Bankruptcy Act. Australia

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СКАЧАТЬ petition presented against the debtor is served on the debtor and before:

      (i) a sequestration order is made on the petition;

      (ii) the petition is withdrawn or dismissed; or

      (iii) the petition lapses under subsection 52(4);

      (c) after a debtor’s petition is presented against the debtor and before the petition is accepted or rejected;

      (d) while the debtor’s property is subject to control under Division 2 of Part X;

      (e) within 6 months after the debtor signs an authority under section 188; or

      (f) within 12 months after a declaration presented by the debtor under section 54A is accepted under section 54C.

      54C Acceptance or rejection of declaration

      (1) Subject to section 54D, where a debtor presents a declaration under section 54A, the Official Receiver shall:

      (a) if it appears to the Official Receiver that the debtor is entitled to present a declaration under section 54A and that the declaration presented is in accordance with the approved form:

      (i) accept the declaration and endorse it accordingly; and

      (ii) forthwith sign a copy of the declaration; or

      (b) in any other case — reject the declaration.

      (2) If the Official Receiver accepts the declaration, the Official Receiver must give written notice of the acceptance of the declaration to each of the creditors disclosed in the debtor’s statement of affairs.

      54D Official Receiver to give information to debtor

      (1) Before accepting a declaration presented by a debtor under section 54A, the Official Receiver must give the debtor the information prescribed by the regulations.

      (2) A contravention of subsection (1) does not affect the validity of the Official Receiver’s acceptance under section 54C of a declaration presented under section 54A.

      54E Enforcement suspended during stay period

      (1) Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to a creditor to whom the debtor owes a frozen debt, subsection (2) has effect throughout the remainder of that period.

      (2) It is not competent for the creditor:

      (a) to apply for the issue of enforcement process in respect of the debt; or

      (b) to enforce a remedy against the debtor’s person or property in respect of the debt.

      (3) Nothing in this section prevents a creditor from commencing a legal proceeding in respect of a debt, or from taking a fresh step in such a proceeding otherwise than in connection with enforcing a judgment.

      54F Duties of sheriff

      (1) Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to a sheriff, subsections (2) and (3) have effect throughout the remainder of that period.

      (2) The sheriff shall refrain from taking action, or further action, to execute, or to sell property under, enforcement process issued in respect of a frozen debt owed by the debtor.

      (3) The sheriff shall refrain from paying to a person proceeds of enforcement process issued in respect of a frozen debt owed by the debtor.

      (4) A contravention of this section does not affect a person’s title to property that was purchased in good faith under a sale under enforcement process issued in respect of a debt.

      (5) Where:

      (a) under this section, a sheriff refrains from taking action, or further action, to sell real property under enforcement process issued in respect of a debt;

      (b) the debtor becomes a bankrupt; and

      (c) the property vests in the trustee of the bankrupt’s estate;

      the costs of executing the enforcement process are a first charge on the property.

      54G Duty of court registrar

      Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to the registrar or other appropriate officer of a court, the registrar or other officer shall, throughout the remainder of that period, refrain from paying to a person proceeds of enforcement process issued in respect of a frozen debt owed by the debtor.

      54H Duties of person entitled to deduct money owing to declared debtor

      (1) Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to a person who is entitled under a law of the Commonwealth, of a State, or of a Territory of the Commonwealth:

      (a) to retain or deduct money from money payable or owing, or to become payable or owing, to the debtor; and

      (b) to apply the retained or deducted money toward discharging a frozen debt owed by the debtor to any person;

      subsections (2) and (3) apply.

      (2) The person shall, throughout the remainder of that period:

      (a) refrain from so retaining or deducting money; and

      (b) refrain from paying to a person (other than the debtor), or otherwise applying, money that was so retained or deducted before the signed copy was produced to the person.

      (3) Nothing in this section affects a person’s liability to pay money to the debtor.

      54J Extension of time where this Division prevents the doing of an act

      Where, throughout a particular period, this Division prevents the doing of a particular act, that period shall be disregarded in determining, for the purposes of any law, agreement or instrument, whether or not that act has been done within a particular period or before a particular time.

      54K Section 33 not to apply to this Division

      Nothing in section 33 permits the extension or abridgment of a period or time limited by this Division.

      54L Secured creditor’s rights under security not affected

      Nothing in this Division affects the right of a secured creditor to realise or otherwise deal with the creditor’s security.

      Division 3 Debtors’ petitions

      55 Debtor’s petition

      (1) Subject to this section, a debtor may present to the Official Receiver a petition against himself or herself.

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