Bankruptcy Act 1966
PART IX
-
DEBT AGREEMENTS
Division 3
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Making a debt agreement
SECTION 185K
PREVENTION OF PROCEEDINGS RELATING TO DEBTS
185K(1)
[
Creditor
'
s action limited
]
(a) present a creditor ' s petition against the debtor; or
(b) proceed further with a creditor ' s petition that was presented against the debtor before details of the debt agreement were entered in the Index; or
(c) enforce a remedy against the debtor ' s person or property, or start or take a fresh step in legal proceedings, in respect of a provable debt.
185K(2)
[
Maintenance agreements and orders
]
(a) a maintenance agreement;
(b) a maintenance order;
(c) a proceeds of crime law.
185K(3)
[
No action to take place
]
(a) a sheriff must not take action, or further action, to execute, or sell property under, any process issued by a court to enforce payment of a provable debt owed by the debtor; and
(b) a person who is entitled under a law of the Commonwealth, or of a State or Territory, to retain or deduct money from money that is or will be owing or payable to the debtor must not retain or deduct money.
View history note
Hide history noteWhile a debt agreement is in force and details of it are entered on the National Personal Insolvency Index, a creditor cannot:
(a) present a creditor ' s petition against the debtor; or
(b) proceed further with a creditor ' s petition that was presented against the debtor before details of the debt agreement were entered in the Index; or
(c) enforce a remedy against the debtor ' s person or property, or start or take a fresh step in legal proceedings, in respect of a provable debt.
Paragraph (1)(c) does not prevent a creditor from enforcing a remedy against the debtor or the debtor ' s property for a liability under one or more of the following:
(a) a maintenance agreement;
(b) a maintenance order;
(c) a proceeds of crime law.
While a debt agreement is in force and details of it are entered on the National Personal Insolvency Index:
(a) a sheriff must not take action, or further action, to execute, or sell property under, any process issued by a court to enforce payment of a provable debt owed by the debtor; and
(b) a person who is entitled under a law of the Commonwealth, or of a State or Territory, to retain or deduct money from money that is or will be owing or payable to the debtor must not retain or deduct money.