No. 7/2018
INSOLVENCY
Cap.6:07
(3) The setting aside of a disposition made by a debtor in terms of section 24,
26 or 27 shall not discharge a surety for the debtor.
31
Set-off
Where(a)
two persons have entered into a transaction the result whereof is a set off,
wholly or in part, of debts which they owe one another and the estate of
one of them is liquidated within a period of six months after the taking
place of the set off; or
(b)
a person who had a claim against another person (hereinafter in this
section referred to as the debtor) has ceded that claim to a third person
against whom the debtor had a claim at the time of the cession, with the
result that the one claim has been set off, wholly or in part, against the
other, and \Vithin a period of one year after the cession the estate of the
debtor is liquidated;
then the liquidator of the insolvent estate may in either case abide by the set off or may,
if the set off was not effected in the ordinary course of business, disregard it and call
upon the person in question to pay to the estate the debt which he or she would have
owed it but for the set off, and thereupon that person is obliged to pay that debt and
may prove a claim against the estate as if no set off had taken place.
32
Payment of debt to debtor after liquidation
If on or after the date of liquidation of a debtor's estate a debtor of the insolvent
pays to the insolvent a debt that was due before the date of liquidation, or otherwise
fulfils any obligation towards the insolvent the cause of which arose before the date of
liquidation, such payment or such fulfillment is of no force or effect, unless the debtor
proves that it was made or done in good faith without knowledge on his or her part of
the liquidation.
33
Institution of proceedings on behalf of insolvent estate
(l) Proceedings for the setting aside of any disposition of property made by
a debtor or for the recovery of any debt, asset, compensation, penalty or benefit of
whatever kind for the benefit of the insolvent estate of the debtor may be instituted by
the liquidator and, if the liquidator fails to take any such steps, they may be taken by
any creditor on behalf of the insolvent estate upon having indemnified the liquidator
against all costs thereof to the reasonable satisfaction of the liquidator.
(2) If any creditor has taken proceedings under subsection (l), no creditor who
was not a party to the proceedings may derive any benefit from any moneys or from
the proceeds of any property recovered as a result of such proceedings before the claim
and costs of every creditor who was a party to such proceedings have been paid in full.
(3) In any such proceedings the debtor, or the management of a debtor, may be
compelled to give evidence on a subpoena issued on the application of any party to the
proceedings, or he or she may be called upon by the court to give evidence and section
57(6) applies with the necessary changes to the giving of evidence at such proceedings.
(4) In any such proceedings under section 24 or 26 it is presumed, until the
contrary has been proved, that the liabilities of the debtor exceeded the value of his
or her assets at any time within one year before the date of the presentation of the
application for liquidation.
(5) When the court sets aside any disposition of property it must declare the
liquidator entitled to recover the alienated property, or in default of such property the
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