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Contents

Part 3 · Official Assignee, Official Receiver and Insolvency Practitioners

39. General functions, duties and powers of trustee in bankruptcy

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(1)

Subject to subsection (3) and section 42, a trustee in bankruptcy —

(a)

has all the functions and duties of the Official Assignee in relation to the conduct of the bankrupt in question and the administration of the bankrupt’s estate as provided in this Act; and

(b)

may exercise all or any of the powers of the Official Assignee in relation to the bankrupt and the bankrupt’s estate.

(2)

Unless the context otherwise requires, any reference in this Act to the Official Assignee includes a reference to a trustee in bankruptcy.

(3)

Sections 20, 25, 34(3) and (4), 334, 358, 379, 382, 384, 393, 395, 403 and 436 do not apply to a trustee in bankruptcy, and section 378(a), (c), (f), (h) and (i) does not apply to a trustee in bankruptcy except with the consent of the Court, the creditors’ committee or, if there is no creditors’ committee, the Official Assignee.

Report

Part 4

Corporate Insolvency, Restructuring and Dissolution — Preliminary

Part 5

Scheme of Arrangement

Part 5A

Simplified Restructuring of Debts

Part 6

Corporate Insolvency — Receivership

Part 7

Judicial Management

Part 8

Winding Up

Part 9

Provisions Applicable in Judicial Management and Winding Up

Part 10

Winding Up of Unregistered Companies and Liquidation or Dissolution of Foreign Companies

Part 10A

Simplified Winding Up

Part 11

Cross-Border Insolvency

Part 12

General Provisions Applicable to Parts 4 to 11

Part 13

Bankruptcy — Preliminary

Part 14

Voluntary Arrangements

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