Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 149D

Grounds of objection

  (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.



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