Bankruptcy Act Explained

Bankruptcy Act (with its variations) is a stock short title used for legislation in Australia, Hong Kong, Malaysia, the Republic of Ireland, the United Kingdom and the United States relating to bankruptcy. The Bill for an Act with this short title will usually have been known as a Bankruptcy Bill during its passage through Parliament.

Bankruptcy Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to bankruptcy.

List

Australia

• The Bankruptcy Act 1924
• The Bankruptcy Act 1930
• The Bankruptcy Act 1966^[1]

Hong Kong

• The Bankruptcy Ordinance 1932
• The Bankruptcy (Amendment) Ordinance 2005

Malaysia

• The Bankruptcy Act 1967

Nigeria

• The Bankruptcy Act 1979^[2]
• The Bankruptcy Act 2004

Republic of Ireland

• The Bankruptcy Act 1988 (No 27)

United Kingdom

• The Statute of Bankrupts (1542) (34 & 35 Hen. 8. c. 4)
• The act 21 Jas. 1. c. 19 is sometimes called the Bankruptcy Act 1623^[3]
• The Bankruptcy Act 1705
• The act 6 Geo. 4. c. 16 is sometimes called the Bankruptcy Act 1825
• The act 5 & 6 Vict. c. 122^[4] is sometimes called the Bankruptcy Act 1842^[5] or the Bankruptcy Amendment Act 1842.^[6]
• The Bankrupt Law Consolidation Act 1849 (12 & 13 Vict. c. 106)^[7]
• The act 15 & 16 Vict. c. 77 is sometimes called the Bankruptcy Act 1852^[8] or the Secretary of Bankrupts Office Abolition Act^[9]
• The Bankruptcy Act 1854 (17 & 18 Vict. c. 119)
• The Bankruptcy Act 1861 (24 & 25 Vict. c. 134)
• The act 25 & 26 Vict. c. 99 is sometimes called the Bankruptcy Amendment Act 1862^[10]
• The Bankruptcy Amendment Act 1868 (31 & 32 Vict. c. 104) popularly called Moffatt's Act^[11]
• The Bankruptcy Act 1869 (32 & 33 Vict. c. 71)
• The Bankruptcy Repeal and Insolvent Court Act 1869 (32 & 33 Vict. c. 83)
• The Bankruptcy Disqualification Act 1871 (34 & 35 Vict. c. 50)
• The Bankruptcy and Deeds of Arrangement Act 1913 (3 & 4 Geo. 5. c. 34)
• The Bankruptcy Act 1914 (4 & 5 Geo. 5. c. 59)
• The Bankruptcy (Amendment) Act 1926 (16 & 17 Geo. 5. c. 7)

The Bankruptcy Acts 1883 to 1890 was the collective title of the following Acts:^[12]

• The Bankruptcy Act 1883 (46 & 47 Vict. c. 52)
• The Bankruptcy Appeals (County Courts) Act 1884 (47 & 48 Vict. c. 9)
• The Bankruptcy (Office Accommodation) Act 1885 (48 & 49 Vict. c. 47)
• The Bankruptcy (Office Accommodation) Act 1886 (49 & 50 Vict. c. 12)
• The Bankruptcy (Discharge and Closure) Act 1887 (50 & 51 Vict. c. 66)
• The Preferential Payments in Bankruptcy Act 1888 (51 & 52 Vict. c. 62)
• The Bankruptcy Act 1890 (53 & 54 Vict. c. 71)

Scotland

• The Bankruptcy (Scotland) Amendment Act 1860 (23 & 24 Vict. c. 33)
• The Bankruptcy (Scotland) Act 1913 (3 & 4 Geo. 5. c. 20)
• The Bankruptcy (Scotland) Act 1985 (c. 66)
• The Bankruptcy (Scotland) Act 1993 (c. 6)
• The Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

The Bankruptcy (Scotland) Acts 1856 to 1881 was the collective title of the following Acts:^[13]

• The Bankruptcy (Scotland) Act 1856 (19 & 20 Vict. c. 79)
• The Bankruptcy and Real Securities (Scotland) Act 1857 (20 & 21 Vict. c. 19)
• The Bankruptcy (Scotland) Act 1875 (38 & 39 Vict. c. 26)
• The Debtors (Scotland) Act 1880 (43 & 44 Vict. c. 34)
• The Bankruptcy and Cessio (Scotland) Act 1881 (44 & 45 Vict. c. 22)

Ireland

• The Irish Bankrupt and Insolvent Act 1857 (20 & 21 Vict. c. 60)
• The Bankruptcy (Ireland) Amendment Act 1872 (35 & 36 Vict. c. 58)

United States

• The Bankruptcy Act of 1841 – ch. 9,, 1841-04-19
• The Bankruptcy Act of 1867 -, 1867-03-02
• The Bankruptcy Act of 1898 – Nelson Act, July 1, 1898, ch. 541,
• The Bankruptcy Act of 1938
• The Bankruptcy Reform Act of 1978 –
• The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 -

Vancouver Island

• The Bankruptcy Act 1862^[14]

See also

• List of short titles
• Bankruptcy in the Republic of Ireland
• Bankruptcy in the United Kingdom
• Bankruptcy in the United States

Notes and References

1. Paul Whichelo Nichols and Michael Murray. Annotated Bankruptcy Act 1966. Seventh Edition. LexisNexis Butterworths Australia. 2019. Google Books. Australian Bankruptcy Act 1966: With Regulations and Rules. Eleventh Edition. CCH Australia. 2011. Google Books.
2. Ezejiofor, Okonkwo, and Ilegbune.Nigerian Business Law. Sweet & Maxwell. 1982. Page 427 and passim. Google Books.
3. Browne, Denis. Ashburner's Principles of Equity. Second Edition Butterworth & Co (Publishers) Limited. 1933. Page xv. Google Books. Also called the Bankrupts Act 1623: Phipson, The Law of Evidence, 6th Ed, 1921, p xi.
4. Flather, John. The New Bankrupt Act, 5 and 6 Victoria C. 122. 2nd Ed. 1842. Google Books
5. 1885
6. https://books.google.com/books?id=8n0hAQAAMAAJ 110
7. Archbold, John Frederick. The Bankrupt Law Consolidation Act, 1849. Shaw and Sons. Whittaker & Co. Hamilton, Adams & Co. London. 1849. Google Books. Wise, Edward. The Bankrupt Law Consolidation Act, 1849. John Crockford. Longman, Brown, Green and Longmans. London. 1849. Google Books. John Houston Browne and W W Ogbourne. The New Bankruptcy Act: The Bankrupt Law Consolidation Act, 1849 (12 & 13 Vict. Cap. 106). 1849. WorldCat. Shelford, Leonard.The Bankrupt Law Consolidation Act, 1849. First Edition. 1849.Second Edition. William Maxwell. 1854. WorldCat. Moseley, Edward. The Bankrupt-Law Consolidation Act, 1849, epitomised. 1849. WorldCat. Fonblanque. Reports of Cases Adjudicated in the Several Courts of the Commissioner in Bankruptcy, under the Bankrupt Law Consolidation Act, 1849. Google Books. Hertslet. The Bankrupt Law Consolidation Act, 1849. 1852. WorldCat.
8. Jemmett. The Bankruptcy Acts and Orders. 1861. p 195.
9. Paterson (ed). The Practical Statutes of the Session 1852. John Crockford. 1852. p 315.
10. George Pitt-Lewis and Charles Arnold White. The Yearly County Court Practice 1912. Butterworth & Co. Shaw & Sons. London. 1912. Page xvii. Google Books.
11. "The Bankruptcy Amendment Act, 1868". Banking Almanac, Directory, Year Book and Diary for 1869. p 46. De Gex and Smith. Second Supplement to Arrangements between Debtors and Creditors under the Bankruptcy Act, 1861. Stevens and Sons. 1869. General Orders in Law Journal. Josiah William Smith. "Some Enactments in the Act to amend the Bankruptcy Act, 1861". A Compendium of the Law of Real and Personal Property. Sixth Edition. Stevens and Sons. 1884. Volume 2. p 927. Paterson, William (ed). "Bankruptcy Act Amendment Act". Practical Statutes of the Session 1868. Horace Cox. 1868. p 249. "Bankruptcy Amendment Act, 1868" (1868) 8 Law Students' Examination Chronicle 247. Holmes, Charles A. A Supplement to Griffith & Holmes's Treatise on the Bankrupt Law: containg The Bankruptcy Amendment Act 1868 ... and the Liquidation Act 1868 .... H Sweet. Stevens and Sons. 1869.
12. The Short Titles Act 1896, section 2(1) and Schedule 2
13. The Short Titles Act 1896, section 2(1) and Schedule 2
14. https://books.google.com/books?id=Xk41AQAAMAAJ&pg=PA10 The Laws of British Columbia