Re Peter Ronald Blanch & Iva Tagi Blanch

Re: PETER RONALD BLANCH
And: IVA TAGI BLANCH
No. NSW 128 of 1983
Bankruptcy

COURT

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
Neaves J.

CATCHWORDS

Bankruptcy - Annulment - Moneys paid to trustee in bankruptcy sufficient to pay 100 cents in the dollar to unsecured creditors who had previously proved their debts - Moneys not distributed by trustee - Whether Court could be satisfied that unsecured debts of the bankrupt paid in full - Bankruptcy Act 1966, s.154.

Bankruptcy Act 1966 s.154

HEARING

CANBERRA

#DATE 15:11:1984

ORDER

1. Declares that the material placed before the Court in support of the application under section 154 of the Bankruptcy Act 1966 for the annulment of the bankruptcies of Peter Ronald Blanch and Iva Tagi Blanch does not satisfy the Court that the unsecured debts of the bankrupts, being debts that have been proved in the bankruptcies, have been paid in full.

2. Orders that the application be adjourned generally with liberty to the bankrupts to restore the same to the list on 7 days' notice to the Official Trustee in Bankruptcy.

JUDGE1

This is an application by Peter Ronald Blanch and Iva Tagi Blanch ("the bankrupts") each of whom became a bankrupt on 28 February 1983 by force of section 57 of the Bankruptcy Act 1966 ("the Act"). The application is for the annulment of the bankruptcies pursuant to section 154 of the Act. The ground of the application is that the material placed before the Court should satisfy it that the unsecured debts of the bankrupts, being debts that have been proved in the bankruptcies, have been paid in full (paragraph 154(1)(b)).

1. The evidence establishes that three creditors have lodged claims against the joint estate for amounts totalling $1741.56, three creditors have lodged claims against the separate estate of Peter Ronald Blanch for amounts totalling $3016.44 and four creditors have lodged claims against the separate estate of Iva Tagi Blanch for amounts totalling $3965.08. Those claims have been admitted to rank for dividend as ordinary claims.

2. On 1 July 1981 Peter Ronald Blanch, while driving a motor vehicle in the course of his employment, was involved in a collision with another vehicle. He commenced proceedings in the Supreme Court of the Australian Capital Territory for damages in respect of the injuries he received in that collision. The proceedings were settled on 9 August 1984, the settlement resulting in a substantial sum being paid to Mr Blanch. On 13 September 1984 he instructed his solicitor to pay to the trustee of the bankrupt estates sufficient moneys from the proceeds of the settlement of the action to pay all the creditors whose debts had been proved in his bankruptcy and that of Iva Tagi Blanch. An amount of $8723.08 was subsequently paid to the Official Trustee in Bankruptcy ("the trustee"). According to the trustee's report dated 16 October 1984 that sum is sufficient to pay to all unsecured creditors who…