Discretion of a Bankruptcy Trustee/ Matthew Osborne/ ITSA/ AFSA
Clearly Matthew Osborne , Veronique Ingram , Adam Toma Cheryl Cullen are absolutely incensed that the corruption and systemic corrupt conduct at ITSA or AFSA has been exposed on the internet.
As Inspector General in Bankruptcy , the Skanky Veronique Ingram has responsibilities to comply with. Clearly this corrupt woman has her conduct protected by the Commonwealth Ombudsman and the Australian Public Service Commission
This is the section the Principal Legal Officer Mathew Osborne is using to fuck over any complaints made to ITSA or the AFSA.
Matthew Osborne has complained to the Australian Federal Police that I have brought his integrity into disrepute. How Funny!!!!!!!!!!!!
This fucker has given corrupt and false Legal Advice and and he does not believe that it is in the Public Interest for me to expose him.
Clearly he can come kiss my arse!!!!!
This section only refers to the realization of property and Osborne is aware he is giving corrupt advice to senior Management and Bankruptcy Trustees.
This section cannot also be used to mislead a creditor as Matthew Osborne and Skanky Cheryl Cullen claim.
Mathew Osborne is also giving advice to ITSA and Trustees that this section also gives a trustee the discretion not to have fraud referred to Enforcement.
Division 4--Realization of property
BANKRUPTCY ACT 1966 - SECT 134
Powers exercisable at discretion of trustee
(1) Subject to this Act, the trustee may do all or any of the following
things:
(a) sell all or any part of the property of the bankrupt;
(aa) accept, without terms or conditions, or subject to terms and
conditions, a sum of money payable at a future time as the consideration or
part of the consideration for the sale of any property of the bankrupt;
(ac) divide among the creditors, in its existing form and according to
its estimated value, property that, by reason of its peculiar nature or other
special circumstances, cannot readily or advantageously be sold;
(b) carry on a business of the bankrupt so far as may be necessary to
dispose of it or wind it up for the benefit of creditors;
(c) postpone the winding-up of the estate;
(da) mortgage or charge any of the property of the bankrupt for the
purpose of raising money for the payment of the debts provable in the
bankruptcy;
(f) make a compromise with a creditor or a person claiming to be a
creditor in respect of a debt provable, or claimed to be provable, in the
bankruptcy;
(g) make a compromise in respect of any claim arising out of the
administration of the estate of the bankrupt, whether the claim is made by or
against the trustee;
(h) deal with property to which the bankrupt is beneficially entitled as
tenant in tail in the same manner as the bankrupt could deal with it if he or
she were not a bankrupt;
(i) obtain such advice or assistance as he or she considers desirable
relating to the administration of the estate or to the conduct or affairs of
the bankrupt;
(ia) refer any dispute to arbitration;
(j) bring, institute or defend any action or other legal proceeding
relating to the administration of the estate;
(k) execute powers of attorney, deeds or other instruments for the
purpose of carrying the provisions of this Act into effect; and
(m) employ the bankrupt:
(i) to superintend the management of the whole, or a part, of
the property of the bankrupt;
(iii) to assist in any other way in administering
the property of the bankrupt;
and, in consideration of the bankrupt's services, make such allowance to the
bankrupt out of the estate as the trustee considers reasonable;
(ma) make such allowance out of the estate as he or she thinks just to
the bankrupt, the spouse or de facto partner of the bankrupt or
the family of the bankrupt;
Note: See
also subsection 5(6).
(n) superintend the management of the whole, or a part, of
the property of the bankrupt;
(o) administer the property of the bankrupt in any other way.
(1A) An allowance
made to the bankrupt in pursuance of paragraph (1)(m) may be reduced by
the Court upon the application of an interested person.
(3) Subject to this Act, the trustee may use his or her own discretion
in the administration of the estate.
(4) The trustee may at any time apply to the Court for directions in
respect of a matter arising in connexion with the administration of the
estate.
Note:
Section 178 allows an application to be made to the Court by the
bankrupt, a creditor or any other person who is affected by an act, omission
or decision of the trustee.
AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
No comments:
Post a Comment