BANKRUPTCY ACT 1966

PART IV - PROCEEDINGS IN CONNEXION WITH BANKRUPTCY  

Division 2A - Declaration of intention to present debtor ' s petition  

SECTION 54E   ENFORCEMENT SUSPENDED DURING STAY PERIOD  

54E(1)   [Declaration produced to creditor]  

Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to a creditor to whom the debtor owes a frozen debt, subsection (2) has effect throughout the remainder of that period.

54E(2)   [Restrictions on creditor]  

It is not competent for the creditor:


(a) to apply for the issue of enforcement process in respect of the debt; or


(b) to enforce a remedy against the debtor ' s person or property in respect of the debt.

54E(3)   [Permissible acts of creditor]  

Nothing in this section prevents a creditor from commencing a legal proceeding in respect of a debt, or from taking a fresh step in such a proceeding otherwise than in connection with enforcing a judgment.




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