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Trustee to pay out mortgages

Section 136 of the Bankruptcy Act states that a Trustee in Bankruptcy has the power to pay out a mortgage of the debtor. This is required to enable the Trustee in Bankruptcy to realize the assets for the bankrupt estate. For example if the bankrupt holds shares but the shares are encumbered, the Trustee in Bankruptcy may firstly pay out the encumbrance before selling the shares on the open market.

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