Regulation 137
Application under section 392 or 394 of Act made by persons other than Official Assignee
of Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules 2020
Subregulation 1
This rule applies when a person other than the Official Assignee applies for an annulment of a bankruptcy order under section 392 of the Act or the discharge of a bankrupt under section 394 of the Act.
Subregulation 2
The affidavit supporting the application must state the following:
whether the bankrupt has filed the bankrupt’s statement of affairs;
the number of creditors and whether they have proved their debts;
whether the bankrupt has disclosed all the bankrupt’s assets to the trustee of the bankrupt’s estate, and whether the assets have been realised;
whether any dividend has been declared and if so, the amount of the dividend;
the grounds of the application.
Subregulation 3
Unless the applicant is the trustee of the bankrupt’s estate, the applicant must serve a sealed copy of the application and a copy of the affidavit supporting the application personally on the trustee of the bankrupt’s estate.
Subregulation 4
The trustee of the bankrupt’s estate must give notice of the application to —
every creditor who has filed a proof of debt in respect of the bankruptcy; and
in a case where the application is made before the expiry of the period mentioned in section 347(2) of the Act — every creditor who is mentioned in the statement of the bankrupt’s affairs but has not filed a proof of debt.