Cap. 6:07
iNSOLVENCY
No. 7/2018
PART II
MANNERS IN WHICH DEBTOR MAY BE LIQUIDATED
4
Application by debtor for liquidation of estate of natural person or
partnership
(l) A natural person, a partnership, a person \\ho lawfully acts on behalf of a
natural person who is incompetent to manage his or her own affairs, or the executor of
the estate of a deceased person, may apply to a Court for the liquidation of the estate
of the debtor.
(2) The application must contain the(a)
full name and date of birth of the debtor and, if an identity number has
been assigned to him or her, that identity number;
(b)
any other names under which the debtor traded;
(c)
the marital status of the debtor:
Provided that if an applicant is unable to comply with any of the requirements
of subsection (2), the Court may dispense \Vith such requirement if the applicant has
been satisfactorily identified by other means.
(3) The particulars in subsection (2) must appear in the heading of the
application.
(4) An application referred to in subsection (l) must be accompanied by(a)
a statement of affairs of the debtor corresponding substantially with Form
A of the First Schedule;
(b)
a certificate of the Master, issued not more than 14 days before the date on
which the application is to be heard by the Court, that sufficient security
has been given for the payment of all costs in respect of the application
that might be awarded against the applicant, and all costs of the liquidation
of the estate that may be incurred until the appointment of a liquidator in
terms of section 41.
(5) Before noon on the fifth Court day before the day on which the application
is to be heard by the Court, the applicant must lodge the application with the registrar
of the Court for enrolment and send a copy of the application and two copies of the
statement of affairs referred to in subsection (4)(a) as well as a copy of the affidavit in
support of the application, by standard notice to the Master.
(6) The affidavit in support of the application for liquidation referred to in
subsection (I) must confirm that the requirements of subsection (5) have been complied
with.
(7) The Master may require the applicant to cause the property enumerated in
the statement of affairs to be valued by an appraiser or some other person approved b)
the Master.
(8) Having considered the application, the Court may(a)
make an order contemplated in section 14 or 15 if(i)
the debtor is unable to pay his or her debts in accordance with section
3;and
(ii)
the liquidation of the estate of the debtor will be to the advantage
of his or her creditors; and
(iii)
a pre- or post-liquidation composition, where applicable, \\ould not
be more appropriate than a liquidation order;
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