Commonwealth Consolidated Regulations

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INSOLVENCY PRACTICE RULES (BANKRUPTCY) 2016 - RULE 75.95

Evidence of liability for debt

  (1)   If necessary, a trustee must ask a creditor to give evidence in writing in relation to a debt claimed by the creditor:

  (a)   to establish the liability of a regulated debtor for the debt; or

  (b)   to identify the estate against which the claim should be admitted.

  (2)   If the trustee considers that the evidence is insufficient for the purposes of paragraph   (1)(a) or (b), the trustee, before asking for further information, must have regard to the expected dividend rate and the materiality of the issue requiring clarification.

  (3)   A trustee must keep a copy of any evidence or information relied on in deciding, for the purposes of voting or distributing dividends, whether to accept or reject a creditor's claim.



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