Section 189A — Bankruptcy Act 1966 (Cth)

(1) The controlling trustee must prepare a report:

(a) summarising and commenting on the information about the debtor’s affairs that is available to the controlling trustee; and

(b) stating whether the controlling trustee believes that the creditors’ interests would be better served:

(i) by accepting the debtor’s proposal for dealing with his or her affairs under this Part; or

(ii) by the bankruptcy of the debtor; and

(c) naming each creditor who was identified as a related entity of the debtor in the debtor’s statement of affairs.

(2) The trustee must:

(a) give a copy of the report to the Official Receiver and to each of the creditors; and

(b) keep a copy of the report.

Declaration of relationships

(3) The controlling trustee must make a written declaration stating whether the debtor is a related entity of:

(a) the controlling trustee; or

(b) a related entity of the controlling trustee.

(4) The controlling trustee must:

(a) give a copy of the declaration to the Official Receiver; and

(b) give a copy of the declaration to each of the creditors at the same time as the controlling trustee gives a copy of the subsection (1) report to each creditor; and

(c) keep a copy of the declaration.

Related sections

• s 189AA — Court orders with effect during period of control of debtor’s property
• s 189AB — Charge over debtor’s property that is subject to control
• s 189AC — Right of indemnity for controlling trustee
• s 189B — Controlling trustee to prepare statement about possible resolutions
• s 190 — Duties and powers of controlling trustee
• s 190A — Additional duties of controlling trustee

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