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ABL Nominees Pty Ltd v Trinick (Trustee) [2016] FCA 996

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BANKRUPTCY AND INSOLVENCY - application by creditor to set aside or terminate a personal insolvency agreement - whether applicants are creditors with standing to bring application - where applicants have not lodged proof of debts - where applicants are assignees of debts - Bankruptcy Act 1966 (Cth), ss 222, 222C BANKRUPTCY AND INSOLVENCY - whether certain creditors should have been admitted to vote on personal insolvency agreement special resolution - where applicants were only admitted to vote collectively for value of $1 - where applicants voted against personal insolvency agreement - whether applicants should have been admitted to vote for the full face value of their debts - consideration of entitlement to vote on assigned debts - whether assignee must prove the value of consideration given for assigned debt - Bankruptcy Act 1966 (Cth), ss 64D, 64ZA, 64ZB BANKRUPTCY AND INSOLVENCY - whether there is a reason personal insolvency agreement should be set aside - whether trustee adequately investigated debtor's affairs and provided proper advice to creditors - whether trustee acted impartially - where potential undervalued transactions and transfers to defeat creditors - Bankruptcy Act 1966 (Cth), ss 222, 222C BANKRUPTCY AND INSOLVENCY - whether personal insolvency agreement complied with requirements of Part X - whether special resolution specified provisions to be included in personal insolvency agreement - whether there are material differences between proposed personal insolvency agreement and executed personal insolvency agreement - Bankruptcy Act 1966 (Cth), s 188A

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