Bankruptcy Act
ZambiaAct of Parliament
The Bankruptcy Act is an Act of the Parliament of Zambia. It contains 173 sections. Read its sections below, or ask Levy any question about the Bankruptcy Act and get an answer grounded in the Act with citations.
Sections of the Bankruptcy Act
- S. 1This Act may be cited as the Bankruptcy Act. Short title
- S. 2I nterpretation
- S. 3Section 3
- S. 4A bankruptcy notice under this Act shall be in the prescribed form, and shall Bankruptcy notices
- S. 5J urisdiction to make receiving order
- S. 6C onditions on which creditor may petition
- S. 7P roceedings and order on creditor's petition
- S. 8D ebtor's petition and order thereon
- S. 9(1) On the making of a receiving order, the official receiver shall be thereby Effect of receiving
- S. 10P ower to appoint interim receiver
- S. 11P ower to stay pending proceedings
- S. 12P ower to appoint special manager
- S. 13Notice of every receiving order, stating the name address and description of Advertisement of
- S. 14P ower to rescind receiving order in certain cases
- S. 15(1) As soon as may be after the making of a receiving order against a debtor, a First and other
- S. 16D ebtor's statement of affairs
- S. 17P ublic examination of debtor
- S. 18(1) Where a debtor either before or after he has been adjudged bankrupt Compositions and
- S. 19E ffect of composition or scheme
- S. 20A djudication of bankruptcy
- S. 21A ppointment of trustee
- S. 22(1) The creditors qualified to vote may, at their first or any subsequent meeting Committee of
- S. 23D uties of debtor as to discovery and realisation of property
- S. 24(1) Every debtor against whom an order of adjudication is made in Zambia Address and certain
- S. 25A rrest of debtor under certain circumstances
- S. 26R e-direction of debtor's letters
- S. 27I nquiry as to debtor's conduct, dealings and property
- S. 28D ischarge of bankrupt
- S. 29In either of the following cases, that is to say: Fraudulent settlements
- S. 30E ffect of order of discharge
- S. 31P ower for court to annul adjudication in certain cases
- S. 32Bankruptnottoactasdirectorormanagerofcompanyortomanagebusiness
- S. 33(1) Demands in the nature of unliquidated damages arising otherwise than by Description of debts
- S. 34M utual credit and set-off
- S. 35R ules as to proof of debts
- S. 36P riority of debts
- S. 37(1) Where at the time of the presentation of the bankruptcy petition any person Preferential claim in
- S. 38L andlord's power of distress in case of bankruptcy
- S. 39P ostponement of claims
- S. 40R elation back of trustee's title
- S. 41D escription of bankrupt's property divisible amongst creditors
- S. 42P rovisions as to second bankruptcy
- S. 43(1) Where a creditor has issued execution against the goods or lands of a Restriction of rights of
- S. 44D uties of sheriff as to goods taken in execution
- S. 45A voidance of certain settlements
- S. 46A voidance of general assignments of book debts unless registered
- S. 47A voidance of preference in certain cases
- S. 48Subject to the foregoing provisions of this Act with respect to the effect of Protection ofbona fide
- S. 49V alidity of certain payments to bankrupt and assignee
- S. 50R ecovery of property transferred without knowledge of receiving order
- S. 51D ealings with undischarged bankrupt
- S. 52(1) The trustee shall, as soon as may be, take possession of the deeds, books Possession of property
- S. 53Any person acting under warrant of the court may seize any part of the Seizure of property of
- S. 54(1) Where the bankrupt is a member of the Defence Force, or a public officer, Appropriation of
- S. 55V esting and transfer of property
- S. 56D isclaimer of onerous property
- S. 57P owers of trustee to deal with property
- S. 58P owers exercisable by trustee with permission of committee of inspection
- S. 59P ower to allow bankrupt to manage property
- S. 60The trustee may from time to time, with the permission of the committee of Allowance to bankrupt
- S. 61R ight of trustee to inspect goods pawned, etc.
- S. 62L imitation of trustee's powers in relation to copyright
- S. 63Where the official receiver or trustee has seized or disposed of any goods, Protection of official
- S. 64(1) Subject to the retention of such sums as may be necessary for the costs of Declaration and
- S. 65(1) In the case of partners the joint estate shall be applicable in the first Joint and separate
- S. 66(1) In the calculation and distribution of a dividend the trustee shall make Provision for creditors
- S. 67Any creditor who has not proved his debt by the latest date for lodging proofs Right of creditor who
- S. 68(1) Where a debt has been proved, and the debt includes interest, or any Interest on debts
- S. 69No action for a dividend shall lie against the trustee, but, if the trustee refuses No action for dividend
- S. 70The bankrupt shall be entitled to any surplus remaining after payment in full of Right of bankrupt to
- S. 71A ppointment of official receiver and assistant official receivers
- S. 72A ppointment of acting and deputy official receiver
- S. 73S tatus of official receiver
- S. 74D uties of official receiver as regards debtor's conduct
- S. 75D uties of official receiver as regards debtor's estate
- S. 76O fficial name of trustee
- S. 77P ower to appoint joint or successive trustees
- S. 78P roceedings in case of vacancy in office of trustee
- S. 79D iscretionary powers of trustee and control thereof
- S. 80If the bankrupt or any creditor, or any other person, is aggrieved by any act or Appeal to court
- S. 81C ontrol of official receiver over trustees
- S. 82(1) Where the creditors appoint any person to be trustee of a debtor's estate, Remuneration of
- S. 83A llowance and taxation of costs
- S. 84The trustee or official receiver shall, whenever required by any creditor so to Trustee to furnish list
- S. 85T rustee to furnish statement of accounts
- S. 86B ooks to be kept by trustee
- S. 87(1) Every trustee in a bankruptcy shall from time to time, as may be prescribed, Annual statement of
- S. 88T rustee not to pay into private account
- S. 89B ankruptcy Estates Account
- S. 90I nvestment of surplus funds
- S. 91(1) Every trustee shall, at such times as may be prescribed, but not less than Audit of trustee's
- S. 92(1) When the trustee has realised all the property of the bankrupt, or so much Release of trustee
- S. 93If a receiving order is made against a trustee, he shall thereby vacate his office Office of trustee
- S. 94R emoval of trustee
- S. 95J urisdiction in bankruptcy
- S. 96J udge may exercise his powers in chambers
- S. 97J urisdiction in bankruptcy of registrar
- S. 98G eneral powers of bankruptcy courts
- S. 99P ower to make receiving order in lieu of committal order
- S. 100A ppeals in bankruptcy
- S. 101D iscretionary powers of court
- S. 102C onsolidation of petitions
- S. 103P ower to change carriage of proceedings
- S. 104C ontinuance of proceedings on death of debtor
- S. 105P ower to stay proceedings
- S. 106P ower to present petition against one partner
- S. 107P ower to dismiss petition against some respondents only
- S. 108Where a receiving order has been made on a bankruptcy petition by or Property of partners to
- S. 109A ctions by trustee and bankrupt's partners
- S. 110A ctions on joint contracts
- S. 111P roceedings in partnership name
- S. 112C ourts to be auxiliary to other Commonwealth courts
- S. 113Where the court commits any person to prison, the commitment may be to Commitment to prison
- S. 114A receiving order shall not be made against any corporation or against any Exclusion of
- S. 115Subject to such modifications as may be made by general rules under this Limited partnerships
- S. 116P rivilege of Parliament
- S. 117S mall estates
- S. 118A dministration in bankruptcy of estate of person dying insolvent
- S. 119P ower to make general rules
- S. 120F ees and percentages
- S. 121(1) The Chief Justice, on the recommendation of the Remuneration Committee Remuneration
- S. 122A udit of accounts of official receiver
- S. 123G azette to be evidence
- S. 124E vidence of proceedings at meetings of creditors
- S. 125Any petition or copy of a petition in bankruptcy, any order or certificate or copy Evidence of
- S. 126S wearing of affidavits
- S. 127D eath of debtor or witness
- S. 128C ertificate of appointment of trustee
- S. 129C ertificate of acts of official receiver
- S. 130(1) Where by this Act or general rules any limited time from or after any date Computation of time
- S. 131S ervice of notices
- S. 132(1) No proceeding in bankruptcy shall be invalidated by any formal defect or by Formal defects not to
- S. 133R epealed by Act No. 17 of 1994
- S. 134A cting of corporations, partners, etc.
- S. 135Save as provided in this Act, the provisions of this Act relating to the
- S. 136U nclaimed and undistributed dividends or funds
- S. 137I ndivisible balances
- S. 138F raudulent debtors
- S. 139Where a person who has been adjudged bankrupt in Zambia or adjudged bankrupt obtaining
- S. 140F rauds by bankrupts, etc.
- S. 141B ankrupt guilty of gambling, etc.
- S. 142(1) Any person who has been adjudged bankrupt or in respect of whose estate Bankrupt failing to
- S. 143B ankrupt absconding with property
- S. 144F alse claim, etc.
- S. 145C riminal liability after discharge or composition
- S. 146G eneral penalty
- S. 147In a charge for an offence under this Act it shall be sufficient to set forth the Form of charge
- S. 148A statement or admission made by any person in any compulsory Evidence as to frauds
- S. 149Where the Attorney-General is satisfied that the legislature of any other Declaration of
- S. 150Where a receiving order or order of adjudication or any appointment of a Effect of receiving
- S. 151V esting of bankruptcy's property in trustee appointed in reciprocating country
- S. 152P owers of official receiver, etc., appointed in reciprocating country
- S. 153Every official receiver, interim receiver, special manager or trustee of or Official receiver to act
- S. 154(1) Every request to act as agent as aforesaid shall be made in the manner Mode of requesting
- S. 155D uties of official receiver acting as agent
- S. 156Where a receiving order or an order of adjudication has been made in a Transmission of proofs
- S. 157P ower of court to make orders under sections 11 and 25
- S. 158E nforcement of warrants of reciprocating court
- S. 159L imitation on powers of court to entertain proceedings
- S. 160C oncurrent bankruptcies
- S. 161P ower of official receiver, etc., to require official receiver in reciprocating
- S. 162P ower to make rules under Part IX
- S. 163(1) The British Acts set forth in the Third Schedule are hereby repealed in so Repeals and savings
- S. IPRELIMINARYPART I PRELIMINARY
- S. IIPROCEEDINGS FROM ACT OF BANKRUPTCY TO DISCHARGEPART II PROCEEDINGS FROM ACT OF BANKRUPTCY TO DISCHARGE
- S. IIIADMINISTRATION OF PROPERTYPART III ADMINISTRATION OF PROPERTY
- S. IVOFFICIAL RECEIVER AND STAFFPART IV OFFICIAL RECEIVER AND STAFF
- S. IXPROVISIONS FOR RECIPROCITY WITH OTHER COUNTRIESPART IX PROVISIONS FOR RECIPROCITY WITH OTHER COUNTRIES
- S. VTRUSTEES IN BANKRUPTCYPART V TRUSTEES IN BANKRUPTCY
- S. VICONSTITUTION, PROCEDURE AND POWERS OF COURTPART VI CONSTITUTION, PROCEDURE AND POWERS OF COURT
- S. VIISUPPLEMENT PROVISIONSPART VII SUPPLEMENT PROVISIONS
- S. VIIIBANKRUPTCY OFFENCESPART VIII BANKRUPTCY OFFENCES
- S. XREPEALSPART X REPEALS