Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 185K

Prevention of proceedings relating to debts

             (1)  While a debt agreement is in force and details of it are entered on the National Personal Insolvency Index, a creditor cannot:

                     (a)  present a creditor's petition against the debtor; or

                     (b)  proceed further with a creditor's petition that was presented against the debtor before details of the debt agreement were entered in the Index; or

                     (c)  enforce a remedy against the debtor's person or property, or start or take a fresh step in legal proceedings, in respect of a provable debt.

             (2)  Paragraph (1)(c) does not prevent a creditor from enforcing a remedy against the debtor or the debtor's property for a liability under one or more of the following:

                     (a)  a maintenance agreement;

                     (b)  a maintenance order;

                     (c)  a proceeds of crime law.

             (3)  While a debt agreement is in force and details of it are entered on the National Personal Insolvency Index:

                     (a)  a sheriff must not take action, or further action, to execute, or sell property under, any process issued by a court to enforce payment of a provable debt owed by the debtor; and

                     (b)  a person who is entitled under a law of the Commonwealth, or of a State or Territory, to retain or deduct money from money that is or will be owing or payable to the debtor must not retain or deduct money.


 



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