Bankruptcy Act 1883

Publication Date:January 01, 1883
 
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Bankruptcy Act, 1883

(46 & 47 Vict.) CHAPTER 52.

An Act to amend and consolidate the Law of Bankruptcy.

[25th August 1883]

B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

Preliminary

S-1 Short title.

1 Short title.

1. This Act may be cited as theBankruptcy Act, 1883.

S-2 Extent of Act.

2 Extent of Act.

2. This Act shall not, except so far as is expressly provided, extend to Scotland or Ireland.

S-3 Commencement of Act.

3 Commencement of Act.

3. This Act shall, except as by this Act otherwise provided, commence and come into operation from and immediately after the thirty-first day of December one thousand eight hundred and eighty-three.

I Proceedings from Act of Bankruptcy to Discharge.

Part I.

Proceedings from Act of Bankruptcy to Discharge.

Acts of Bankruptcy.

Acts of Bankruptcy

S-4 Acts of Bankruptcy.

4 Acts of Bankruptcy.

(1)4 (1.) A debtor commits an act of bankruptcy in each of the following cases:—

(a. ) If in England or elsewhere he makes a conveyance or assignment of his property to a trustee or trustees for the benefit of his creditors generally:

(b. ) If in England or elsewhere he makes a fraudulent conveyance, gift, delivery, or transfer of his property, or of any part thereof:

(c. ) If in England or elsewhere he makes any conveyance or transfer of his property or any part thereof, or creates any charge thereon which would under this or any other Act be void as a fraudulent preference if he were adjudged bankrupt:

(d. ) If with intent to defeat or delay his creditors he does any of the following things, namely, departs out of England, or being out of England remains out of England, or departs from his dwelling-house, or otherwise absents himself, or begins to keep house:

(e. ) If execution issued against him has been levied by seizure and sale of his goods under process in an action in any court, or in any civil proceeding in the High Court:

(f. ) If he files in the Court a declaration of his inability to pay his debts or presents a bankruptcy petition against himself:

(g. ) If a creditor has obtained a final judgment against him for any amount, and execution thereon not having been stayed, has served on him in England, or, by leave of the Court, elsewhere, a bankruptcy notice under this Act, requiring him to pay the judgment debt in accordance with the terms of the judgment, or to secure or compound for it to the satisfaction of the creditor or the Court, and he does not, within seven days after service of the notice, in case the service is effected in England, and in case the service is effected elsewhere, then within the time limited in that behalf by the order giving leave to effect the service, either comply with the requirements of the notice, or satisfy the Court that he has a counter-claim set off or cross demand which equals or exceeds the amount of the judgment debt, and which he could not set up in the action in which the judgment was obtained:

(h. ) If the debtor gives notice to any of his creditors that he has suspended, or that he is about to suspend, payment of his debts.

(2) (2.) A bankruptcy notice under this Act shall be in the prescribed form, and shall state the consequences of non-compliance therewith and shall be served in the prescribed manner.

Receiving Order.

Receiving Order.

S-5 Jurisdiction to make receiving order.

5 Jurisdiction to make receiving order.

5. Subject to the conditions herein-after specified, if a debtor commits an act of bankruptcy the Court may, on a bankruptcy petition being presented either by a creditor or by the debtor, make an order, in this Act called a receiving order, for the protection of the estate.

S-6 Conditions on which creditor may petition.

6 Conditions on which creditor may petition.

(1)6. (1.) A creditor shall not be entitled to present a bankruptcy petition against a debtor unless—

(a. ) The debt owing by the debtor to the petitioning creditor, or, if two or more creditors join in the petition, the aggregate amount of debts owing to the several petitioning creditors, amounts to fifty pounds, and

(b. ) The debt is a liquidated sum, payable either immediately or at some certain future time, and

(c. ) The act of bankruptcy on which the petition is grounded has occurred within three months before the presentation of the petition, and

(d. ) The debtor is domiciled in England, or, within a year before the date of the presentation of the petition, has ordinarily resided or had a dwelling-house or place of business in England.

(2) (2.) If the petitioning creditor is a secured creditor, he must, in his petition, either state that he is willing to give up his security for the benefit of the creditors in the event of the debtor being adjudged bankrupt, or give an estimate of the value of his security. In the latter case, he may be admitted as a petitioning creditor to the extent of the balance of the debt due to him, after deducting the value so estimated in the same manner as if he were an unsecured creditor.

S-7 Proceedings and order on creditor's petition.

7 Proceedings and order on creditor's petition.

(1)7. (1.) A creditor's petition shall be verified by affidavit of the creditor, or of some person on his behalf, having knowledge of the facts, and served in the prescribed manner.

(2) (2.) At the hearing the Court shall require proof of the debt of the petitioning creditor of the service of the petition, and of the act of bankruptcy or, if more than one act of bankruptcy is alleged in the petition, of some one of the alleged acts of bankruptcy, and, if satisfied with the proof, may make a receiving order in pursuance of the petition.

(3) (3.) If the Court is not satisfied with the proof of the petitioning creditor's debt, or of the act of bankruptcy, or of the service of the petition, or is satisfied by the debtor that he is able to pay his debts, or that for other sufficient cause no order ought to be made, the Court may dismiss the petition.

(4) (4.) When the act of bankruptcy relied on is non-compliance with a bankruptcy notice to pay, secure, or compound for a judgment debt, the Court may, if it thinks fit, stay or dismiss the petition on the ground that an appeal is pending from the judgment.

(5) (5.) Where the debtor appears on the petition, and denies that he is indebted to the petitioner, or that he is indebted to such an amount as would justify the petitioner in presenting a petition against him, the Court, on such security (if any) being given as the Court may require for payment to the petitioner of any debt which may be established against him in due course of law, and of the costs of establishing the debt, may instead of dismissing the petition stay all proceedings on the petition for such time as may be required for trial of the question relating to the debt.

(6) (6.) Where proceedings are stayed, the Court may, if by reason of the delay caused by the stay of proceedings or for any other cause it thinks just, make a receiving order on the petition of some other creditor, and shall thereupon dismiss, on such terms as it thinks just, the petition in which proceedings have been stayed as aforesaid.

(7) (7.) A creditor's petition shall not, after presentment, be withdrawn without the leave of the Court.

S-8 Debtor's petition and order thereon.

8 Debtor's petition and order thereon.

(1)8. (1.) A debtor's petition shall allege that the debtor is unable to pay his debts, and the presentation thereof shall be deemed an act of bankruptcy without the previous filing by the debtor of any declaration of inability to pay his debts, and the Court shall thereupon make a receiving order.

(2) (2.) A debtor's petition shall not, after presentment, be withdrawn without the leave of the Court.

S-9 Effect of receiving order.

9 Effect of receiving order.

(1)9. (1.) On the making of a receiving order an official receiver shall be thereby constituted receiver of the property of the debtor, and thereafter, except as directed by this Act, no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings unless with the leave of the Court and on such terms as the Court may impose.

(2) (2.) But this section shall not affect the power of any secured creditor to realize or otherwise deal with his security in the same manner as he would have been entitled to realize or deal with it if this section had not been passed.

S-10 Discretionary powers as to appointment of receiver and stay of proceedings.

10 Discretionary powers as to appointment of receiver and stay of proceedings.

(1)10. (1.) The Court may, if it is shown to be necessary for the protection of the estate, at any time after the presentation of a bankruptcy petition, and before a receiving order is made, appoint the official receiver to be interim receiver of the property of the debtor, or of any part thereof, and direct him to take immediate possession thereof or of any part thereof.

(2) (2.) The Court may at any time after the presentation of a bankruptcy petition stay any action, execution, or other legal process against the property or person of the debtor, and any Court in which proceedings are pending against a debtor may, on proof that a bankruptcy petition has been presented by or against the debtor, either stay the proceedings or allow them to continue on such terms as it may think just.

S-11 Service of order staying proceedings.

11 Service of order staying proceedings.

11. Where the Court makes an order staying any action or proceeding or staying...

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