Official Trustee in Bankruptcy v Billedo, in the matter of Junboy Billedo (Bankrupt) [2003] FCA 322

Official Trustee in Bankruptcy v Billedo, in the matter of Junboy Billedo (Bankrupt) [2003] FCA 322

Because the trustee had taken all reasonable steps to obtain statements of affairs from Mr and Mrs Billedo, ascertain creditors and obtain assets, and because the bankruptcy administration was all but complete, orders under s 146 should be made for distribution of dividends in their separate bankrupt estates, subject to further notice periods for identified possible creditors who had not lodged proofs of debt.

Jurisdiction
Australia
Judgment Date
08 April 2003
Procedural Posture
Ex Parte Application Under S 146 of the Bankruptcy Act 1966 (cth) / Orders and Reasons for Judgment
Outcome
Application granted subject to conditions requiring notice to possible creditors before distribution.
Legal Topics
['distribution of Dividends' 'statements of Affairs' 'proofs of Debt' 'joint and Separate Bankrupt Estates' 'trustee Administration']
['bankruptcy'] ['distribution of Dividends' 'statements of Affairs' 'proofs of Debt' 'joint and Separate Bankrupt Estates' 'trustee Administration']

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Procedural Posture

Ex Parte Application Under S 146 of the Bankruptcy Act 1966 (cth) / Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether orders should be made under s 146 of the Bankruptcy Act 1966 (Cth) for distribution of dividends in the bankrupt estates of Rodolfo Moyer Billedo and Perlita Gacad Billedo as if each had filed a statement of affairs.' 'Whether the trustee had taken all reasonable steps to obtain statements of affairs, ascertain creditors and obtain assets of the relevant estates.' 'Whether distributions should be subject to further notice to possible creditors who had not lodged proofs of debt.']

Ratio Decidendi

Because the trustee had taken all reasonable steps to obtain statements of affairs from Mr and Mrs Billedo, ascertain creditors and obtain assets, and because the bankruptcy administration was all but complete, orders under s 146 should be made for distribution of dividends in their separate bankrupt estates, subject to further notice periods for identified possible creditors who had not lodged proofs of debt.

Court Disposition

Application granted subject to conditions requiring notice to possible creditors before distribution.

Orders

  • ['Pursuant to section 146 of the Bankruptcy Act 1966 (Cth), the distribution of dividends amongst the creditors of the bankrupt estate of Rodolfo Moyer Billedo who have proved their debts proceed in accordance with Division 5 of Part VI of the Bankruptcy Act 1966 (Cth) as if he had filed a statement of his affairs...