In force2020 Revised Edition

Contents

Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 17 · Administration in Bankruptcy

370. Seizure of bankrupt’s property held by bankrupt or other person

(1)

At any time after a bankruptcy order has been made, the Official Assignee or any person authorised by the Official Assignee may take an inventory of and seize any property comprised in the bankrupt’s estate which is, or any books, papers or records relating to the bankrupt’s estate or affairs which are, in the possession or under the control of the bankrupt (including any which would be privileged from disclosure in any proceedings) or any other person who is required to deliver the property, books, papers or records to the Official Assignee.

(2)

The Official Assignee or any person authorised by the Official Assignee may, for the purposes of taking an inventory of or seizing any property comprised in the bankrupt’s estate or any books, papers or records relating to the bankrupt’s estate or affairs (including any which would be privileged from disclosure in any proceedings), break open any premises where the bankrupt or anything that may be seized under subsection (1) is or is believed to be and any receptacle of the bankrupt which contains or is believed to contain anything that may be so seized.

(3)

If, after a bankruptcy order has been made, the Court is satisfied that any property comprised in the bankrupt’s estate is, or any books, papers or records relating to the bankrupt’s estate or affairs (including any which would be privileged from disclosure in any proceedings) are, concealed in any premises not belonging to the bankrupt, the Court may issue a warrant authorising any public officer to search those premises for the property, books, papers or records.

(4)

A warrant under subsection (3) must be executed in accordance with the Rules and in accordance with its terms.