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"CREDITORS' RIGHTS IN INSOLVENCY IN AUSTRALIA: A PRACTICAL GUIDE" Written by P Keenan Written between 1990 and 1994 (Publication began on this site on 5/5/2007. Latest contents published 13/2/2014) |
TABLE OF CONTENTS
FOREWORD
GLOSSARY OF TERMS
CHAPTER
1. INTRODUCTION
1.1 Scope and layout of this book
2. THE GENERAL SCHEME OF INSOLVENCY LAW
2.1 Functions
2.3 Legislation
2.7 Notices and advertisements
2.8 Courts
2.9 Governing officials and institutions
2.11 Administrators
2.12 Informal schemes or administrations
3.1 Insolvency administrations: companies
3.2 Insolvency administrations: individuals
3.7 Powers of courts
3.8 Officials and institutions: companies
3.9 Officials and institutions: individuals
4. CREDITORS' VOLUNTARY LIQUIDATION
4.2 Effect on unsecured creditors
4.3 Effect on secured creditors
4.4 Effect on existing contracts
4.6 Notice of initial meeting of creditors
4.7 Before the creditors' meeting
4.9 Particulars of debt or claim
4.10 Appointment of a chairperson
4.12 A committee of inspection
4.13 Remuneration of the liquidator
4.15 At the meeting
4.16 During the administration
4.17 Requests by the liquidator
4.19 Supervising the liquidator
4.20 Discipline of the liquidator
4.21 Liquidator versus creditors
4.22 Supply of goods and services
4.23 Committee of inspection
4.24 Public examinations
4.25 Termination of liquidation
5. PROVISIONAL LIQUIDATION
6. OFFICIAL [or COURT] LIQUIDATION
Nature of administration
Effect on unsecured creditors
Reports by liquidator
Meeting of creditors
Notice of meeting
Before the meeting
Who may vote
At the meeting
During the administration
Committee of inspection
Dividends to creditors
Investigation by liquidator
Public examinations
Investigation by CAC
Complaints
Termination of liquidation
7. RECEIVERSHIP
Nature of administration
Effect on unsecured creditors
Report by Receiver
Options for unsecured creditors
Dividends to creditors
Investigation by Receiver
Investigation by CAC
Complaints
Termination of receivership
8. MORTGAGEES IN POSSESSION
Nature of administration
Effect on unsecured creditors
Report by mortgagees agent
Options for unsecured creditors
Dividends to creditors
Investigation by agent
Role of CAC
Complaints
Termination of administration
9. OFFICIAL MANAGEMENT
Nature of administration
Effect on unsecured creditors
Notice of meeting of creditors
Before the meeting
Who may vote
Options available
At the meeting
During the administration
Committee of management
Reports by official manager
Dividends to creditors
Investigation by official manager
Investigation by CAC
Complaints
Replacing the official manager
Conversion to liquidation
Release of official manager
Termination of official management
10. SCHEME OF ARRANGEMENT
Nature of administration
Effect on unsecured creditors
Notice of meeting of creditors
Before the meeting
Who may vote
At the meeting
Court approval
During the administration
Reports by scheme manager
Dividends to creditors
Investigation by scheme manager
Investigation by CAC
Complaints
Replacing the scheme manager
Termination of scheme
11. BANKRUPTCY
Nature of administration
Effect on unsecured creditors
Reports by trustee
Meeting of creditors
Notice of meeting
Before the meeting
Who may vote
At the meeting
During the administration
Committee of inspection
Dividends to creditors
Investigation by trustee
Public examination
Objection to discharge from bankruptcy
Role of Official Receiver
Complaints
Replacing the trustee
Termination of bankruptcy
12. PART X [Bankruptcy Act] ARRANGEMENT
Nature of administration
Effect on unsecured creditors
Notice of meeting of creditors
Debtor's proposal
Trustee's opinion
Options available
Before the meeting
Who may vote
At the meeting
During the administration
Committee of inspection
Dividends to creditors
Compliance with terms of arrangement
Investigation by trustee
Public examination
Role of Official Receiver
Complaints
Replacing the trustee
Termination of arrangement
13. SPECIAL SUBJECTS AND ISSUES
13.1 Continuing supply
13.2 Contracts
13.3 Defamation and Qualified Privilege
13.4 Disclaimers
13.5 Employees
Ethics of insolvency practitioners
Fees for insolvency administrators
Government and statutory authorities
Income tax
Indemnities
Informal schemes
Liquidator's reports - Section 418
Preferential creditors
Proof of debt
Provable debts
Proxies
Public examinations
Recovery of debts from directors
Report as to Affairs
Retention of title
Sale of assets
Statement of Affairs
Void dispositions
Voidable preferences
14. STATUTORY AND OTHER FORMS EXPLAINED
Liquidator's Account
Proof of debt
Proxies
Receiver's Account
Rejection of Proof of Debt
Report as to Affairs
Statement of Affairs
Summary of Affairs
Trustee's Account
PRECEDENT LETTERS AND FORMS
CONTACTS
NOTES
TABLE OF CASES
BIBLIOGRAPHY
INDEX
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