On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 01/03/2012.
Protection of debtor’s property
73.
—(1) The court may, if it thinks it necessary or expedient for the protection of the debtor’s property, at any time after the making of a bankruptcy application and before making a bankruptcy order, appoint the Official Assignee to be interim receiver of the debtor’s property or any part thereof and direct him to take immediate possession of the same, including any books of accounts and other documents relating to the debtor’s business.
[42/2005]
(2) Where the court has appointed an interim receiver under subsection (1), no person who is a creditor of the debtor in respect of a debt provable in bankruptcy shall —
(a)
have any remedy against the person or property of the debtor in respect of that debt; or
(b)
while the appointment of the interim receiver is in force, commence or continue any action or other legal proceedings against the debtor,
except with the leave of the court and on such terms as the court may impose.
(3) Upon the appointment of an interim receiver under subsection (1), the debtor shall —
(a)
give to the interim receiver such inventory of his property and such other information; and
(b)
attend on the interim receiver at such times,
as the interim receiver may for the purpose of carrying out his functions under this section reasonably require.
(4) Upon the appointment of an interim receiver under this section, sections 83 and 84 shall apply, with the necessary modifications, and any reference in those sections to —
(a)
the making of a bankruptcy order shall be read as a reference to the appointment of an interim receiver under this section;
(b)
the Official Assignee shall be read as a reference to the interim receiver; and
(c)
the bankrupt or his estate shall be read (respectively) as a reference to the debtor or his property.
(5) The Official Assignee shall cease to be the interim receiver of a debtor’s property if —
(a)
the bankruptcy application made against the debtor is dismissed or withdrawn;
(b)
a bankruptcy order is made on the application; or
(c)
the court by order terminates the appointment.
[42/2005]
74.
—(1) Any court may by order, at any time after the making of a bankruptcy application, stay any action, execution or other legal process against the person or property of the debtor.
[42/2005]
(2) Where an order is made under subsection (1) staying any action or proceedings or staying proceedings generally, the order may be served by sending a copy thereof, under the seal of the court, by prepaid registered post to the address for service of the plaintiff or other party prosecuting such proceedings.