Section 149D — Bankruptcy Act 1966: Grounds of objection
Text of the provision Official document
(1) The grounds of objection that may be set out in a notice of objection are as follows: (a) the bankrupt has, whether before, on or after the date of the bankruptcy, left Australia and has not returned to Australia; (aa) any transfer is void against the trustee in the bankruptcy because of section 120 or 122; (ab) any transfer is void against the trustee in the bankruptcy because of section 121; (ac) any transfer is void against the trustee in the bankruptcy because of section 128B; (ad) any transfer is void against the trustee in the bankruptcy because of section 128C; (b) after the date of the bankruptcy, the bankrupt contravened section 206A of the Corporations Act 2001 (disqualification from managing corporations); (c) after the date of the bankruptcy the bankrupt engaged in misleading conduct in relation to a person in respect of an amount that, or amounts the total of which, exceeded $3,000; (d) the bankrupt, when requested in writing by the trustee to provide written information about the bankrupt’s property, income or expected income, failed to comply with the request; (da) after the date of the bankruptcy, the bankrupt intentionally provided false or misleading information to the trustee; (e) the bankrupt failed to disclose any particulars of income or expected income as required by a provision of this Act referred to in subsection 6A(1) or by section 139U; (f) the bankrupt failed to pay to the trustee an amount that the bankrupt was liable to pay under section 139ZG; (g) at any time during the period of 5 years immediately before the commencement of the bankruptcy, or at any time during the bankruptcy, the bankrupt: (i) spent money but failed to explain adequately to the trustee the purpose for which the money was spent; or (ii) disposed of property but failed to explain adequately to the trustee why no money was received as a result of the disposal or what the bankrupt did with the money received as a result of the disposal; (h) while the bankrupt was absent from Australia he or she was requested by the trustee to return to Australia by a particular date or within a particular period but the bankrupt failed to return by that date or within that period; (ha) the bankrupt intentionally failed to disclose to the trustee a liability of the bankrupt that existed at the date of the bankruptcy; (i) the bankrupt has failed, whether intentionally or not, to disclose to the trustee a liability of the bankrupt that existed at the date of the bankruptcy; (ia) the bankrupt failed to comply with subparagraph 77(1)(a)(ii); (j) the bankrupt failed to comply with paragraph 77(1)(bb) or (bc) or subsection 80(1); (k) the bankrupt refused or failed to sign a document after being lawfully required by the trustee to sign that document; (l) the bankrupt failed to attend a meeting of his or her creditors without having first obtained written approval of the trustee not to attend or without having given to the trustee a reasonable explanation for the failure; (m) the bankrupt failed to attend an interview or examination for the purposes of this Act without having given a reasonable explanation to the trustee for the failure; (ma) the bankrupt intentionally failed to disclose to the trustee the bankrupt’s beneficial interest in any property; (n) the bankrupt failed, whether intentionally or not, to disclose to the trustee the bankrupt’s beneficial interest in any property. (2) This section has effect subject to section 304A.
Official source: Federal Register of Legislation
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