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| 1 |
Short
Title and commencement |
| 2 |
Interpretation |
| 3 |
Rights
and powers under other Acts not affected |
| 4 |
Act
to bind Crown |
| Part
1 |
The
Court in bankruptcy |
| 5 |
Jurisdiction
and powers of Court |
| 6 |
Powers
of Registrars and District Court Judges |
| 7 |
Questions
of fact may be tried before jury |
| 8 |
Rehearings
and appeals |
| 9 |
Effect
of appeal |
| 10 |
Court
may extend time |
| 11 |
Proceedings
not annulled by defects |
| 12 |
Solicitors'
costs |
| 13 |
Power
to make rules |
| 14 |
Regulations |
| Part
2 |
The
Official Assignee |
| [15 |
Appointment
of Official Assignee for New Zealand, etc |
| 16 |
Assignee
may act on behalf of another Assignee |
| 17 |
Office
and name of Assignee |
| 18 |
Vacation
of office |
| Part
3 |
Proceedings
up to adjudication |
| 19 |
Acts
of bankruptcy |
| 20 |
Bankruptcy
notice |
| 21 |
Petition
by debtor |
| 22 |
Debtors'
joint petition |
| 23 |
Petition
by creditor |
| 24 |
Restrictions
on execution |
| 25 |
Where
petitioner is a secured creditor |
| 26 |
Court's
power on creditor's petition |
| 27 |
Court
may appoint Assignee as receiver |
| [28 |
Date
of adjudication |
| [28A |
Date
of adjudication to be recorded |
| [29 |
Registrar
to give notice of adjudication to Assignee |
| 30 |
Order
of adjudication to be final |
| Part
4 |
Proceedings
consequent on adjudication |
| 31 |
Assignee
to advertise adjudication |
| 32 |
Effect
of adjudication on Court proceedings |
| 33 |
Assignee
to send notice to bankrupt |
| Meetings
of creditors |
| 34 |
First
meeting of creditors |
| [34A |
Assignee
may dispense with first meeting of creditors |
| 35 |
Particulars
to be supplied by Assignee |
| 36 |
Further
meetings |
| 37 |
Conduct
of meetings |
| 38 |
Quorum
at meetings |
| 39 |
Representation
at meetings |
| 40 |
Voting
at meetings |
| 41 |
Appointment
of expert or committee to assist Assignee |
| Part
5 |
Property
of bankrupt |
| 42 |
Property
passing to Assignee and commencement of bankruptcy |
| 43 |
Loans
by wife to husband, and by husband to wife (Repealed) |
| 44 |
Restrictions
on bankrupt dealing with property |
| [45 |
Assignee
may require bankrupt to contribute towards payment of debts |
| [45A |
Court
may order that money due to bankrupt be assigned to Assignee |
| [45B |
Application
of section 104 to payments by bankrupt or assignments by Court |
| 46 |
Onus
of proof in connection with default in payment |
| 47 |
Protection
of certain transactions against relation back |
| 48 |
Validity
of certain other transactions with bankrupt |
| 49 |
Dealings
with undischarged bankrupt: bank accounts |
| 50 |
Rights
of execution creditor and duties of Sheriff |
| 51 |
Assignment
of money payable to dairy farmer in respect of sales of milk |
| 52 |
Bankrupt
allowed to retain furniture, tools of trade, etc |
| 53 |
Assignee
may make allowance to bankrupt |
| 54 |
Voidable
gifts |
| 55 |
Proceedings
where bankrupt has improved property of another person |
| 56 |
Voidable
preferences |
| 57 |
Voidable
securities |
| 58 |
Assignee
may recover property or value thereof |
| Second
bankruptcies |
| 59 |
Procedure
on second bankruptcy |
| Part
6 |
Control
over person and property of debtor |
| 60 |
General
duties of bankrupt |
| 61 |
Bankrupt
to give up books, etc, to Assignee and to make out [statement of financial
position], etc |
| [62 |
Prohibition
of bankrupt entering business |
| 63 |
Court
may order debtor to be arrested |
| 64 |
Court
may order debtor's property to be seized |
| 65 |
Seizure
of bankrupt's property |
| 66 |
Bankrupt
refusing to quit tenement |
| 67 |
Redirection
to Assignee of letters of bankrupt |
| 68 |
Assignee
may examine persons respecting bankrupt or his property |
| [68A |
Assignee
may obtain documents |
| 69 |
If
Assignee or creditors desire it, bankrupt to be publicly examined |
| 70 |
Privilege
and representation of witnesses |
| Part
7 |
Administration
of bankrupt's estate |
| 71 |
Assignee's
general powers |
| 72 |
Power
of Assignee to sell |
| 73 |
No
lien over bankrupt's books, etc |
| 74 |
Assignee
may exercise bankrupt's right to transfer stock, etc |
| 75 |
Disclaimer
of onerous property other than shares |
| 76 |
Termination
of contracts |
| 77 |
Termination
of a contract otherwise than by Assignee |
| 78 |
Disclaimer
of liability under shares |
| 79 |
Liability
for rentcharge on bankrupt's land after disclaimer |
| 80 |
Assignee's
duties in respect of land subject to a mortgage |
| 81 |
Banking
and investment of money received by Assignee |
| 82 |
Bankruptcies
involving partnerships |
| [83 |
Bankruptcy
discharges liability of bankrupt and certain employees |
| 84 |
Discretion
of Assignee |
| 85 |
Assignee
may obtain directions of Court |
| 86 |
Appeal
from decision of Assignee |
| Part
8 |
Proofs
of debt |
| 87 |
Provable
debts |
| 88 |
Creditors
to prove upon adjudication |
| 89 |
Assignee
to examine proofs and admit or reject |
| 90 |
Proof
by secured creditors |
| [91 |
Goods
on hire purchase |
| 92 |
Trade
discounts |
| 93 |
Set-off |
| [93A |
Definitions
relating to set-off under netting agreement |
| [93B |
Application
of set-off under netting agreement |
| [93C |
Calculation
of netted balance |
| [93D |
Mutuality
required for transactions under bilateral netting agreements |
| [93E |
When
mutuality required for transactions under recognised multilateral netting
agreements |
| [93F |
Application
of set-off under section 93 to transactions subject to netting agreements |
| [93G |
Transactions
under netting agreement and voidable preferences |
| [93H |
Set-off
under netting agreement not affected by notice under section 58 |
| [93I |
Disclaimer
of onerous property and termination of netting agreement not permitted |
| 94 |
Interest |
| 95 |
Debt
payable at future time |
| 96 |
Debt
owing on invalid security |
| 97 |
Bankrupt
liable as a member of several firms |
| 98 |
Assignee
to estimate value of contingent debt |
| 99 |
Appeal
against estimate of value |
| 100 |
Right
of judgment creditor to prove for costs |
| [101 |
When
company may prove for unpaid calls |
| [102 |
Saving
of provisions of Companies Acts |
| 103 |
When
a surety for bankrupt may prove |
| Part
9 |
Distribution
of assets |
| 104 |
Priorities |
| 105 |
Assignee
to declare dividends as soon as possible |
| 106 |
Rights
of creditors of joint debtor |
| Part
10 |
Discharge |
| 107 |
Discharge
of bankrupt |
| 108 |
Bankrupt
may apply for discharge |
| 109 |
Examination
of bankrupt concerning his discharge |
| 110 |
Court
may grant or refuse discharge |
| 111 |
Court
may order bankrupt not to engage in business after discharge |
| 112 |
Court
may reverse order of discharge |
| 113 |
Absolute
discharge where failure to comply with conditions |
| 114 |
Debts
from which discharge releases bankrupt |
| 115 |
Discharge
conclusive evidence of bankruptcy |
| 116 |
Discharge
not to release partners, co-trustees, etc |
| 117 |
Discharged
bankrupt to assist Assignee |
| 118 |
Publication
of information regarding bankrupt's discharge |
| Part
11 |
Annulment |
| [119 |
When
Court may annul adjudication |
| 120 |
Effect
of annulment |
| Part
12 |
Composition
during bankruptcy |
| 121 |
Composition
with creditors |
| 122 |
Approval
of compositions by Court |
| 123 |
Deed
of composition |
| 124 |
Enforcement
of composition |
| 125 |
General
provisions affecting compositions |
| Part
13 |
Offences |
| 126 |
Crimes
by bankrupt |
| 127 |
Failure
to keep proper books of account |
| 128 |
Summary
offences |
| [128A |
Offences
by undischarged bankrupts in relation to management of companies |
| 129 |
When
Assignee's duty to prosecute |
| Part
14 |
Miscellaneous
provisions affecting bankruptcy |
| 130 |
Bankrupt
a contractor jointly with other persons |
| [131 |
Right
to inspect documents |
| [132 |
Assignees
to keep proper books of account |
| [132A |
Auditor-General
may audit Assignee's accounts |
| 133 |
Assignee
to apply for order of release |
| 134 |
Surplus
to be paid to [Public Trust] |
| 135 |
High
Court to act in aid of overseas Courts |
| 136 |
Power
of Assignee to return or destroy books |
| 137 |
Where
bankrupt dies after adjudication |
| 138 |
Protection
of Assignee |
| Part
15 |
Proposals |
| 139 |
Interpretation |
| 140 |
Proposals |
| 141 |
Provisional
trustee |
| 142 |
Meeting
of creditors |
| 143 |
Approval
of proposal by Court |
| 144 |
Effect
of approval by Court and duty of trustee |
| 145 |
Cancellation
or variation of proposal |
| Part
16 |
Summary
instalment orders |
| 146 |
Power
to make summary instalment orders |
| 147 |
Notice
of order and proof of debt |
| 148 |
Effect
of summary instalment order |
| 149 |
Disbursement
of money paid by debtor |
| 150 |
Default
under summary instalment order |
| 151 |
Offence
in respect of obtaining credit |
| 152 |
Rules |
| Part
17 |
Administration
of insolvent deceased estates |
| 153 |
Interpretation |
| 154 |
Applications
to administer under this Part |
| 155 |
Application
by creditor or beneficiary |
| 156 |
Notice
of application under section 155 |
| 157 |
Jurisdiction
of Court |
| 158 |
Court
may order estate to be administered by Official Assignee or [Public Trust] |
| 159 |
Effect
of such an order |
| 160 |
Power
of [Public Trust] or Maori Trustee in regard to insolvent estates |
| 161 |
Court
to have jurisdiction of Court in bankruptcy |
| 162 |
Provisions
as to administration of estates |
| 163 |
Saving
of acts done, etc, before order made |
| Part
18 |
Miscellaneous
provisions affecting insolvency |
| 164 |
False
or misleading statements and refusal to answer questions |
| 165 |
Documents
exempt from duty (Repealed) |
| [166 |
Remuneration
of Assignees |
| [166A |
Rates
of remuneration |
| [167 |
Payment
of disbursements relating to certain advertisements and postages |
| 168 |
Corporation,
etc, not subject to Act |
| 169 |
Transitional
provision |
| 170 |
Consequential
amendments |
| 171 |
Repeals
and saving |
| Schedule |
Enactments
repealed |
