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StatuteBankruptcy Act 1966

Section 77 — Bankruptcy Act 1966: Duties of bankrupt as to discovery etc. of property

Text of the provision Official document

(1) A bankrupt shall, unless excused by the trustee or prevented by illness or other sufficient cause: (a) forthwith after becoming a bankrupt, give to the trustee: (i) all books (including books of an associated entity of the bankrupt) that are in the possession of the bankrupt and relate to any of his or her examinable affairs; and (ii) any passport or document issued for the purposes of travel held by the bankrupt; and (b) attend the trustee whenever the trustee reasonably requires; and (ba) give such information about any of the bankrupt’s conduct and examinable affairs as the trustee requires; and (bb) as soon as practicable after the later of the following times: (i) the time the bankrupt’s statement of affairs was accepted under subsection 57B(1); (ii) the time the bankrupt became a bankrupt; advise the trustee of any material change that occurred between the time the statement was filed and the later of the times mentioned in subparagraph (i) or (ii); and (bc) if a material change occurs at or after the later of the times mentioned in subparagraph (bb)(i) or (ii), advise the trustee of that change as soon as practicable after the change occurs; and (c) attend a meeting of creditors whenever the trustee requires; and (d) at each meeting of creditors at which the bankrupt is present, give such information about any of the bankrupt’s conduct and examinable affairs as the meeting requires; and (e) execute such instruments and generally do all such acts and things in relation to his or her property and its realization as are required by this Act or by the trustee or as are ordered by the Court upon the application of the trustee; and (f) disclose to the trustee, as soon as practicable, property that is acquired by him or her, or devolves on him or her, before his or her discharge, being property divisible amongst his or her creditors; and (g) aid to the utmost of his or her power in the administration of his or her estate. (2) In this section: material change means a change in the particulars contained in the bankrupt’s statement of affairs, where the change could reasonably be expected to be relevant to the administration of the bankrupt’s estate.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.