Section 136 — Bankruptcy Act 1966 (Cth)

(1) Where any property of the bankrupt is subject to a mortgage, the trustee may, upon giving 6 months’ notice in writing to the mortgagee of his or her intention to do so or upon paying 6 months’ interest in lieu of notice, require the mortgagee to discharge the mortgage notwithstanding that the due time for payment of the moneys owing under the mortgage has not arrived and, upon tender of the moneys secured by the mortgage and, if appropriate, interest in lieu of notice, the mortgagee is bound to execute such documents as are necessary in consequence of the payment.

(2) The rights conferred on the trustee by subsection (1) are in addition to any rights to pay off the whole or part of the moneys secured by the mortgage before the due time conferred on the mortgagor by the mortgage instrument or by a law of a State or Territory.

Related sections

• s 132 — Vesting and transfer of property
• s 133 — Disclaimer of onerous property
• s 134 — Powers exercisable at discretion of trustee
• s 137 — Right of trustee to inspect goods held as security
• s 138 — Limitation of trustee’s power in respect of copyright, patents etc.
• s 139 — Protection of trustee from personal liability in certain cases

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