Commentary

285 Administration of insolvent estate in bankruptcy

BANKRUPTCY AND INSOLVENCY (INDIVIDUAL INSOLVENCY) vol 3(2)

285 Administration of insolvent estate in bankruptcy

285 Administration of insolvent estate in bankruptcy

If an estate is insolvent, the court may make an ‘insolvency administration order’ for the administration in bankruptcy of the insolvent estate of a deceased debtor1. The general effect of an insolvency administration order is that the deceased’s estate is administered in the same manner as is a bankrupt’s estate2. The administration is subject to the control of the bankruptcy court.

The form of an insolvency administration order is prescribed and this form should be followed3.

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