Can a bankrupt be sued for damages for personal injury?

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asked on Nov 6, 2012 at 21:49
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We are suing a defendant who is an undischarged bankrupt for damages for personal injury. Do we need to obtain a sanction from the official assignee before serving a writ on him?

s38(1) provides that an undischarged bankrupt is incompetent to maintain any action (other than an action for damages in respect of an injury to his person) without the sanction of the official assignee.

What does "maintain" mean? Does it merely mean that an undischarged bankrupt cannot commence a proceeding against another?

I went to the Insolvency Department just now and one of the officer (who is not an official assignee) told me that a sanction is not required if we are going to issue a proceeding against the defendant. I was told that we can commence the proceedings and the defendant will have to obtain a sanction in order to file a defence.

Can any one shed some light on this issue? I do not want to risk the writ being struck out.
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answered on Nov 6, 2012 at 22:26
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We are suing a defendant who is an undischarged bankrupt for damages for personal injury. Do we need to obtain a sanction from the official assignee before serving a writ on him?
No need sanction, but you would be stupid to sue.

s38(1) provides that an undischarged bankrupt is incompetent to maintain any action (other than an action for damages in respect of an injury to his person) without the sanction of the official assignee.
What does "maintain" mean? Does it merely mean that an undischarged bankrupt cannot commence a proceeding against another?

It means that a bankrupt cannot sue somebody without permission and if he is in the process of suing somebody when he becomes bankrupt, the lawsuit has to stop.

I went to the Insolvency Department just now and one of the officer (who is not an official assignee) told me that a sanction is not required if we are going to issue a proceeding against the defendant. I was told that we can commence the proceedings and the defendant will have to obtain a sanction in order to file a defence.
You must be talking to the cleaner or something.
A bankrupt does not need permission to file a defence.
He can choose to defend in the normal way ( but he cannot counter-sue ) or he can use "bankruptcy" as a defence.  If he uses "bankruptcy" as a defence, then your writ/summons will be thrown out.
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answered on Nov 7, 2012 at 00:41
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bro the person is already bankrupt some more u want to sue - have a heart - GOD is watching

no need to sue for damages - u are wasting your time

if then person had money then he would not be a bankrupt

also be kind and if possible in his time of need and GOD will help you
- but if u keep disturbing - then await GOD's wrath - as GOD is always with the meek, with helpless

please just just to resolve in the most amicable way without trying to put oil into the fire as you also may be consumed by the same fire
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answered on Nov 7, 2012 at 03:21
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Why do you want to get from a bankrupt person?
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answered on Nov 7, 2012 at 13:03
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God was created by men.
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answered on Mar 19, 2014 at 05:53
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Just because you are adjudged bankrupt, doesnt mean that you dont have money. But yes, in most cases a bankrupt is a poor person.

Still, there are cases where bankrupt becomes sudden rich by way of inheritance or old debt recovered (where this bankrupt is also a creditor) or he simply just won a lottery.

In provable debt (liquidated damages, e.g. arise of a broken contract), no need to take action to sue a bankrupt. U just go straight away file the Proof of Debt with the Insolvency.

As in your case, a sanction is actually out of question, since action for personal injury is not a provable debt unless until a judgment is entered. What u need to do is to apply a court leave to intervene into the bankruptcy action first, then another court leave under s. 8 (1) to take action against a bankrupt for the personal injury. Then if succeed, u can file the writ. Make sure the statement of claim mentions that Defendant is an undischarged bankrupt but a leave to proceed has been obtained. The intitulment also need to mention that Defendant is a bankrupt. And dont forget to serve a copy on Insolvency too.
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