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COMMONWEALTHAct
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s 185K

Prevention of proceedings relating to debts

In force
Part IXDebt agreements
Division 3Making a debt agreement

185K Prevention of proceedings relating to debts

(1)

While a debt agreement is in force and details of it are entered on the National Personal Insolvency Index, a creditor cannot:

(a)

present a creditor’s petition against the debtor; or

(b)

proceed further with a creditor’s petition that was presented against the debtor before details of the debt agreement were entered in the Index; or

(c)

enforce a remedy against the debtor’s person or property, or start or take a fresh step in legal proceedings, in respect of a provable debt.

(2)

Paragraph (1)(c) does not prevent a creditor from enforcing a remedy against the debtor or the debtor’s property for a liability under one or more of the following:

(a)

a maintenance agreement;

(b)

a maintenance order;

(c)

a proceeds of crime law.

(3)

While a debt agreement is in force and details of it are entered on the National Personal Insolvency Index:

(a)

a sheriff must not take action, or further action, to execute, or sell property under, any process issued by a court to enforce payment of a provable debt owed by the debtor; and

(b)

a person who is entitled under a law of the Commonwealth, or of a State or Territory, to retain or deduct money from money that is or will be owing or payable to the debtor must not retain or deduct money.

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Section 185K — Prevention of proceedings relating to debts — Bankruptcy Act 1966 (Commonwealth) — Barrister AI