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Description of bankrupt’s property divisible amongst creditors
Cap. 244, s. 40 · Revised Edition 2020
(1) The property of the bankrupt divisible amongst his creditors, and in this Act referred to as the property of the bankrupt, shall not comprise the following particulars,
(a) property held by the bankrupt in trust for any other person;
(b) the tools (if any) of his trade, and the necessary wearing apparel and bedding of himself, his wife and children, to a value,
inclusive of tools and apparel and bedding,
not exceeding one hundred dollars in the whole.
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(2) The property of the bankrupt shall comprise the following particulars,
(a) all such property as may belong to or be vested in the bankrupt at the commencement of the bankruptcy, or may be acquired by or devolve on him before his discharge;
(b) the capacity to exercise and to take proceedings for exercising all such powers in or over or in respect of property as might have been exercised by the bankrupt for his own benefit at the commencement of his bankruptcy or before his discharge;
(c) all goods, being at the commencement of the bankruptcy in the possession, order, or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof,
Provided that things in action other than debts due or growing due to the bankrupt in the course of his trade or business, shall not be deemed goods within the meaning of this section.
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