By Stephen Mullette a Principal of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group.
A trustee in bankruptcy has used section 134(4) of the Bankruptcy Act to obtain protection from the court in respect of a proposed distribution to creditors, in circumstances where the bankrupt had not provided a statement of affairs (or at least any adequate one).
The bankrupt argued that the trustee should have used section 146 of the Act, which allows the trustee to apply for leave of the court to make a distribution where the bankrupt had not filed a statement of affairs. [...]
