BANKRUPTCY ACT 1966

PART IV - PROCEEDINGS IN CONNEXION WITH BANKRUPTCY  

Division 6 - Composition or arrangement with creditors  

SECTION 75   EFFECT OF COMPOSITION OR SCHEME OF ARRANGEMENT  

75(1)   [Acceptance binding]  

Subject to this section, a composition or scheme of arrangement accepted in accordance with this Division is binding on all the creditors of the bankrupt so far as relates to provable debts due to them from the bankrupt.

75(2)   [Limitations of effect]  

The acceptance of a composition or scheme of arrangement does not:


(a) except with the consent of the creditor to whom the debt is due, release the bankrupt from a provable debt that would not be released by his or her discharge from bankruptcy; or


(b) release any other person from any liability from which he or she would not be released by the discharge of the bankrupt.

75(3)   [Enforcement]  

The provisions of a composition or scheme of arrangement that has been accepted in accordance with this Division may be enforced by the Court on application by a person interested, and disobedience of an order of the Court made on the application is a contempt of the Court and is punishable accordingly.

75(4)  
(Repealed by No 80 of 2004)

75(5)  
(Repealed by No 80 of 2004)

75(6)  
(Repealed by No 80 of 2004)

75(7)  
(Repealed by No 80 of 2004)

75(8)  
(Repealed by No 80 of 2004)




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