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VIC Can Assignee Enforce Bankruptcy Notice?

Discussion in 'Debt and Bankruptcy Law Forum' started by Flyboat, 17 August 2016.

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  1. Flyboat

    Flyboat Active Member

    22 November 2015
    Likes Received:
    I have a debt registered in a Magistrates Court in Victoria to a person A (it is just over $5k). Person A has "assigned" the debt to person B & this person then has managed to get a Bankruptcy Notice issued (by Australian Financial Security Authority) in their name - the Business Name is in the name of person B.

    I am trying to get this Bankruptcy Notice set aside in Federal Circuit Court.

    Any tips or ideas much appreciated.

    (Person B has no enforcement options via Magistrates Court as they are not registered as the person who money is owed to).
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
    Likes Received:
    An assignee of a debt is entitled to issue a Bankruptcy Notice under the relevant legislation, however they may be required to obtain the leave of the court and to file with the court evidence of the assignment.

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