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Section 44, The Bankruptcy Act, 2009

Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone

(1) Where any goods of the debtor are taken in execution,and before the sale of the goods or the completion of the execution by the receipt or recovery of the full amount of the levy, notice is served on the bailiff that a receiving order has been made against the debtor, the bailiff shall, on request deliver the goods and any negotiable instruments or money, or any money received in satisfaction or part satisfaction of the execution, to the official receiver, but the costs of the execution shall be a first charge on the property so delivered and the Official Receiver or trustee may sell the goods, or an adequate part of the goods, or apply the money for the purpose of satisfying the charge. (2) Where under an execution in respect of a judgment for a sum exceeding Le100,000, the property of a debtor is sold or money is paid in order to avoid sale, the bailiff shall deduct his costs of the execution from the proceeds of sale and pay the balance into court, and if within fourteen days of such sale or payment a bankruptcy petition is presented by or against the debtor, the balance shall be paid out to the trustee in the bankruptcy, who will be entitled to retain it against the execution creditor, but otherwise it shall be dealt with as if no bankruptcy petition has been presented.

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