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Restriction of rights of creditors under execution or attachment

Cap. 244, s. 41 · Revised Edition 2020

(1) Where a creditor has issued execution against the goods of a debtor or has attached any debt due to him, he shall not be entitled to retain the benefit of the execution or attachment against the trustee in bankruptcy of the debtor, unless he has completed the execution or attachment before the date of the receiving order, and before notice of the presentation of any bankruptcy petition by or against the debtor, or of the commission of any available act of bankruptcy by the debtor. (2) For the purposes of this Act, an execution against goods is completed by seizure and sale, and an attachment of a debt by receipt of the debt. 46
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