Notice to creditors (Form B13)

Parts 9 and 10 of the Federal Court (Bankruptcy) Rules 2016 deal with applications to terminate or void a debt agreement (ss 185Q, 185T of the Bankruptcy Act 1966) and to set aside or terminate a personal insolvency agreement, composition or scheme of arrangement (ss 222, 222C, and s 76B). In each case the applicant must serve a written notice of the hearing, in accordance with Form B13, at least 5 days before the hearing date. For a debt agreement, it goes to each person known to the applicant to be a creditor of the debtor (r 9.04). For a personal insolvency agreement, it goes to each creditor named in the debtor's statement of affairs (r 10.04).

When you need it

• You have applied to terminate a debt agreement, or to have all or part of one declared void (Part 9).
• You have applied to set aside or terminate a personal insolvency agreement, or a composition or scheme of arrangement (Part 10).
• You also seek a sequestration order with that application, and need to tell creditors about the hearing.

1. 1

   Complete the heading

   Insert the file number, District Registry, the 'In the matter of' line naming the debtor or bankrupt estate, and the parties. The Division is General.

2. 2

   Describe the application

   State the nature of the application (for example, termination of a debt agreement, including any application for a sequestration order), the applicant's name, its capacity (creditor, debtor or trustee) and the section of the Bankruptcy Act relied on.

3. 3

   Leave the hearing details for the Registry

   The Court adds the Notice of Filing and Hearing as a coversheet when the notice is accepted for filing.

4. 4

   Keep the appearance and copies paragraphs

   Creditors are told to file and serve a notice of appearance (Form B4) at least 3 days before the hearing, and that copies of the application and affidavits are available from the applicant at the address stated.

5. 5

   Date and sign

   Insert the date, the signer's name and capacity, and delete options marked * that do not apply.

• File the notice so the Notice of Filing and Hearing is attached, then serve it at least 5 days before the hearing date (rr 9.04, 10.04).
• Debt agreements: serve each person known to you to be a creditor of the debtor. Personal insolvency agreements: serve each creditor named in the debtor's statement of affairs.
• The application and supporting affidavit must also be served at least 5 days before the hearing: for Part 9 on the debtor and (unless the applicant is the Official Trustee) the Official Receiver (r 9.03); for Part 10, unless the Court orders otherwise, on the debtor, the trustee and the Official Receiver (r 10.03).
• A filing fee may apply to the application - check the Court's current fee schedule.

• Attach a copy of the debt agreement to the supporting affidavit in a Part 9 application (r 9.02(3)).
• If you also seek a sequestration order, say so in the application (rr 9.02(4), 10.02(4)) and in the description of the application in this notice.
• Make sure the address in the notice is one where creditors can actually get copies of the papers.