juris

Section 91: Proceedings against debtor

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.

91. Proceedings against debtor (1) In this section, “proceedings against a debtor” means proceedings against the person or property of the debtor in respect of a debt that has been— (a) shown in the debtor’s application for the summary instalment order; (b) included in the summary instalment order; or (c) notified to the supervisor. (2) After a summary instalment order has been made, no person shall begin or continue proceedings against a debtor unless— (a) the Official Receiver authorises a creditor to begin or continue the proceedings on such terms as he considers appropriate; or (b) the debtor is in default under the order. (3) Where an action is pending before a Court and the Official Receiver gives notice to the Court that a summary instalment order has been made, the Court— (a) shall stay the proceedings on receiving notice of the order; and (b) may award all or part of the creditor’s costs incurred up to the time of the Court’s notification, and may certify accordingly for the purpose of the creditor proving the debt under this section.

Ask juris about this section Official source