Once a decision dismissing the bankruptcy has become final, what must the bankruptcy administrator do with estate claims, and when does payment give way to a deposit?
General information · Not legal advice
Material to check
In a practice file of this kind we read the certified copy of the decision dismissing the bankruptcy and the record showing when it became final, the schedule of estate claims, any objection a creditor has lodged against a claim, and the receipt for the deposit actually made with the deposit office.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties everything to the moment the dismissal decision becomes final: from then on the bankruptcy administrator must pay the estate claims, and where an objection exists as to a claim the administrator makes a deposit in place of payment, for the creditor's benefit.
Another reading stresses the scope of the provision's reach: it governs estate claims only, and the duty to deposit rather than pay turns on whether an objection exists, while the provision does not state how that objection must be raised, by whom, or within what time.
Your judgment
If an objection has been raised against only part of a claim, how could the file show which part the administrator paid and which part was deposited?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to fix a time limit for payment or to define how an objection must be lodged, or if a court decision clarifies what counts as an objection for the purposes of the deposit.