Bankruptcy Act · 2009 Revised Edition · Part V · Voluntary Arrangements
45. Interim order of court
Feedback & supportLast amended by an amending law of 2005. 2 amendments in all.
Subject to subsection (2), any insolvent debtor who intends to make a proposal to his creditors for a composition in satisfaction of his debts or a scheme of arrangement of his affairs (referred to hereinafter as a voluntary arrangement) may apply to the court for an interim order under this Part.
debtor
“debtor” means the individual to whom a debt repayment scheme applies under this Part;
No partner in an insolvent firm shall apply to the court for an interim order in respect of the firm unless all or a majority of the partners in the firm join or intend to join in the making of the proposal for a voluntary arrangement.
firm
“firm” means an unincorporated body of individuals carrying on business in partnership with a view to profit;
An interim order shall have the effect that, during the period for which it is in force —
where the interim order is in respect of an individual debtor —
no bankruptcy application may be made or proceeded with against the debtor; and
no other proceedings, execution or other legal process may be commenced or continued against the person or property of the debtor without the leave of the court; and
where the interim order is in respect of a firm —
no bankruptcy application may be made or proceeded with against the firm or, except with the leave of the court, any partner therein; and
no other proceedings, execution or other legal process may be commenced or continued against the firm or its property or against the person or property of any partner in the firm, without the leave of the court.
An interim order shall cease to have effect 42 days after the making thereof unless the court otherwise directs.