Objections to Discharge/ Magistrate protects systemic corrupt conduct/ AFSA Management protects systemic corrupt conduct/ Veronique Ingram
So why was David Cooper in Bankruptcy for 8 years?
It was because he filed a false statement of affairs that the Shonky Manaagement at AFSA tried to protect.
Further to this on friday at the Downing Centre Court in Sydney a Shonk Magistrate Lisa Stapleton found it was aso highly offensive that this conduct has been exposed on the internet.
Further to this Stapleton found that Veronique Ingram had never been investigated by the Australian Public Service Commission and the Commonwealth Ombudsman contrary to factual evidence and she had been defamed.
So trulely this magistrate should go and look at the correct terminology and the Law of Defamation. If she fails in defamation law then what else is she highly deficient in???
Under Common law to constitute defamation, a claim must generally be false and have been made to someone other than the person defamed.[1] Some common law jurisdictions also distinguish between spoken defamation, called slander, and defamation in other media such as printed words or images, called libel.[2]
False light laws protect against statements which are not technically false but misleading.[3
What has Stapleton's gain for protecting systemic corrupt conduct and corruption???]
Objections to Discharge
What is an objection to discharge?
Under normal circumstances a person's bankruptcy will automatically end three years after the bankrupt's Statement of Affairs is filed with AFSA. This is called a discharge from bankruptcy. However the trustee of a bankrupt estate may extend the period of a person's bankruptcy by lodging an objection to discharge.
Why object to a bankrupt's discharge?
An objection to discharge may be use as a punishment for some action taken by the bankrupt before or after bankruptcy, or a method of encouraging them to cooperate with the trustee. There are also times when it would be in the interest of the creditors or the general public that the bankrupt not be discharged at the usual time because the bankrupt has committed some offence under the Bankruptcy Act.
When can a trustee object to a bankrupt's discharge?
An objection may be lodged at any time during the bankruptcy, but there needs to be statutory grounds to do so. An objection must be lodged before the discharge to be effective, as you cannot extend the time of a bankruptcy that has ended. The opportunity to object is gone once a bankrupt has been discharged.
How does a trustee object to a bankrupt's discharge?
The trustee lodges the required notice of objection with ASFA and forwards a copy to the bankrupt. Once that notice is recorded by AFSA on the NPII (the National Personal Insolvency Index is the statutory register) the objection will have legal effect.
For how long will the bankruptcy be extended?
A bankruptcy may be extended for either two or five years, making the period of the bankruptcy either five or eight years. The period of extension will depend on the particular statutory ground for the objection. The usual discharge provisions will then apply at the new extended periods, with automatic discharge occurring at the end of the extended period.
In effect the objection only takes effect once the original discharge date is reached, as the objection only extends the date of discharge. The bankrupt would have remained bankrupt during the first three year anyway.
How is the length of the extension determined?
The extension period is determined by the statutory ground under which the objection was lodged. A "special ground" will result in a five year extension, and a "non-special ground" will result in a two year extension.
What are the grounds for objecting?
The objection must be based on a very specific statutory ground. These grounds are:
Special Grounds (five year extension):
1. failure to provide written information about their property or income;
2. failure to disclose particulars of income or expected income;
3. failure to pay a contribution amount to the Trustee;
4. spent money or disposing of assets or spending monies with five years before bankruptcy without adequate explanation;
5. leaving and not returning to Australia when requested;
6. failure to sign a document as required by the Trustee under the provisions of the bankruptcy Act;
7. making a transfer that is void under section 121 of the Bankruptcy Act;
8. Intentionally providing false or misleading information to the Trustee;
9. Intentionally failing to disclose a liability that existed at the time of bankruptcy; or
10. Failing to disclose a beneficial interest in any property.
Other Grounds (two year extension):
1. continuing to manage a corporation in contravention of the Corporations Act and without leave being granted;
2. leaving Australia and not returning;
3. making a void transfer under section 120 or 122 of the Bankruptcy Act;
4. misleading conduct by the bankrupt involving an amount in excess of an indexed amount, currently $3,901;
5. failure to disclose a liability that existed at the time of bankruptcy;
6. failure to comply with section 77(1) or Section 80;
7. failure to attend a creditors' meeting under certain circumstances or an interview or examination without reasonable excuse; or
8. failure to disclose a beneficial interest in property.
What if there is more than one ground?
If there is more than one ground, the period of extension will be based on the ground with the longest period. The time periods are not cumulative. If the ground with the longest period is subsequently lifted, the period of extension will then be based on the next longest period attached to a remaining ground. The period of extension may still be the original extension period if two special or two non-special grounds apply and only one is lifted.
Is there a difference between objection notices for special and non-special grounds?
The main difference in the objection process is the amount of information required on the notice. The trustee used to have to state a reason when lodging any objection. Reasons are no longer required for objections based on special grounds due to the natur of those grounds. The notice only requires information on the ground on which the objection is based and the evidence that the ground exists. Objections based on non-special grounds still require reasons to be given in the notice.
Can an objection be withdrawn?
The trustee may withdraw an objection at any time. The trustee will normally withdraw the objection if the grounds have been satisfied. But the trustee does not have to withdraw it, especially if the objection is based on a special ground. If all grounds have been satisfied, the notice of objection may be completely withdrawn.
Does withdrawing an objection end the bankruptcy?
If the bankrupt would have normally been discharged during the period that the objection was in force (if the three years expired during the objection period), withdrawing the objection will automatically discharge the bankrupt as at the date of the withdrawal of the objection, not the original discharge date. If the objection is withdrawn during the normal three year bankruptcy period, the bankruptcy will end by automatic discharge at the end of that three year period.
Can the objection be removed by a higher authority?
The Bankruptcy Act provides a review process. The bankrupt may apply to the Inspector-General to review the decision to lodge an objection. The request for a review must be made within 60 days of the notification of the objection being received by the bankrupt. The Inspector-General must first decide whether or not to review the objection, and if they decide to do so, review the objection and make his decision within 60 days after the receipt of the request.
The Inspector-General must decide the review on the following basis:
1. Whether the ground is a ground set out under the Act;
2. Whether there is sufficient evidence to support that ground; and
3. The conduct of the Bankrupt before the Objection was lodged.
It is more difficult to have an objection based on a special ground removed as there are no reasons for the Inspector-General to review, and no consideration is taken of the conduct of the bankrupt after the lodgment of the objection. That is, even if the bankrupt finally complies with the trustee's requests, the bankrupt's conduct will not automatically give rise to a removal or withdrawal of the objection.
To have an objection based on a special ground removed, the bankrupt may have to show that circumstances existed that do not justify the objection in the first instance.
Disclaimer
The enclosed information is of necessity a brief overview and it is not intended that readers should rely wholly on the information contained herein. No warranty express or implied is given in respect of the information provided and accordingly no responsibility is taken by Worrells or any member of the firm for any loss resulting from any error or omission contained within this fact sheet.
Last Updated: 25.09.2013
