Hearing of a creditor's petition for a sequestration (bankruptcy) order | Practical Law

Hearing of a creditor's petition for a sequestration (bankruptcy) order | Practical Law

This note considers the principles, practice and procedures that apply in relation to the hearing of a creditor's petition for a sequestration (bankruptcy) order against a debtor. It explains the standard procedure for the hearing of an unopposed petition, the grounds on which a debtor can oppose a petition, the procedure for doing so and the orders the court can make on the hearing of the petition. It also discusses costs orders the court may make following hearing and determination of the petition, the requirements for service of the court's final order(s), the procedure for and principles relevant to an application to substitute a creditor and how and when the court may give interim directions for a trustee to take control of the debtor's property pending determination of the petition.

Hearing of a creditor's petition for a sequestration (bankruptcy) order

Practical Law ANZ Practice Note w-012-2797 (Approx. 37 pages)

Hearing of a creditor's petition for a sequestration (bankruptcy) order

by Practical Law Dispute Resolution
This note considers the principles, practice and procedures that apply in relation to the hearing of a creditor's petition for a sequestration (bankruptcy) order against a debtor. It explains the standard procedure for the hearing of an unopposed petition, the grounds on which a debtor can oppose a petition, the procedure for doing so and the orders the court can make on the hearing of the petition. It also discusses costs orders the court may make following hearing and determination of the petition, the requirements for service of the court's final order(s), the procedure for and principles relevant to an application to substitute a creditor and how and when the court may give interim directions for a trustee to take control of the debtor's property pending determination of the petition.