Bankruptcy Act 1966

Pt X heading substituted by No 80 of 2004, s 3 and Sch 1 item 44, effective 1 December 2004. No 80 of 2004, s 3 and Sch 1 items 212, 213 and 215 contained the following transitional provisions:

Part X heading formerly read:

PART X - ARRANGEMENTS WITH CREDITORS WITHOUT SEQUESTRATION

S 205A(1) repealed by No 80 of 2004, s 3 and Sch 1 item 77, effective 1 December 2004. For transitional provisions, see note under Part X heading. S 205A(1) formerly read:

205A(1)
Subject to this section, where a deed of assignment has been duly executed (whether before or after the commencement of this section) by a debtor under this Part, the trustee of the deed may give to the sheriff or to the registrar or other appropriate officer of a court notice in writing of that fact and, upon the giving of the notice:

(a) the sheriff shall deliver or pay to the trustee:

(i) any property of the debtor in his or her possession under a process of execution issued by or on behalf of a creditor;

(ii) any proceeds of the sale of property of the debtor or other moneys in his or her possession, being proceeds of the sale of property sold, whether before or after the debtor executed the deed, in pursuance of any such process or moneys seized, or paid to avoid seizure or sale of property of the debtor, whether before or after the debtor executed the deed, in pursuance of any such process; and

(iii) any moneys in his or her possession as a result of the attachment, by or on behalf of a creditor, of a debt due to the debtor; or

(b) the registrar or other officer of the court shall pay to the trustee:

(i) any proceeds of the sale of property of the debtor or other moneys in court, being proceeds of sale or other moneys paid into court, whether before or after the debtor executed the deed, by a sheriff in pursuance of a process of execution issued, by or on behalf of a creditor, against property of the debtor; and

(ii) any moneys in court that have been paid into court, whether before or after the debtor executed the deed, in pursuance of proceedings instituted, by or on behalf of a creditor, to attach a debt due to the debtor;

as the case requires.

S 205A(2) repealed by No 80 of 2004, s 3 and Sch 1 item 77, effective 1 December 2004. For transitional provisions, see note under Part X heading. S 205A(2) formerly read:

205A(2)
Subject to this section, where:

(a) the sheriff is satisfied:

(i) that a deed of arrangement has, after the commencement of this section, been duly executed by a debtor under this Part; and

(ii) that:

(A) property of the debtor in his or her possession under a process of execution issued by or on behalf of a creditor;

(B) proceeds of the sale of property of the debtor or other moneys in his or her possession, being proceeds of the sale of property sold, whether before or after the debtor executed the deed, in pursuance of any such process or moneys seized, or paid to avoid seizure or sale of property of the debtor, whether before or after the debtor executed the deed, in pursuance of any such process; or

(C) moneys in his or her possession as a result of the attachment, by or on behalf of a creditor, of a debt due to the debtor;

is not, or are not, subject to the provisions of the deed;

the sheriff shall deliver that property, or pay those proceeds or other moneys, as the case requires, to the debtor or to a person authorized by the debtor in writing for the purpose; or

(b) the registrar or other appropriate officer of a court is satisfied:

(i) that a deed of arrangement has, after the commencement of this section, been duly executed by the debtor under this Part; and

(ii) that:

(A) proceeds of the sale of property of the debtor or other moneys in court, being proceeds of sale or other moneys paid into court, whether before or after the debtor executed the deed, by a sheriff in pursuance of a process of execution issued, by or on behalf of a creditor, against property of the debtor; or

(B) moneys in court that have been paid into court, whether before or after the debtor executed the deed, in pursuance of proceedings instituted, by or on behalf of a creditor, to attach a debt due to the debtor;

are not subject to the provisions of the deed;

the registrar or other officer shall pay those proceeds or other moneys, as the case requires, to the debtor or to a person authorized by the debtor in writing for the purpose.

S 205A(3) repealed by No 80 of 2004, s 3 and Sch 1 item 77, effective 1 December 2004. For transitional provisions, see note under Part X heading. S 205A(3) formerly read:

205A(3)
Subject to this section, where:

(a) the sheriff is satisfied:

(i) that a deed of arrangement has, after the commencement of this section, been duly executed by the debtor under this Part; and

(ii) that:

(A) property of the debtor in his or her possession under a process of execution issued by or on behalf of a creditor;

(B) proceeds of the sale of property of the debtor or other moneys in his or her possession, being proceeds of the sale of property sold, whether before or after the debtor executed the deed, in pursuance of any such process or moneys seized, or paid to avoid seizure or sale of property of the debtor, whether before or after the debtor executed the deed, in pursuance of any such process; or

(C) moneys in his or her possession as a result of the attachment, by or on behalf of a creditor, of a debt due to the debtor;

is, or are, subject to the provisions of the deed;

the sheriff shall deliver that property or pay those proceeds or other moneys, as the case requires, to the trustee of the deed; or

(b) the registrar or other appropriate officer of a court is satisfied:

(i) that a deed of arrangement has, after the commencement of this section, been duly executed by a debtor under this Part; and

(ii) that:

(A) proceeds of the sale of property of the debtor or other moneys in court, being proceeds of sale or other moneys paid into court, whether before or after the debtor executed the deed, by a sheriff in pursuance of a process of execution issued, by or on behalf of a creditor, against property of the debtor; or

(B) moneys in court that have been paid into court, whether before or after the debtor executed the deed, in pursuance of proceedings instituted, by or on behalf of a creditor, to attach a debt due to the debtor;

are subject to the provisions of the deed;

the registrar or other officer shall pay those proceeds or other moneys, as the case requires, to the trustee of the deed.

S 205A(4) amended by No 67 of 2016, s 3 and Sch 1 item 2, by substituting " the " for " the the " in para (a)(ii) and (b)(ii), effective 17 November 2016.

S 205A(4) amended by No 80 of 2004, s 3 and Sch 1 items 78 to 84, by substituting para (a)(i), inserting " or " at the end of para (a)(ii)(A), substituting " execution of the agreement " for " passing of the special resolution " (wherever occurring) in para (a)(ii)(B), substituting " the agreement " for " terms of the composition " in para (a)(ii), substituting para (b)(i), substituting " execution of the agreement " for " passing of the special resolution " in para (b)(ii)(A) and (B) (wherever occurring) and substituting " the agreement " for " terms of the composition " , effective 1 December 2004. For transitional provisions, see note under Part X heading. Paras (a)(i) and (b)(i) formerly read:

(i) that a special resolution accepting a composition has been passed under section 204 in relation to a debtor after the commencement of this section; and

(i) that a special resolution accepting a composition has been passed under section 204 in relation to a debtor after the commencement of this section; and

S 205A(5) amended by No 80 of 2004, s 3 and Sch 1 items 85 and 86, by substituting " personal insolvency agreement was executed " for " special resolution accepting the composition was passed " in para (c) and substituting " or terminate the agreement " for " the composition " , effective 1 December 2004. For transitional provisions, see note under Part X heading.

S 205A(6) amended by No 67 of 2016, s 3 and Sch 1 item 2, by substituting " the " for " the the " in para (a)(ii) and (b)(ii), effective 17 November 2016.

S 205A(6) amended by No 80 of 2004, s 3 and Sch 1 items 87 to 95, by substituting para (a)(i), inserting " or " at the end of para (a)(ii)(A), substituting " execution of the agreement " for " passing of the special resolution " (wherever occurring) in para (a)(ii)(B), substituting " the agreement " for " terms of the composition " in para (a)(ii), substituting " trustee of the agreement " for " trustee of the composition " in para (a), substituting para (b)(i), substituting " execution of the agreement " for " passing of the special resolution " (wherever occurring) in para (b)(ii)(A) and (B), substituting " the agreement " for " terms of the composition " in para (b)(ii) and substituting " trustee of the agreement " for " trustee of the composition " in para (b), effective 1 December 2004. For transitional provisions, see note under Part X heading. Paras (a)(i) and (b)(i) formerly read:

(i) that a special resolution accepting a composition has been passed under section 204 in relation to a debtor after the commencement of this section; and

(i) that a special resolution accepting a composition has been passed under section 204 in relation to a debtor after the commencement of this section; and

S 205A(7) amended by No 80 of 2004, s 3 and Sch 1 items 96 to 98, by substituting " trustee of the agreement " for " trustee of the composition " , substituting " personal insolvency agreement was executed " for " special resolution accepting the composition was passed " in para (c) and substituting " or terminate the agreement " for " the composition " , effective 1 December 2004. For transitional provisions, see note under Part X heading.

S 205A(8) amended by No 80 of 2004, s 3 and Sch 1 items 99 and 100, by omitting " (1), (2), (3) " after " required by subsection " and substituting " a personal insolvency agreement " for " a deed or a composition " , effective 1 December 2004. For transitional provisions, see note under Part X heading.

S 205A(10) amended by No 80 of 2004, s 3 and Sch 1 items 101 to 103, by omitting " (1), (2), (3), " after " pursuance of subsection " , substituting " a personal insolvency agreement " for " a deed or a composition " and substituting " the agreement " for " the deed or composition " , effective 1 December 2004. For transitional provisions, see note under Part X heading.

S 205A(11) repealed by No 80 of 2004, s 3 and Sch 1 item 104, effective 1 December 2004. For transitional provisions, see note under Part X heading. S 205A(11) formerly read:

205A(11)
Where:

(a) a sheriff, registrar or other officer of a court has, in pursuance of subsection (1), delivered to the trustee of a deed of assignment property that was seized, or paid to the trustee of such a deed the proceeds of the sale of property or other moneys that were received, as a result of the issue of execution against property of a debtor or the attachment of a debt due to a debtor; and

(b) that property or debt would not have been property divisible amongst the creditors of the debtor if the debtor had executed the deed immediately before the execution was issued or the debt was attached, as the case may be;

the trustee shall deliver that property, or pay those proceeds or other moneys, as the case requires, to the debtor or to a person authorized by the debtor in writing for the purpose.

S 205A(12) amended by No 80 of 2004, s 3 and Sch 1 item 105, by substituting para (a)(i) and (ii) for para (a)(i), (ii), (iii) and (iv), effective 1 December 2004. For transitional provisions, see note under Part X heading. Para (a)(i), (ii), (iii) and (iv) formerly read:

(i) to the trustee of a deed of assignment in pursuance of subsection (1);

(ii) to a debtor or a person authorized by the debtor in pursuance of subsection (2) or (4);

(iii) to the trustee of a deed of arrangement in pursuance of subsection (3); or

(iv) to the trustee of a composition in pursuance of subsection (6); and

S 205A inserted by No 12 of 1980, s 109.