Cap. 6:07
iNSOLVENCY
No. 7/2018
(I 0) If a creditor whose claim is secured by a special bond has not proved
his or her claim and the liquidator is satisfied that the debt in question has not been
discharged or abandoned, he or she must deposit with the Master for payment into
the Guardians' Fund the proceeds of the sale of the former mortgagee's security to an
amount not exceeding the capital amount of the mortgage and arrears of interest for
which the mortgagee would have been a secured creditor, after deduction of an amount
equal to the costs which the secured creditor would have had to pay if he or she had
proved a claim and had stated in the affidavit lodged in support of his or her claim that
he or she relied for the satisfaction of his or her claim solely on the proceeds of the
sale of the said property.
(II) The amount so deposited or the part thereof to which the former mortgagee
is entitled must be paid to him or her if, within a period of one year after confirmation
of the relevant distribution account, he or she applies therefor to the Master and the
Master is satisfied that he or she is entitled to the amount or part thereof.
( 12) Any amount deposited \Vith the Master in terms of subsection ( 10) which
has not been paid out to the former mortgagee in terms of that subsection must, after
the expiry of the year mentioned in that subsection, be distributed among the creditors
who have proved claims against the insolvent estate prior to the confirmation of the
said distribution account, as if the amount had, at the time of such confirmation, been
available for distribution among them.
( 13) Any creditor claiming to be entitled to share in the said distribution must
apply in writing to the Master for payment of his or her share, and the Master may pay out
to such creditor or may hand the money to the liquidator, if any, for distribution among
the creditors entitled thereto, or, if there is no liquidator, may appoint a liquidator on
such conditions as the Master may think fit for the purpose of making such distribution.
( 14) Any liquidator charged with the duty of making such a distribution must
lodge with the Master a supplementary account in respect thereof and the provisions
of this Act relating to an account apply in respect of such supplementary account.
85
Security in respect of reserved ownership or financial lease
(I) If a creditor could immediately before the liquidation of the estate of a
debtor assert his or her ownership or security interest to property delivered to a debtor
under a reservation of mvnership contract or a financial lease, the property is, subject
to the rights of other secured creditors, upon the liquidation of the estate of the debtor
deemed to be held by the creditor or his or her successor in title (herein referred to as
the creditor) as security for the amount outstanding in respect of the purchase price of
the property or the balance owing on the financial lease.
(2) If property referred to in subsection ( 1) was returned by the debtor to the
creditor within three months before the date of liquidation of the debtor's estate, the
liquidator may demand from the creditor that he or she deliver to the liquidator the
property or its value at the date when it was returned to him or her, subject to payment
to the creditor by the liquidator or to deduction from the value (as the case may be)
of the difference between the total amount payable under the transaction and the total
amount actually paid.
86
Security in respect of landlord's hypothec
(I) A landlord's hypothec confers a preference with regard to the property which
is subject to the hypothec for rent due in respect of the period immediately prior to the
date of liquidation, but not exceeding rent for a period of-
261
Select target paragraph3
Add to table of contents