Re Morgan, K.J. [1995] FCA 185

Given the applicant's lack of awareness and the trustee's consent, and pursuant to s 33(1)(c), the period for automatic discharge is appropriately abridged to six months, with the filing of the statement of affairs on 7 September 1994 effective for the purposes of s 149(3)(a).

Parties: Bankrupt / Applicant: Kevin John Morgan; Trustee of the Bankrupt Estate: Maxwell Christopher Donnelly
Jurisdiction: Australia
Judgment Date: 21 March 1995
Procedural Posture: Bankruptcy Application / Application to Abridge Period of Bankruptcy Discharge
Outcome: Application granted; period for discharge abridged; bankrupt discharged.
Legal Topics: Automatic Discharge From Bankruptcy, Abridgment of Statutory Periods

Bankruptcy Automatic Discharge From Bankruptcy Abridgment of Statutory Periods

Case Brief

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Parties

Kevin John Morgan

Bankrupt / Applicant

Maxwell Christopher Donnelly

Trustee of the Bankrupt Estate

Procedural Posture

Bankruptcy Application / Application to Abridge Period of Bankruptcy Discharge

Legal Issues

1 Whether the period for automatic discharge from bankruptcy can be abridged under paragraph 33(1)(c) of the Bankruptcy Act 1966 (Cth)
2 Whether the late filing of the statement of affairs invalidates discharge or can be rectified

Ratio Decidendi

Court Disposition

Application granted; period for discharge abridged; bankrupt discharged.

Orders

The period provided for in sub-s 149 (3) is abridged to a period of six months.
The filing of the statement of affairs on 7 September 1994 is an effective filing for the purposes of paragraph 149 (3) (a) of the Act.