Section 93 — Bankruptcy Act 1966 (Cth)

(1) Where a creditor who has amended a proof of debt under section 92 has received, by way of dividend, any amount in excess of the amount to which he or she would have been entitled under the amended proof of debt, he or she shall forthwith repay the amount of the excess to the trustee.

(2) Where a creditor who has so amended a proof of debt has received, by way of dividend, less than the amount to which he or she would have been entitled under the amended proof of debt, he or she is entitled to be paid, out of moneys for the time being available for distribution as dividend, the amount of the deficiency before those moneys are applied in the payment of future dividends, but is not entitled to affect the distribution of a dividend declared before the amendment of the proof of debt.

Related sections

• s 90 — Proof of debt by secured creditor
• s 91 — Redemption of security by trustee etc.
• s 92 — Amendment of valuation
• s 94 — Subsequent realization of security
• s 95 — Proof in respect of distinct contracts
• s 96 — Proof in respect of proportionate part of periodical payment

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