70
CAP. 6]
Bankruptcy
[1986 Ed.
Consolidation of petitions.
1914 c. 59, s. 110.
Power to change carriage of proceedings.
1914 c. 59, s. 111.
Continuance of proceedings on death of debtor.
1914 c. 59, s. 112.
Power to stay proceedings. 1914 c. 59, s. 113.
Power to present petition against one partner. 1914 c. 59, s. 114.
Power to dismiss petition against
some
respondents only.
1914 c. 59, s. 115.
Actions by trustee and bankrupt's partners.
1914 c. 59, s. 117.
Actions on joint contracts.
1914 c. 59, s. 118.
lodged in due time with the Official Receiver or trustee and had been admitted for voting and dividend purposes respectively for the said amounts stated in subsection (1).
(Added, 21 of 1965, s. 2)
101. Where 2 or more bankruptcy petitions are presented against the same debtor or against joint debtors the court may consolidate the proceedings or any of them on such terms as the court thinks fit.
102. Where the petitioner does not proceed with due diligence on his petition the court may either dismiss the petition or substitute as petitioner any other creditor to whom the debtor may be indebted in the amount required by this Ordinance in the place of the petitioning creditor.
103. If a debtor by or against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the court otherwise orders, be continued as if he were alive.
104. The court may at any time, for sufficient reason, make an order staying the proceedings under a bankruptcy petition, either altogether or for a limited time, on such terms and subject to such conditions as the court may think just.
105. Any creditors whose debt is sufficient to entitle him to present a bankruptcy petition against all the partners of a firm may present a petition against any one or more partners of the firm without including the others.
106. Where there are more respondents than one to a petition the court may dismiss the petition as to one or more of them without prejudice to the effect of the petition as against the other or others of them.
107. Where a member of a partnership is adjudged bankrupt the court may authorize the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt's partner; and any release by such partner of the debt or demand to which the action relates shall be void; but notice of the application for authority to commence the action shall be given to him, and he may show cause against it, and on his application the court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the action, and if he does not claim any benefit therefrom he shall be indemnified against costs in respect thereof as the court directs.
108. Where a bankrupt is a contractor in respect of any contract jointly with any person or persons, such person or persons may sue or be sued in respect of the contract without the joinder of the bankrupt.
Page 5
Page 6
70
CAP. 6]
Bankruptcy
[1986 Ed.
Consolidation of petitions.
1914 c. 59, s. 110.
Power to change carriage of proceedings.
1914 c. 59, s. 111.
Continuance of proceedings on death of debtor.
1914 c. 59, s. 112.
Power to stay proceedings. 1914 c. 59, s. 113.
Power to present petition against one partner. 1914 c. 59, s. 114.
Power to dismiss petition against
some
respondents only.
1914 c. 59, s. 115.
Actions by trustee and bankrupt's partners.
1914 c. 59, s. 117.
Actions on joint contracts.
1914 c. 59, s. 118.
lodged in due time with the Official Receiver or trustee and had been admitted for voting and dividend purposes respectively for the said amounts stated in subsection (1).
(Added, 21 of 1965, s. 2)
101. Where 2 or more bankruptcy petitions are presented against the same debtor or against joint debtors the court may consolidate the proceedings or any of them on such terms as the court thinks fit.
102. Where the petitioner does not proceed with due diligence on his petition the court may either dismiss the petition or substitute as petitioner any other creditor to whom the debtor may be indebted in the amount required by this Ordinance in the place of the petition- ing creditor.
103. If a debtor by or against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the court otherwise orders, be continued as if he were alive.
104. The court may at any time, for sufficient reason, make an order staying the proceedings under a bankruptcy petition, either altogether or for a limited time, on such terms and subject to such conditions as the court may think just.
105. Any creditors whose debt is sufficient to entitle him to present a bankruptcy petition against all the partners of a firm may present a petition against any one or more partners of the firm without including the others.
106. Where there are more respondents than one to a petition the court may dismiss the petition as to one or more of them without prejudice to the effect of the petition as against the other or others of them.
107. Where a member of a partnership is adjudged bankrupt the court may authorize the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt's partner; and any release by such partner of the debt or demand to which the action relates shall be void; but notice of the application for authority to commence the action shall be given to him, and he may show cause against it, and on his application the court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the action, and if he does not claim any benefit therefrom he shall be indemnified against costs in respect thereof as the court directs.
108. Where a bankrupt is a contractor in respect of any contract jointly with any person or persons, such person or persons may sue or be sued in respect of the contract without the joinder of the bankrupt.
Page 5Page 6
No comments yet.
Private notes are available after approval.