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Section 49: Rights under execution or attachment

Bankruptcy Act · PART III: ADMINISTRATION OF PROPERTY

consolidated text (as at 2000). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

49. Rights under execution or attachment (1) Where a creditor has issued execution against movable property 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 Act, an execution against goods is completed by seizure and sale and an attachment of a debt is completed by receipt of the debt.

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