Full legislation
s.44
Provisions as to second bankruptcy
(1)
Where a second or subsequent bankruptcy order is made against a bankrupt, or where an order is made for the administration in bankruptcy of the estate of a deceased bankrupt, then for the purposes of any proceedings consequent upon any such order the trustee in the last preceding bankruptcy shall be deemed to be a creditor in respect of any unsatisfied balance of the debts provable against the property of the bankrupt in that bankruptcy.
(Amended
76 of 1996 s. 73
)
(2)
In the event of a second or subsequent bankruptcy order being made against a
bankrupt, or in the event of an order being made for the administration in
bankruptcy of the estate of a deceased bankrupt, any property acquired by him since
he was last adjudged bankrupt, which at the date when the subsequent petition was
presented had not been distributed amongst the creditors in such 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 the provisions of
section 52
, vest in
the trustee in the subsequent bankruptcy or administration in bankruptcy as the case
may be.
(Amended
76 of 1996 ss. 32
& 73)
(3)
Where the trustee in any bankruptcy receives notice of a subsequent petition in bankruptcy against the bankrupt or after his decease of a petition for the administration of his estate in bankruptcy, the trustee shall hold any property then in his possession which has been acquired by the bankrupt since he was adjudged bankrupt until the subsequent petition has been disposed of, and if on the subsequent petition an order of adjudication or an order for the administration of the estate in bankruptcy 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 or administration in bankruptcy, as the case may be.
[cf. 1926 c. 7 s. 3 U.K.]