Section 54E — Bankruptcy Act 1966 (Cth)

(1) Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to a creditor to whom the debtor owes a frozen debt, subsection (2) has effect throughout the remainder of that period.

(2) It is not competent for the creditor:

(a) to apply for the issue of enforcement process in respect of the debt; or

(b) to enforce a remedy against the debtor’s person or property in respect of the debt.

(3) Nothing in this section prevents a creditor from commencing a legal proceeding in respect of a debt, or from taking a fresh step in such a proceeding otherwise than in connection with enforcing a judgment.

Related sections

• s 54B — When debtor disqualified from presenting declaration
• s 54C — Acceptance or rejection of declaration
• s 54D — Official Receiver to give information to debtor
• s 54F — Duties of sheriff
• s 54G — Duty of court registrar
• s 54H — Duties of person entitled to deduct money owing to declared debtor

Research how courts apply s 54E

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