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Number 27 of 1988
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BANKRUPTCY ACT, 1988
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ARRANGEMENT OF SECTIONS
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PART I
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Preliminary and General
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Section
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1.
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Short title.
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2.
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Commencement.
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3.
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Interpretation.
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4.
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Application of Act to subsisting bankruptcies and arrangements.
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5.
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Expenses.
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6.
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Repeals.
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PART II
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Procedure in Bankruptcy
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7.
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Acts of bankruptcy.
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8.
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Bankruptcy summons.
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9.
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Arrest of absconding debtor.
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10.
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Petition.
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11.
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Presenting petition.
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12.
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Petitioning creditor's costs.
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13.
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Petition or act of bankruptcy agreed between bankrupt and creditor.
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14.
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Adjudication: creditor's petition.
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15.
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Adjudication: debtor's petition.
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16.
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Cause shown against adjudication.
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17.
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Notice of adjudication and statutory sitting.
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18.
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Creditors' assignee.
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19.
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Duties of bankrupt.
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20.
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Change of name or address, etc.
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21.
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Examination of bankrupt and other persons.
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22.
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Admission of debt due to bankrupt.
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23.
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Arrest of bankrupt, etc.
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24.
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Committal to prison.
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25.
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Examination of persons in custody.
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26.
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Release of bankrupt from prison.
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27.
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Warrant of seizure.
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28.
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Search warrant.
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29.
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Indemnity for persons acting under warrant.
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Partnership Cases
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30.
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Actions by Official Assignee and bankrupt's partners.
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31.
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Petition against one or more partners.
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32.
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Furnishing of partnership accounts to Official Assignee.
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33.
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Duty of bankrupt partner.
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34.
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Joint and separate properties.
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35.
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Actions on joint contracts.
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36.
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Proceedings in partnership name.
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37.
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Limited partnerships.
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Composition after Bankruptcy
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38.
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Stay on realisation of estate.
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39.
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Offer of composition.
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40.
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Payment of composition.
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41.
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Discharge of adjudication order.
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Bankrupt Dying after Adjudication
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42.
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Bankrupt dying after adjudication.
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Subsequent Bankruptcy
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43.
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Subsequent bankruptcy.
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PART III
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Administration of Property
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Effect of Adjudication on Bankrupt's Property
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44.
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Vesting of property in Official Assignee.
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45.
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Excepted articles.
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46.
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Certificate of vesting of property in Official Assignee.
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47.
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Vesting in Official Assignee of certain money and securities.
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48.
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Limitation of Official Assignee's powers in relation to copyright.
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49.
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Restrictive clause in agreement or lease.
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50.
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Execution against debtor's property before adjudication.
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51.
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Priority of judgment mortgage.
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52.
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Order to put purchaser in possession.
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53.
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Permission to mortgagee to bid at sale.
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54.
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Discharge of persons delivering property, etc., to Official Assignee.
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55.
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Title to property sold not to be invalidated.
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56.
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Disclaimer of onerous property.
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Fraudulent and Voluntary Conveyances
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57.
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Avoidance of fraudulent preferences.
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58.
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Avoidance of certain transactions.
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59.
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Avoidance of certain settlements.
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Management Provisions
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60.
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Office of the Official Assignee.
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61.
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Functions of Official Assignee in bankruptcy and vesting arrangements.
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62.
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Bankruptcy Inspector and assistants.
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63.
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Protection of Official Assignee.
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64.
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Power of Official Assignee to bar entail.
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65.
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Power of Official Assignee to appropriate part of bankrupt's income.
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66.
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Delivery of property to Official Assignee.
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67.
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Right of Official Assignee to transfer stocks or shares.
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68.
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Right of Official Assignee to inspect goods pawned or pledged.
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69.
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Receipt of property of bankrupt.
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70.
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Claim to property in possession of bankrupt.
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71.
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Allowances to bankrupt.
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72.
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Redirection of letters, etc., addressed to bankrupt.
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73.
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Appointment of receivers and managers.
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74.
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Joint and separate dividends.
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75.
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Debts provable in bankruptcy and arrangements.
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76.
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Proof of debts.
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77.
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Bankruptcy of mercantile agent.
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78.
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Proof for costs of judgment.
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79.
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Disallowance of debts already proved.
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Distribution of Estate
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80.
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Priority of expenses, etc.
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81.
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Preferential payments.
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82.
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Distribution of estate.
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83.
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Accounts and audit.
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84.
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Official Assignee—Unclaimed Dividend Account.
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85.
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Discharge and annulment.
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86.
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Surplus.
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PART IV
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Arrangements under Control of Court
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87.
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Petition for protection.
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88.
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Restriction on dealing with property.
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89.
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Effect of protection on execution orders.
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90.
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Procedure on grant of protection.
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91.
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Filing of statements.
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92.
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Acceptance of proposal.
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93.
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Vesting in Official Assignee.
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94.
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Distribution of property in vesting arrangement.
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95.
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Special private sitting.
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96.
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Carrying proposal into effect.
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97.
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Lodgment with Official Assignee.
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98.
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Certificate of arranging debtor.
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99.
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Publication in relation to arrangements.
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100.
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Taking possession of property by Official Assignee.
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101.
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Discharge of protection order.
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102.
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Surplus.
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103.
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Goods obtained on credit.
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104.
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Private sitting for enquiry.
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105.
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Adjudication of arranging debtor.
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106.
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Partners obtaining protection of the Court.
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107.
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Summoning witnesses.
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108.
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Registration of arrangements.
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109.
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Exclusion of Deeds of Arrangement Act, 1887.
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PART V
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Winding up by Trustee
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110.
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Order for winding up.
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111.
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Vesting in trustee.
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112.
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Powers of trustee, etc.
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113.
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Order of discharge.
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114.
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Powers of Court.
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PART VI
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Estates of Persons Dying Insolvent
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115.
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Petition to administer in bankruptcy estate of person dying insolvent.
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116.
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Effect on personal representative of service of notice of petition.
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117.
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Order for administration under Part VI.
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118.
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Vesting and distribution.
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119.
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Priority of funeral and testamentary expenses.
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120.
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Application of Act.
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121.
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Surplus.
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122.
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Right of retainer restricted.
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PART VII
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Offences
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123.
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Punishment of fraudulent debtors.
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124.
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Absconding debtor.
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125.
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Corrupt agreement with creditors.
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126.
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False claim.
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127.
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Non-disclosure of after-acquired property.
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128.
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Obstructing officers.
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129.
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Obtaining credit or trading under other name.
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130.
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Inserting advertisement without authority.
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131.
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Criminal liability after annulment.
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132.
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Punishment of offences.
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PART VIII
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Miscellaneous
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133.
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Limitation of actions.
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134.
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Proceedings in private.
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135.
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Power of Court to review its orders.
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136.
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Effect of adjudication on creditors' remedies.
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137.
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Power to stay or restrain proceedings against bankrupt.
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138.
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Winding up of partnerships and deceased persons' estates.
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139.
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Prohibition on distress after adjudication or protection.
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140.
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Evidence of deceased person.
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141.
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Notice in Iris Oifigiúil or newspaper.
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142.
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Acting in aid of other courts.
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143.
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Alteration of monetary limits.
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144.
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Laying of orders before Houses of Oireachtas.
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FIRST SCHEDULE
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Proof of Debts
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SECOND SCHEDULE
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Repeals
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Acts Referred to
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Arbitration Act, 1954
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1954, No. 26
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Auctioneers and House Agents Act, 1967
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1967, No. 9
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Bankruptcy (Ireland) Amendment Act, 1872
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1872, c. 58
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Central Bank Act, 1971
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1971, No. 24
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Civil Liability Act, 1961
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1961, No. 41
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Civil Liability (Amendment) Act, 1964
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1964, No. 17
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Courts (Supplemental Provisions) Act, 1961
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1961, No. 39
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Criminal Procedure Act, 1967
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1967, No. 12
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Deeds of Arrangement Act, 1887
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1887, c. 57
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Enforcement of Court Orders Act, 1940
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1940, No. 23
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Factors Act, 1889
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1889, c. 45
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Fines and Recoveries (Ireland) Act, 1834
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1834, c. 92
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Friendly Societies Act, 1896
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1896, c. 25
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Irish Bankrupt and Insolvent Act, 1857
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1857, c. 60
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Judgment Mortgage (Ireland) Act, 1850
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1850, c. 29
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Moneylenders Act, 1933
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1933, No. 36
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Partnership Act, 1890
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1890, c. 39
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Preferential Payments in Bankruptcy (Ireland) Act, 1889
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1889, c. 60
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Statute of Limitations, 1957
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1957, No. 6
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Supreme Court of Judicature (Ireland) (No. 2) Act, 1897
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1897, c. 66
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Trustee Savings Banks Act, 1863
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1863, c. 87
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Marginal Abbreviations
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1857—Irish Bankrupt and Insolvent Act, 1857
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1872, c. 57— Debtors Act (Ireland), 1872
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1872—Bankruptcy (Ireland) Amendment Act, 1872
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1887, c. 57— Deeds of Arrangement Act, 1887
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1888, c. 44—Local Bankruptcy (Ireland) Act, 1888
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1889—Preferential Payments in Bankruptcy (Ireland) Act, 1889
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1890, c. 24—Deeds of Arrangement Amendment Act, 1890
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33/1963— Companies Act, 1963
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16/1964— Registration of Title Act, 1964
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27/1965— Succession Act, 1965
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36/1971— Courts Act, 1971
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RSC—The Rules of the Superior Courts, 1962
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LCR—Local Court Rules, 1888
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Number 27 of 1988
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BANKRUPTCY ACT, 1988
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AN ACT TO CONSOLIDATE WITH AMENDMENTS THE LAW RELATING TO BANKRUPTCY AND TO PROVIDE FOR RELATED MATTERS. [13th July, 1988]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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PART I
Preliminary and General
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Short title.
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1.—This Act may be cited as the Bankruptcy Act, 1988.
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Commencement.
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2.—This Act shall come into operation on such day not later than 1 January, 1989 as the Minister by order appoints.
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Interpretation.
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3.—In...
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