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Section 13: Order on disposition of property or proposal or summary instalment order

Insolvency Act · PART II: BANKRUPTCY AND ALTERNATIVES

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

13. Order on disposition of property or proposal or summary instalment order (1) This section applies where the debtor— (a) has made a disposition of all, or substantially all, of his property to a trustee for the benefit of his creditors; (b) has made a proposal; or (c) has applied for a summary instalment order. (2) The debtor or the trustee for the debtor’s creditors or any creditor may apply to the Court for an order under this section. (3) On the hearing of the application, the Court may— (a) order that the disposition or proposal or summary instalment order is not a ground for making a bankruptcy order; (b) stay or refuse the petition for a bankruptcy order; (c) order that any other petition for a bankruptcy order shall not be filed; (d) make any order as to costs that the Court thinks appropriate; or (e) where it orders that costs shall be paid to the creditor who has petitioned for the bankruptcy order, order that the costs shall be paid out of the debtor’s estate.

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