CTHRepealedAct
Bankruptcy Act 1924
Second bankruptcy.Second bankruptcy.
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### Second bankruptcy.
E.B.A., s. 39.
N.S.W., s. 10.
61.—(1.) In the event of a second or subsequent sequestration order being made against an undischarged bankrupt, any property acquired by him since the making of the former sequestration order which at the date when the subsequent petition was presented had not been distributed amongst the creditors in the last preceding bankruptcy, shall (subject to any disposition thereof made by the official receiver or trustee in that bankruptcy without knowledge of the presentation of the subsequent petition, and subject to any order made under paragraph (c) of sub-section (11.) of section sixty-nine of
this Act, and subject to the provisions of section ninety-eight of this Act) vest in the trustee in the subsequent bankruptcy, but any unsatisfied balance of the debts provable under the last preceding bankruptcy may be proved in the subsequent bankruptcy by the trustee in the last preceding bankruptcy.
(2.) Where the trustee in any bankruptcy receives notice of a subsequent petition in bankruptcy against the bankrupt, he shall hold any property then in his possession which has been acquired by the bankrupt since the making of the sequestration order until the subsequent petition has been disposed of, and, if on the subsequent petition a sequestration order is made, he shall transfer all such property or the proceeds thereof (after deducting his costs and expenses) to the trustee in the subsequent bankruptcy.