CTHRepealedAct
Bankruptcy Act 1924
Powers exercisable by trustee by permissPowers exercisable by trustee by permission.
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### Powers exercisable by trustee by permission.
E.B.A., ss. 56, 58.
N.S.W., ss. 64– 66.
Vic., ss. 105 (2), 106.
Q., ss. 132 (2), (3), 133, 149.
W.A., s. 54.
S.A., ss. 147–149, 231.
Tas., ss. 26, 27, 37.
107. The trustee may, by permission of the creditors by resolution passed at any general meeting or of the Committee of Inspection, or by leave of the Court, do all or any of the following things:—
(a) Carry on the business of the bankrupt, so far as may be necessary for its beneficial winding-up, or sell, by private contract, all or any part of the property of the bankrupt (including the goodwill of the business if any, and the book debts due or growing due to the bankrupt) with power to transfer the whole thereof to any person or company or to sell the same in parcels;
(b) Bring, institute, or defend any action or other legal proceeding relating to the property of the bankrupt;
(c) Accept, as the consideration for the sale of any property of the bankrupt, a sum of money payable at a future time, subject to such stipulations as to security and otherwise as he thinks fit;
(d) Mortgage or pledge any part of the property of the bankrupt for the purpose of raising money for the payment of his debts;
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(e) Refer any dispute to arbitration, compromise any debts, claims, and liabilities, whether present or future, certain or contingent, liquidated or unliquidated, subsisting or supposed to subsist between the bankrupt and any person who may have incurred any liability to the bankrupt, on the receipt of such sums, payable at such times, and generally on such terms, as are agreed on;
(f) Make such compromise or other arrangement as is thought expedient with creditors, or persons claiming to be creditors, in respect of any debts provable in the bankruptcy;
(g) Make such compromise or other arrangement as is thought expedient in respect of any claim arising out of or incidental to the property of the bankrupt made or capable of being made on the trustee by any person or by the trustee on any person;
(h) Divide in its existing form amongst the creditors, according to its estimated value, any property which from its peculiar nature or other special circumstances cannot be readily or advantageously sold; and