No. 7/2018
INSOLVENCY
Cap.6:07
(2) The said Commissioner shall \Vith due consideration of the provisions
of section 57(6) investigate whether criminal proceedings should be instituted in the
matter.
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Proof of record of proceedings of meetings of creditors
(I) Any record purporting to be a record of the proceedings at a meeting of the
creditors of an insolvent estate or an examination held under this Act and purporting
to have been signed by a person describing himself or herself as Master or magistrate
or other presiding officer or commissioner shall, upon its mere production in judicial
proceedings, unless the contrary is proved, be proof of the proceedings recorded therein.
(2) Unless the contrary is proved, it shall be presumed that any meeting of
creditors or any questioning referred to in subsection (I) was duly convened and held
and that all acts performed thereat were validly performed.
PART XII
CLAIMS
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Claim by partnership creditor against estate of insolvent partner
When the estate of a partner is liquidated without the partnership being placed in
liquidation-
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(a)
the partnership is dissolved; and
(b)
until the debts of the partnership have been settled in terms of the
dissolution of the partnership, any claim by a creditor of the partnership
against that estate of the partner must be tendered as an unliquidated claim
in terms of section 66(10).
Claims against partnerships
When the estate of a partnership and the estates of the partners are under
liquidation-
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(a)
a claim for a partnership debt must be proved against the partnership
estate despite liability of a partner for the debt; and
(b)
a shortfall on the claim against the partnership is admitted without formal
proof as a claim against each of the estates of the partners who are liable
for the debt; and
(c)
any balance in the partnership estate after payment of the debts is
distributed amongst the estates of the partners in so far as the partner
would have been entitled to such a balance upon the dissolution of the
partnership.
Proof of claims
( l) Any person who has a liquidated claim against an insolvent estate, the cause
of which arose on or before the date of liquidation of the estate, or the authorised agent
of that person, may at any time before the final distribution of the estate, but subject
to section 67, prove that claim against the estate.
(2) A claim against an insolvent estate must be admitted at a meeting of creditors
of the estate if it has been proved to the satisfaction of the presiding officer on the face
of the claim form, documents in connection with the claim submitted by the creditor
or another person, if any, and on the evidence, if any, by the creditor.
(3) If the claim has not been proved in this manner, the presiding officer must
reject it.
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