Section 16 of Insolvency Act CAP 53: Proceedings on a bankruptcy application
(1) A bankruptcy application may not be withdrawn without the approval of the Court.
(2) The Court has a general power to dismiss a bankruptcy application or to stay proceedings on such an application on the ground that the Court is of the opinion that a requirement of this Part or the insolvency regulations has not been complied with in a material respect.
(3) If the Court stays proceedings on a bankruptcy application, it may do so on such terms as it considers appropriate.
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(1) One or more creditors of a debtor may make an application to the Court for a bankruptcy order to be made in respect of the debtor in relation to a debt or debts owed by the debtor to the creditor...
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- Section 21 - Creditor's execution process not to be issued or continued
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- Section 23 - Execution process issued by other court
(1) This section applies if an execution process has been issued by a court other than the High Court.
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- Section 24 - No restriction on execution process if bankruptcy application withdrawn or dismissed
The restrictions in sections 21 to 23 on issuing or continuing an execution process do not apply if an application is withdrawn or dismissed.
- Section 25 - When court may adjudge debtor bankrupt
(1) The Court may make a bankruptcy order in respect of the debtor if the creditor has complied with section 7.
(2) The Court may refuse to adjudge a debtor bankrupt if—
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- Section 26 - When the Court may stay application
The Court may, at any time, stay an application by a creditor for bankruptcy on such terms, and for such period, as the Court considers appropriate.
- Section 27 - Orders if more than one application
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- Section 28 - Orders if there is more than one order
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- Section 29 - Power of the Court to make order staying bankruptcy application, etc.
(1) This section applies if a debtor—
(a) has made a disposition of all, or substantially all, of the property of the debtor to a trustee for the benefit of the creditors of the debtor;
(b) has...
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(1) This section applies if a debtor appears in opposition to a creditor's application and the debtor claims that the debtor—
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- Section 31 - Court may allow one creditor to be substituted for another
In the case of a creditor's application, the Court may substitute another creditor for the creditor making the application if—
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(2) The Court may decline to deal...
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- Section 34 - Action on report of insolvency practitioner
(1) The insolvency practitioner appointed under section 33 shall—
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(b) within such period as the Court may specify, submit a report to the Court...
- Section 35 - Joint application can be made by two or more debtors
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- Section 37 - Additional orders after appointment of interim trustee
(1) After the appointment of an interim trustee under section 36, the Court may, on an application made under subsection (2), make additional orders under that section.
(2) An application for the...
- Section 38 - Notice of appointment of interim trustee to be published
(1) As soon as practicable after the appointment of an interim trustee, the trustee shall publish a notice of the appointment—
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(b) in such...
- Section 39 - Execution process not to be issued after notice of appointment of trustee is published
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- Section 40 - Effect of staying execution
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A bankruptcy under this Act commences on the date and at the time when a bankruptcy order is made in respect of the debtor.
- Section 42 - Date and time of bankruptcy order to be recorded
(1) On making a bankruptcy order, the Court shall record the date and time when the order was made.
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- Section 43 - Registrar of the Court to notify trustee of bankruptcy order
As soon as practicable after the Court has made a bankruptcy order in respect of a debtor, the Registrar of the Court shall forward a copy of the order to the Official Receiver.
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(1) As soon as practicable after receiving a copy of a bankruptcy order, the Official Receiver shall nominate a qualified person to be bankruptcy trustee in respect of the debtor's property.
(2) In...
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If a doubt arises as to whether an act was done, or a transaction entered into or made, before or after the time when a bankruptcy commenced, it is to be presumed, until the contrary is proved, that...
- Section 46 - Bankruptcy order to be binding on all persons
A bankruptcy order becomes binding on the bankrupt and all other persons—
(a) on the expiry of the time within which an appeal may be lodged against the order; or
(b) if an appeal is lodged in...
- Section 47 - Official Receiver to maintain public register of undischarged and discharged bankrupts
(1) The Official Receiver shall establish and maintain a public register of undischarged and discharged bankrupts.
(2) The Official Receiver shall maintain the register in accordance with Division 2...
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(1) When a bankruptcy order commences—
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(1) Within thirty days after receiving notice of a bankruptcy order, the Official Receiver shall serve on the bankrupt a notice—
(a) stating that a bankruptcy order has been made in respect of the...
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(1) A person who in writing claims to be a creditor of the bankrupt is entitled, at all reasonable times
(either personally or through an agent—
(a) to inspect the statement of the bankrupt's...
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(1) The Official Receiver may decide not to convene a first creditors' meeting if the Official Receiver—
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(1) The Official Receiver shall send the following documents with the notice of the first meeting of creditors—
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(b) extracts...
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(a) to attend meetings of the creditors;
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- Section 59 - Power to appoint bankruptcy trustee
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(a) except as provided by paragraph (b) or...
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(1) If a bankruptcy order is made when there is a supervisor of a summary instalment order approved in relation to the bankrupt under Division 2 of Part IV, the Court may, if it considers it...
- Section 63 - Powers of bankruptcy trustee
(1) A bankruptcy trustee may—
(a) with the approval of the creditor's committee, exercise of any of the powers specified in Part 1 of the First Schedule; and
(b) without that approval, exercise any...
- Section 64 - Bankruptcy trustee not to sell bankrupt's property before first creditors' meeting
(1) A bankruptcy trustee may sell property of the bankrupt before the first meeting of creditors only if
—
(a) it is perishable or is likely to rapidly diminish in value;
(b) in that trustee's...
- Section 65 - Title of purchaser from bankruptcy trustee
The title of a purchaser of the bankrupt's property from a bankruptcy trustee under a document that is made in the exercise of the bankruptcy trustee's power of sale in the First Schedule may not be...
- Section 66 - Bankruptcy trustee to bank money and power to invest surplus
(1) A bankruptcy trustee shall establish and maintain a bank account in respect of each bankrupt estate administered by that trustee and shall pay into the relevant account all money that that trustee...