Section 29 of Insolvency Act CAP 53: 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 made a proposal under Division I of Part IV; or
(c) has applied for a summary instalment order under that Division.
(2) The debtor, the bankruptcy trustee or any creditor may apply for an order under this section.
(3) On the hearing of an application under this section, the Court may make any of the following orders
—
(a) an order staying the bankruptcy application;
(b) an order staying any other bankruptcy application;
(c) an order as to costs;
(d) if it orders costs to be paid to the creditor who applied for the bankruptcy application—an order that the costs be paid out of the assets of the debtor.
(4) This section does not limit the powers of the Court under section 39.
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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...
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(b) in such...
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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
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- Section 44 - Official Receiver to nominate bankruptcy trustee
(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...
- Section 45 - Presumption that act was done, or transaction was entered into or made, after bankruptcy
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- Section 46 - Bankruptcy order to be binding on all persons
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(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...
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- Section 51 - Creditors entitled to inspect and take copies of statement of bankrupt's financial position
(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—
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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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- Section 54 - Documents to be sent with notice of meeting
(1) The Official Receiver shall send the following documents with the notice of the first meeting of creditors—
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- Section 57 - Effect of bankrupt's death after bankruptcy order
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(a) except as provided by paragraph (b) or...
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(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...
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- Section 71 - Application to the Court to reverse or modify bankruptcy trustee's decision
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- Section 74 - Audit of bankruptcy trustee's accounts
(1) If, in relation to a bankruptcy, the Official Receiver is not the bankruptcy trustee, the Official
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- Section 75 - Removal of bankruptcy trustee and vacation of office
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(a) an order of the Court; or
(b) a creditor's...
- Section 76 - When Official Receiver is released from obligations as bankruptcy trustee
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- Section 77 - When bankruptcy trustee, not being the Official Receiver, is released from obligation
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- Section 78 - Vacancy in office of bankruptcy trustee
(1) This section applies to a vacancy in the office of bankruptcy trustee that has arisen because—
(a) the appointment of a person as bankruptcy trustee has failed to take effect; or
(b) when such...
- Section 79 - General control of bankrupt trustee by the Court
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