Commonwealth Consolidated Regulations

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INSOLVENCY PRACTICE RULES (BANKRUPTCY) 2016 - RULE 42.175

Identifying assets for vesting

    A registered trustee must take appropriate steps to identify the assets of the estate of a regulated debtor that will vest in the trustee, including the following:

  (a)   obtaining and reviewing the statement of affairs of the regulated debtor;

  (b)   considering the size of the deficiency in the estate for the purpose of finding possible assets or determining whether an issue needs to be investigated;

  (c)   considering the activities and circumstances of the regulated debtor to decide whether assets disclosed by the regulated debtor (or legal personal representative in the case of a deceased debtor) are consistent with what would be expected of a regulated debtor having a similar background or undertaking a similar activity;

  (d)   if the regulated debtor is or was involved in significant corporate or trust activity--making inquiries of third parties (for example, solicitors, accountants, creditors, associated entities and financial institutions) to establish whether there is any divisible property or antecedent transactions.



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