Notice to creditors of annulment application (Form B11)

An application to annul a bankruptcy under section 153B of the Bankruptcy Act 1966, or to annul the administration of a deceased person's estate under section 252B, is made by application in Form B2 setting out the grounds (rr 2.01, 7.01, 7.02). Rule 7.03 of the Federal Court (Bankruptcy) Rules 2016 then requires the applicant to give notice of the application to each person known to the applicant to be a creditor of the bankrupt or of the deceased estate, in accordance with Form B11, and to serve it on each creditor at least 7 days before the hearing date. The application itself must also be served on the trustee at least 7 days before the hearing (r 7.02(2)).

When you need it

• You (or the person administering a deceased debtor's estate) have applied to the Federal Court to annul a bankruptcy under s 153B of the Bankruptcy Act.
• You have applied to annul the administration of a deceased person's estate under s 252B.
• You need to notify every creditor you know of before the hearing, as rule 7.03 requires.

1. 1

   Complete the heading

   Insert the file number of the annulment application, the District Registry, and the name of the debtor or bankrupt estate after 'In the matter of'. The Division is General. Insert the applicant and respondent names as they appear on the application.

2. 2

   Give notice of the application

   Insert your name and delete 'applicant' or 'applicant's lawyer' as appropriate, then name the debtor, or the person administering the estate of the deceased debtor, who will be applying for the annulment.

3. 3

   Leave the hearing paragraph for the Registry

   The hearing time, date and place come from the Notice of Filing and Hearing, which the Court adds as a coversheet when this notice is accepted for filing.

4. 4

   Keep the appearance paragraph

   It tells creditors that to attend or take steps they must file and serve a notice of appearance (Form B4) at least 3 days before the hearing date.

5. 5

   Date and sign

   Insert the date, name and capacity (applicant or lawyer for the applicant), and delete anything marked * that does not apply.

• File the notice so the Court can attach the Notice of Filing and Hearing, then serve it on each person known to you to be a creditor at least 7 days before the hearing date (r 7.03(3)). eLodgment is the Court's electronic filing system.
• Serve the annulment application on the trustee at least 7 days before the hearing (r 7.02(2)).
• A creditor who wants to appear must file a notice of appearance in Form B4 (r 2.04). A person opposing the application must, at least 3 days before the hearing, also file a Form B5 notice of grounds of opposition and a supporting affidavit and serve them on the applicant (r 2.06).
• If the bankruptcy is annulled, the applicant must give a copy of the entered order to the trustee and the Official Receiver within 2 days after entry (r 7.04).

• Use the trustee's records and the statement of affairs to identify creditors. The obligation is to notify every creditor known to you.
• Keep evidence of service on each creditor. The Court will want to see the 7-day requirement was met.
• Count back from the hearing date on the Notice of Filing and Hearing, not from the date you filed.