Bankruptcy Act in Australia
The Bankruptcy Act 1966 (Commonwealth) is the legislation that governs bankruptcy in
Australia.
Only individuals can become bankrupt; insolvent companies go into liquidation or
administration (see administration (insolvency))....
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Bankruptcy Act in Australia
The Bankruptcy Act 1966 (Commonwealth) is the legislation that governs bankruptcy in
Australia.
Only individuals can become bankrupt; insolvent companies go into liquidation or
administration (see administration (insolvency)).
There are three "parts" of the act under which
the vast majority of "acts of bankruptcy" fall.
Part IV (Full Bankruptcy), Part IX Debt
Agreements and Part X Personal Insolvency Agreements.
Agreements refer specifically to
arrangements between creditors and debtors, whereas Part IV relates to full bankruptcy and is
generally synonymous with "bankruptcy".
A person or debtor can declare himself or herself bankrupt by lodging a debtor s petition with
the Official Receiver, which is the Insolvency and Trustee Service Australia (ITSA).
A person
can also be made bankrupt after a creditor s petition results in the making of a sequestration
order in the Federal Magistrates Court.
To declare bankruptcy or for a creditors petition to be
lo
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