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Part 14 · Voluntary Arrangements

276. Interim order of Court

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Amended

Last amended by an amending law of 2021.

(1)

Subject to subsection (2), any insolvent debtor who intends to make a proposal to the insolvent debtor’s creditors for a composition in satisfaction of the insolvent debtor’s debts or a scheme of arrangement of the insolvent debtor’s affairs (called in this Part a voluntary arrangement) may apply to the Court for an interim order under this Part.

(2)

No partner in an insolvent firm may 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.

(3)

During the period for which an interim order is in force —

(a)

where the interim order is in respect of an individual debtor —

(i)

no bankruptcy application may be made or proceeded with against the debtor; and

(ii)

no other proceedings, enforcement order or other legal process may be issued, continued or executed against the person or property of the debtor without the permission of the Court; and

(b)

where the interim order is in respect of a firm —

(i)

no bankruptcy application may be made or proceeded with against the firm or, except with the permission of the Court, any partner in the firm; and

(ii)

no other proceedings, enforcement order or other legal process may be issued, continued or executed against the firm or its property or against the person or property of any partner in the firm, without the permission of the Court.

(4)

An interim order ceases to have effect 42 days after the making of that interim order unless the Court otherwise directs.

Report

Part 15

Debt Repayment Scheme

Part 16

Proceedings in Bankruptcy

Part 17

Administration in Bankruptcy

Part 18

Annulment and Discharge

Part 19

Duties, Disqualification and Disabilities of Bankrupt

Part 20

Bankruptcy Offences

Part 21

Bankruptcy Miscellaneous Provisions

Part 22

Provisions Against Debt Avoidance and Limitation on Certain Contractual Rights

Part 23

Miscellaneous and General Provisions

Part 24

Consequential and Related Amendments to Other Acts

Part 25

Saving and Transitional Provisions

Schedules