Law library · Sierra Leone · The Bankruptcy Act, 2009
Section 43, The Bankruptcy Act, 2009
Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone
(1) Where a creditor has issued execution against theproperty of a debtor or has attached any debt due to him, he shall not
be entitled to retain the benefit of the execution or attachment against
the trustee in bankruptcy of the debtor unless he has completed the
execution or attachment before the date of the receiving order and
before notice of the presentation of any bankruptcy petition by or
against the debtor, or of the commission of any available act of
bankruptcy by the debtor.
(2) For the purposes of this section-
(a) an execution shall be deemed to be completed
by seizure and sale;
(b) an attachment of a debt is completed by
receipt of the debt; and
(c) an execution against land is completed by
seizure, or, in the case of any equitable
interest in lands, houses or other immovable
property, by the appointment of a receiver or
manager.
(3) An execution completed under this section is not
invalid by reason only of its being an act of bankruptcy, and a person
who purchases the goods in good faith under a sale by the bailiff
shall, in all cases acquire a good title to them against the trustee in
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