRobert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Hansard source

The answer to the honourable member's question is as follows:

I am advised by the Insolvency and Trustee Service Australia (ITSA) that a debtor's petition signed by the bankrupt (Bankruptcy Number 5091/1998) and dated 7 October 1998 was presented under subsection 55(1) of the Bankruptcy Act 1966 ('the Act') to ITSA on 9 October 1998 and accepted by the Official Receiver's delegate at 9.48am on that date. The petition was endorsed accordingly as required by subsection 55(4A) of the Act.

The petition was not rejected under subsection 55(3) of the Act, which sets out when the Official Receiver may reject a petition, as it complied with the approved form, was accompanied by a Statement of Affairs which the Official Receiver's delegate did not consider to be inadequate. I am advised there were no grounds on which it could be legally rejected by the Official Receiver.

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