May 10

OBJECTION TO DISCHARGE

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The period of bankruptcy can be extended by a Trustee in certain circumstances, which are set out in the Bankruptcy Act. When this occurs, the Trustee lodges an Objection with the Official Receiver at ITSA. Once it is registered on the NPII, it is a valid objection. A Trustee can lodge an objection on a number of grounds, including if a bankrupt fails to co-corporate, or fails to meet the requirements of the Bankruptcy Act. In this instance, a bankruptcy can be extended to a 5 or 8 year period from the date the bankrupt files their Statement of Affairs with ITSA. An objection is not a punitive measure and is only to be used to assist in making a Bankrupt comply with their duties. A Bankrupt has the right to appeal the lodgment of an objection to discharge.


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