Law library · Sierra Leone · The Bankruptcy Act, 2009
Section 42, The Bankruptcy Act, 2009
Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone
(1) Where a second or subsequent receiving order is madeagainst a bankrupt, or where an order is made for administration in
bankruptcy of the estate of a deceased bankrupt, then for the purposes
of any proceedings consequent upon the order, the trustee in the
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Postponement
of husband’s
and wife’s
claims.
Relating back
of trustee’s
title.
Description
of bankrupt’s
property
divisible
among
Provisions as
to second
last preceding bankrupt shall be deemed to be a creditor in respect of
any unsatisfied balance of the debts provable against the property
of the bankrupt in that bankruptcy.
(2) In the event of a second or subsequent receiving order
made against a bankrupt being followed by an order adjudging him
bankrupt, or in the event of an order being made for the administration
in the bankruptcy of the estate of a deceased bankrupt, any property
acquired by him since he was last adjudged bankrupt, which at the
date when the subsequent petition was presented had not been
distributed among the creditors in such last preceding bankruptcy,
shall, subject to any disposition made by the official receiver or
trustee in that bankruptcy, without knowledge of the presentation of
the subsequent petition, and subject to this Act, vest in the trustee in
the subsequent bankruptcy or administration in bankruptcy as the
case may be.
(3) Where the trustee in any bankruptcy receives notice
of a subsequent petition for the administration of his estate in
bankruptcy, the trustee shall hold any property then in his possession
which has been acquired by the bankrupt since he was adjudged
bankrupt until the subsequent petition has been disposed of, and if
on the subsequent petition an order of adjudication or an order for
the administration of the estate in bankruptcy is made, he shall transfer
all the property or the proceeds thereof (after deducting his costs
and expenses) to the trustee in the subsequent bankruptcy or
administration in bankruptcy, as the case may be.
Effect of bankruptcy on antecedent and other transactions
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