Section 83: Enforcement steps
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.
83. Enforcement steps
(1) Subject to subsection (3), a creditor whose debt is provable under
this section shall not take any of the steps listed in subsection (2) in respect
of the debt—
(a) after the Court has approved the proposal; and
(b) while the proposal remains in force.
(2) The steps referred to in subsection (1) are—
(a) filing a creditor’s application for the insolvent’s adjudication;
(b) proceeding with a creditor’s application for the insolvent’s adjudication that was filed before the proposal was filed;
I14 – 51 [Issue 3]
Insolvency Act
(c) enforcing any civil remedy against the insolvent’s person or
property; and
(d) beginning any legal proceedings in respect of the debt.
(3) A creditor may take any of the steps listed in subsection (2) with the
permission of the Court given on terms that the Court thinks appropriate.