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StatuteBankruptcy Act 1966

Section 185K — Bankruptcy Act 1966: Prevention of proceedings relating to debts

Text of the provision Official document

(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.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.