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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 38 39 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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