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FEDERAL COURT (BANKRUPTCY) RULES 2005 (SLI NO 341 OF 2005) - REG 8.02

Resignation or release of trustee (Bankruptcy Act ss 180, 183)

         (1)   An application for acceptance of a trustee’s resignation from the office of trustee of an estate, or release of a trustee from the trusteeship of an estate, must be accompanied by:

                (a)    an affidavit stating the grounds in support of the application; and

               (b)    if the application is for release of a trustee from the trusteeship of an estate:

                          (i)    a statement giving details of the realisation of the bankrupt’s property and the distribution of the estate by the trustee; and

                         (ii)    a copy of the most recent account required under subsection 173 (1) of the Bankruptcy Act.

         (2)   The application and supporting documents must be served on:

                (a)    the Official Receiver; and

               (b)    the bankrupt; and

                (c)    anyone else (including a creditor) as ordered by the Court.

         (3)   If the Court makes the order sought, the trustee must:

                (a)    unless the order is entered in the Court at the time it is made, enter the order within 1 day after it is made; and

               (b)    within 2 days after the entry is stamped, give a copy of the order to the Official Receiver for the District in which the order was made.


 

   



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