Objection to Discharge from Bankruptcy

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At any time before a bankrupt is discharged from bankruptcy, the trustee may file a written objection to discharge bankruptcy to extend the bankruptcy period.
The notice of objection must:

  • set out the ground or grounds for the objection
  • refer to the evidence or other material that, in the opinion of the trustee, establishes that ground
  • the trustee must state his or her reasons for the objection

The grounds of objection that may be set out in a notice of objection are set out in 149D of the Bankruptcy Act 1966 (Cth).

The considerations relevant to the withdrawal of an objection are:

  • the utility of continuing the administration of the estate for the purpose of recovering or potentially recovering assets or funds for the creditors
  • the importance of continuing the administration of the estate for a sufficient period of time to allow for appropriate enquiry to be made in the circumstances of the particular case (having regard to the circumstances of the case in the conduct of the bankrupt)
  • maintaining public confidence by ensuring that adequate time is provided to allow for careful scrutiny of the bankrupt

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