Section 92 — Bankruptcy Act 1966 (Cth)

(1) Where a secured creditor has lodged a proof of debt in respect of the balance due after deducting the estimated value of his or her security, he or she may, at any time, apply to the trustee or the Court for permission to amend the proof of debt by altering the estimated value.

(2) If the trustee or the Court is satisfied:

(a) that the estimate of the value of the security was made in good faith on a mistaken basis; or

(b) that the value of the security has changed since the estimate was made;

the trustee or the Court may permit the creditor to amend his or her proof of debt accordingly.

(3) Where the Court permits a creditor to amend his or her proof of debt, it may do so on such terms as it thinks just and equitable.

Related sections

• s 89 — Apportionment where security realized before or after bankruptcy
• s 90 — Proof of debt by secured creditor
• s 91 — Redemption of security by trustee etc.
• s 93 — Repayment of excess
• s 94 — Subsequent realization of security
• s 95 — Proof in respect of distinct contracts

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