Horne, in the matter of Kakavas [2010] FCA 1410
Given the complexity of the debtor's affairs, the need for further investigation, obtaining of advice, absence of material prejudice to creditors, and the coming holiday period, it is appropriate to grant the application and extend time for the creditors' meeting.
- Jurisdiction
- Australia
- Judgment Date
- 02 December 2010
- Procedural Posture
- Bankruptcy Application / Application for Extension of Time for Meeting of Creditors
- Outcome
- Application granted.
- Legal Topics
- ['extension of Time' 'meeting of Creditors' 'controlling Trustee Powers' 'personal Insolvency Agreement']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Bankruptcy Application / Application for Extension of Time for Meeting of Creditors
Legal Issues
- 1 ['Whether an extension of time should be granted for the holding of a meeting of creditors under s 194(1) of the Bankruptcy Act 1966 (Cth)']
Ratio Decidendi
Given the complexity of the debtor's affairs, the need for further investigation, obtaining of advice, absence of material prejudice to creditors, and the coming holiday period, it is appropriate to grant the application and extend time for the creditors' meeting.
Court Disposition
Application granted.
Orders
- ['The time for the holding of the meeting of creditors of Harry (a.k.a. Haralambous) Kakavas under s 194(1) of the Bankruptcy Act 1966 (Cth) be extended to 9 February 2011.']
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