Division 1 Jurisdiction
Division 2 Procedure
Division 1 Official Assignee and Official Receiver
Division 2 Trustee in bankruptcy
Division 3 Regulation of insolvency practitioners
Division 1 Preliminary provisions applicable to winding up
Division 2 Provisions applicable to winding up by Court
Subdivision 1 General
Subdivision 2 Liquidators
Subdivision 3 Committees of inspection
Subdivision 4 General powers of Court
Division 3 Provisions applicable to voluntary winding up
Subdivision 1 Preliminary
Subdivision 2 Provisions applicable only to members’ voluntary winding up
Subdivision 3 Provisions applicable only to creditors’ voluntary winding up
Subdivision 4 Provisions applicable to every voluntary winding up
Division 4 Provisions applicable to every mode of winding up
Subdivision 1 General
Subdivision 2 Effect on other transactions
Subdivision 3 Dissolution
Division 1 Preliminary
Division 2 Proof of debts
Division 3 Adjustment of prior transactions
Division 4 Disclaimer of onerous property
Division 5 Offences
Division 6 Management by judicial managers and liquidators
Division 1 Winding up of unregistered companies
Division 2 Liquidation or dissolution of foreign companies
Division 1 Moratorium for insolvent debtor
Division 2 Consideration and implementation of debtor’s proposal
Division 1 Preliminary
Division 2 Proposal for debt repayment scheme
Division 3 Commencement and administration of debt repayment scheme
Division 4 Cessation of debt repayment scheme
Division 5 Miscellaneous
Division 1 Bankruptcy applications and bankruptcy orders
Division 2 Protection of debtor’s property
Division 1 Bankruptcy
Division 2 Inquiry into bankrupt’s affairs, dealings and property
Division 3 Monthly contribution and target contribution
Division 4 Proof of debts
Division 5 Composition or scheme of arrangement
Division 6 Effect of bankruptcy on antecedent transactions
Division 7 Possession, control and realisation of bankrupt’s property
Division 8 Distribution of property
Division 1 Companies Act
Division 2 Other Acts
Persons who may make creditor’s bankruptcy application |
Conditions to be satisfied in respect of debtor |
310.—(1) No bankruptcy application may be made to the Court under section 307(1)(a) or 308(1)(a) against an individual debtor unless the debtor —
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Grounds of bankruptcy application |
311.—(1) Subject to section 314, no bankruptcy application may be made to the Court in respect of any debt or debts unless at the time the application is made —
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Presumption of inability to pay debts |
312. For the purposes of a creditor’s bankruptcy application, a debtor is, until the debtor proves to the contrary, presumed to be unable to pay any debt within the meaning of section 311(1)(c) if the debt is immediately payable and any one of the following applies:
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Where applicant for bankruptcy order is secured creditor |
313.—(1) Where the applicant for a bankruptcy order is a secured creditor of the debtor, the applicant must in the application —
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