Bankruptcy Act

This Act may be cited as the Bankruptcy Act.

In this Act -

"affidavit"

includes statutory declaration, affirmation and attestation on honour;

"available act of bankruptcy" means any act of bankruptcy available for a bankruptcy petition at the date of the presentation of the petition on which the receiving order is made;

"bailiff' means any person appointed to be a bailiff under any rule of Court and includes the Chief Bailiff and deputy bailiffs;

"Court" means the Supreme Court sitting in its bankruptcy jurisdiction;

"debt provable in bankruptcy" or "provable debt" includes any debt or liability by this Act made provable in bankruptcy;

"first meeting of creditors" means the meeting referred to in section 17(1);

"goods" includes all chattels personal;

"oath" includes affirmation, declaration and attestation on honour;

"ordinary resolution" means a resolution decided by a majority in value of the creditors present, personally or by proxy, at a meeting of creditors and voting on the resolution;

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Bankruptcy

"prescribed" means prescribed by general rules within the meaning of this Act;

"property" includes money, goods, things in action, land and every description of property, whether real or personal and whether situate in Brunei Darussalam or elsewhere, also obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined;

"receiving order'' means a receiving order made under section 5;

"Registrar" means the Registrar of the Supreme Court and includes the Chief Registrar, Deputy Registrar and Assistant Registrar;

"resolution" means ordinary resolution;

"secured creditor" means a person holding a mortgage, charge or lien on the property of the debtor or any part thereof, as a security for a debt due to him from the debtor;

"special resolution" means a resolution decided by a majority in number and three-fourths in value of the creditors present, personally or by proxy, at a meeting of creditors and voting on the resolution;

"trustee" means the trustee in bankruptcy of a debtor's estate.