Bankruptcy Act. Australia

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СКАЧАТЬ the date of the bankruptcy, being property divisible amongst the creditors of the bankrupt, as has not been distributed amongst the creditors in the bankruptcy.

      59A Orders under Part VIII or VIIIAB of the Family Law Act 1975

      Sections 58 and 59 have effect subject to an order under Part VIII or VIIIAB of the Family Law Act 1975.

      60 Stay of legal proceedings

      (1) The Court may, at any time after the presentation of a petition, upon such terms and conditions as it thinks fit:

      (a) discharge an order made, whether before or after the commencement of this subsection, against the person or property of the debtor under any law relating to the imprisonment of fraudulent debtors and, in a case where the debtor is imprisoned or otherwise held in custody under such a law, discharge the debtor out of custody; or

      (b) stay any legal process, whether civil or criminal and whether instituted before or after the commencement of this subsection, against the person or property of the debtor:

      (i) in respect of the non-payment of a provable debt or of a pecuniary penalty payable in consequence of the non-payment of a provable debt; or

      (ii) in consequence of his or her refusal or failure to comply with an order of a court, whether made in civil or criminal proceedings, for the payment of a provable debt;

      and, in a case where the debtor is imprisoned or otherwise held in custody in consequence of the non-payment of a provable debt or of a pecuniary penalty referred to in subparagraph (i) or in consequence of his or her refusal or failure to comply with an order referred to in subparagraph (ii), discharge the debtor out of custody.

      (2) An action commenced by a person who subsequently becomes a bankrupt is, upon his or her becoming a bankrupt, stayed until the trustee makes election, in writing, to prosecute or discontinue the action.

      (3) If the trustee does not make such an election within 28 days after notice of the action is served upon him or her by a defendant or other party to the action, he or she shall be deemed to have abandoned the action.

      (4) Notwithstanding anything contained in this section, a bankrupt may continue, in his or her own name, an action commenced by him or her before he or she became a bankrupt in respect of:

      (a) any personal injury or wrong done to the bankrupt, his or her spouse or de facto partner or a member of his or her family; or

      (b) the death of his or her spouse or de facto partner or of a member of his or her family.

      Note: See also subsection 5(6).

      (4A) Notwithstanding paragraph (1) (b), this section does not empower the Court to stay any proceedings under a proceeds of crime law.

      (5) In this section, action means any civil proceeding, whether at law or in equity.

      61 Actions by bankrupt partner’s trustee

      (1) Where a member of a partnership becomes a bankrupt, the Court may, upon the application of the trustee, authorize the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt’s partner or partners.

      (2) Notice of the application for authority to commence the action shall be given to the bankrupt’s partner or partners, who, or any of whom, may show cause against it.

      (3) Upon application by such a partner, the Court may, if it thinks fit, direct that that partner shall receive the share of the proceeds of the action to which he or she is entitled as a partner.

      (4) If a partner does not claim any benefit from the action, the Court may order that he or she be indemnified against costs in respect of the action.

      (5) Unless the Court otherwise orders, a release by a partner of the debt or demand to which the action relates made after notice has been given to him or her under this section is void as against the trustee.

      (6) This section applies to and in relation to joint debtors who are not partners as if they were partners.

      62 Actions on joint contracts

      Where a bankrupt is a contractor in respect of a contract jointly with another person or other persons, that person or those persons may sue or be sued in respect of the contract without the joinder of the bankrupt.

      63 Death of bankrupt

      Where a bankrupt dies before he or she is discharged from the bankruptcy, the proceedings in bankruptcy shall, unless the Court otherwise directs, be continued, so far as they are capable of being continued, as if he or she were alive.

      Division 5 Meetings of creditors

      Subdivision A

      Preliminary

      63A Definitions [see Table B]

      (1) In this Division, unless the contrary intention appears:

      bankrupt, in relation to a meeting of the creditors of 2 or more bankrupts, means each bankrupt.

      creditors and their representatives, in relation to a meeting, means:

      (a) the creditors who are entitled to vote at the meeting and are participating in person or by telephone in the meeting; and

      (b) the persons participating in person or by telephone in the meeting as proxies or attorneys of any other creditors who are entitled to vote at the meeting.

      joint bankruptcy means:

      (a) a bankruptcy that occurs as the result of a sequestration order made under section 52, being an order made on a petition presented under section 46; or

      (b) a bankruptcy that occurs by force of section 56E or 57; or

      (c) bankruptcies in respect of which an order under section 53 has been made; or

      (d) bankruptcies that occur under section 55 where:

      (i) the date of each bankruptcy is the same; and

      (ii) immediately before the bankruptcies occurred, the bankrupts were joint debtors or partners who owned property jointly.

      meeting means a meeting of the creditors of a bankrupt or a meeting of the creditors of any one or more of the bankrupts who were made bankrupt in a joint bankruptcy.

      minutes secretary, in relation to a meeting, means a person appointed under section 64L to record the minutes of the meeting.

      President, in relation to a meeting, means the person elected under section 64P to preside at the meeting.

      working day, in relation to a proposed meeting, means a day other than a Saturday, a Sunday or a public holiday in the place where the meeting is proposed to be held.

      (2) A reference in this Division to a person participating in person in a meeting is a reference to a person being physically present at the meeting.

      63B СКАЧАТЬ