Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 54E

Enforcement suspended during stay period

  (1)   Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to a creditor to whom the debtor owes a frozen debt, subsection   (2) has effect throughout the remainder of that period.

  (2)   It is not competent for the creditor:

  (a)   to apply for the issue of enforcement process in respect of the debt; or

  (b)   to enforce a remedy against the debtor's person or property in respect of the debt.

  (3)   Nothing in this section prevents a creditor from commencing a legal proceeding in respect of a debt, or from taking a fresh step in such a proceeding otherwise than in connection with enforcing a judgment.


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