Commonwealth Numbered Acts

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BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 132

Composition to bind all creditors
132. (1) Section 238 of the Principal Act is amended-

   (a)  by omitting from sub-section (2) "Subject to sub-section (3)" and
        substituting "Subject to sub-sections (3) and (4)"; and

   (b)  by adding at the end thereof the following sub-section:



"(4) Nothing in this section shall be taken to prevent a creditor from
enforcing any remedy against a debtor who has made a composition under this
Part, or against any property of such a debtor that is not vested in the
trustee of the composition, in respect of any liability of the debtor under a
maintenance agreement or maintenance order (whether entered into or made, as
the case may be, before or after the commencement of this sub-section).".

(2) The amendments of the Principal Act made by sub-section (1) of this
section do not apply in relation to a debtor, or the property of a debtor, in
relation to whom a special resolution accepting a composition was passed
before the commencement of this section. 


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