CTHRepealedAct
Bankruptcy Act 1924
Powers of trustee to deal with property.Powers of trustee to deal with property.
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### Powers of trustee to deal with property.
E.B.A., s. 55.
N.S.W., s. 63.
Vic., ss. 100, 104.
S.A., s. 137.
W.A., s. 53.
Q., s. 132.
Tas., s. 24.
105. Subject to this Act, the trustee may do all or any of the following things:—
(a) Sell 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), by public auction or public tender, with power to transfer the whole thereof to any person or company, or to sell the same in parcels;
(b) Transfer any stock, shares in ships, shares or any other property transferable in the books of any company, office or person, in the same manner as the bankrupt could, before the bankruptcy, transfer the stock, shares or other property;
(c) Give receipts for any money received by him, which receipts shall effectually discharge the person paying the money from all responsibility in respect of the application thereof;
(d) Prove, rank, claim, and draw a dividend in respect of any debt due to the bankrupt;
(e) Compromise any debt not exceeding One hundred pounds due to the bankrupt;
(f) Deal with any property to which the bankrupt is beneficially entitled as tenant in tail in the same manner as the bankrupt might have dealt with it;
Q., s. 124.
(g) Summon general meetings of the creditors for the purpose of ascertaining their wishes;
(h) Use his own discretion in the management of the estate and its distribution among the creditors;
Q., s. 127.
(i) Apply to the Court in the prescribed manner for directions in any particular matter arising under the bankruptcy;
Q., s. 135.
(j) Employ a barrister, solicitor, attorney or other agent to take any proceedings or to take part in any examinations or to do any business or in respect of conveyancing matters;
Vic., s. 102.
(k) Take advice on any legal question affecting the bankrupt estate or the administration thereof, and employ a barrister, solicitor or attorney to commence, conduct or defend actions and suits or any other proceedings for or against the bankrupt estate, and charge against the estate all fees allowed upon taxation by the proper officer; and
(l) Exercise any powers the capacity to exercise which is vested in the trustee under this Act, and execute any powers of attorney, deeds, and other instruments for the purpose of carrying into effect the provisions of this Act.