In Re: Aleixo Conceicao Fernandes
In Re: Aleixo Conceicao Fernandes (Bankruptcy Cause No. 20/1936) [1936] EACA 143 (1 January 1936)
The court held that the existence of orders attaching the debtor's salary, which had not been implemented or realized upon, did not constitute a stay of execution within the meaning of section 3(1)(g) of the Bankruptcy Ordinance, 1930. The creditor had not taken steps to serve the attachment orders on the debtor's employer, and thus the orders were in abeyance and ineffective. The debtor had failed to comply with the bankruptcy notices and had not satisfied the Court as to any counter-claim or set-off. The court found that the requirements for an act of bankruptcy were met, and that the credi…
Source excerpt
- Bankruptcy Notice
- Receiving Order
- Act Of Bankruptcy
- Salary Attachment
- Execution Of Decree