Cap. 6:07
INSOLVENCY
No. 7/2018
(4) A creditor \vho delayed proving his or her claim pending the outcome of
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. is not entitled to share in the distribution
of any money or the proceeds of property recovered as a result of such proceedings.
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Conditional claims
(1) A creditor who has a claim against an insolvent estate which is dependent
upon the fulfilment of a condition, may request the liquidator to place a value on the
claim.
(2) If a liquidator places a value on a claim referred to in subsection (I), he or
she must indicate in writing the grounds on which he or she arrived at the valuation.
(3) The valuation of a conditional claim by a liquidator is subject to review by
the Court on application of the creditor.
(4) After a conditional claim has been valued as contemplated in this section,
the claim may be proved by the creditor for the amount of the valuation.
(5) If the condition upon which a claim is dependent is fulfilled before the
inclusion of the amount referred to in subsection (4) in a proposed distribution account,
the claim may be proved in full.
(6) If the condition is fulfilled after provision has already been made in a
distribution account for the claim contemplated in subsection (4), the balance of the
claim may be proved in terms of the provisions relating to the late proof of claims.
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Arrear interest and debt due after liquidation
(I) A creditor may prove a claim against an insolvent estate in respect of a
capital debt and interest thereon which has accrued at the date of liquidation.
(2) No claim may be proved for interest which accrues after the date of
liquidation, but such interest is payable in the circumstances set out in sections 84(2)
and 89( 15).
(3) The capital amount of a debt that becomes payable after the date of
liquidation must be reduced by twelve per cent of that amount per annum compounded
monthly on completed months from the date of liquidation to the date on which the
debt becomes payable.
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Withdrawal of claim
(I) A creditor who has proved a claim against an insolvent estate may withdraw
his or her claim by standard notice to the liquidator.
(2) A liquidator who receives a notice of withdrawal of a claim must give
standard notice of the withdrawal to the Master.
(3) A creditor who has withdrawn his or her claim remains liable for his or her
pro rata share of the costs of liquidation up to the date when the notice of \Vithdrawal
was received by the liquidator.
(4) A creditor \Vho has withdrawn his or her claim may by standard notice to
the liquidator cancel the withdrawal, but if he or she does so he or she is not entitled to
payment of his or her claim out of the estate until all other creditors who have proved
claims have been paid in full.
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