Townsend, Re R.G. & C.M. [1986] FCA 504

Townsend, Re R.G. & C.M. [1986] FCA 504

The evidence established that the income of the bankrupts was barely sufficient for their maintenance, and no order should be made under s.131 because the trustee has not satisfied the court that any portion of income ought to be paid for the benefit of creditors.

Parties
Bankrupt: Robert G. Townsend; Bankrupt: Christine M. Townsend; Applicant: Trustee in bankruptcy
Jurisdiction
Australia
Judgment Date
15 October 1986
Procedural Posture
Application by Trustee in Bankruptcy Under S.131 of Bankruptcy Act 1966 / Ex Tempore Judgment
Outcome
Application refused
Legal Topics
Bankrupt's Entitlement to Income, Trustee's Application for Contribution From Bankrupt's Income
Bankruptcy Law Bankrupt's Entitlement to Income Trustee's Application for Contribution From Bankrupt's Income

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Parties

Robert G. Townsend

Bankrupt

Christine M. Townsend

Bankrupt

Trustee in bankruptcy

Applicant

Procedural Posture

Application by Trustee in Bankruptcy Under S.131 of Bankruptcy Act 1966 / Ex Tempore Judgment

Legal Issues

  1. 1 Whether an order should be made under s.131 of Bankruptcy Act 1966 requiring bankrupts' income to be paid to trustee for benefit of creditors

Ratio Decidendi

The evidence established that the income of the bankrupts was barely sufficient for their maintenance, and no order should be made under s.131 because the trustee has not satisfied the court that any portion of income ought to be paid for the benefit of creditors.

Court Disposition

Application refused

Orders

  • Application under s.131 of Bankruptcy Act 1966 refused