RE Nguyen, Van Quyen (A Debtor) [1997] FCA 71

IN THE FEDERAL COURT OF AUSTRALIA No QB 1235 of 1996

GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND RE: VAN QUYEN NGUYEN (A DEBTOR) MINUTES OF ORDERS CORAM: Drummond J DATE OF ORDER: 10 February 1997 WHERE MADE: Brisbane THE COURT ORDERS THAT:

1. The application is dismissed.

NOTE: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA No QB 1235 of 1996 GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF QUEENSLAND RE: VAN QUYEN NGUYEN (A DEBTOR) CORAM: Drummond J DATE: 10 February 1997 PLACE: Brisbane

REASONS FOR JUDGMENT

This is an application by the bankrupt for an abridgment of the time within which the bankrupt will be discharged from bankruptcy. The bankrupt became bankrupt on his own petition on 18 April 1996. His statement of affairs accompanying his petition was filed that same day. It shows that he had few assets and unsecured creditors totalling approximately $32,000. It showed that his income in the preceding 12 months was $6,370 from a Social Security pension.

The Official Trustee has filed a report in which he sets out the result of his administration of the estate, confirming in effect the information contained in the statement of affairs. It is an estate in which no debts have been proved. It is an estate in which there is, for practical purposes, probably nothing of realisable value. The only property of the bankrupt which the trustee considered it worthwhile selling was a second hand motor car which brought in a very small amount of money indeed.

The Official Trustee, in his report, says that Mr Nguyen, by letter dated 13 December, sought the abridgment of time now claimed. The Official Trustee, not having any authority to grant the abridgment, treated it as an application for early discharge under s 149S(1) the Bankruptcy Act 1966 (Cth).