Cap. 6:07
INSOLVENCY
No. 7/2018
PARTB
APPLICABLE STATUTORY PROVISIONS
The debtor declares that he or she is mvare of the following statutory pro\·isions
in connection with his or her application:
If the composition provides for the payment of a cash amount for distribution
among creditors, the amount must, pending the outcome of the offer of composition,
be paid to the administrator,
If a debtor incurs debt during the period from lodging the composition with the
administrator until creditors have voted on the composition, he or she must notify
the creditor who offers him or her credit of the pending composition and provide full
particulars concerning the said debt incurred by him or her to the administrator, During
the said period or after a composition has been accepted, a debtor must not alienate,
encumber or voluntarily dispose of any property which is to be made available to
creditors in terms of the composition or do anything which can impede compliance with
the composition. A debtor who contravenes these provisions is guilty of an offence.
If the composition provides for payments by the debtor in determined instalments
or otherwise, the acceptance of the composition has the effect of a judgment in terms
of section 18 of the Magistrates' Courts Act [Chapter 7:10 I and shall enforced by the
Court upon registration by the interested party in respect of the payments. Any person
who in terms of the composition is to receive the payments on behalf of creditors, or
if there is no such person, any creditor who is in terms of the composition entitled to
a benefit out of the payments, has the rights which a judgment creditor would have in
terms of the section.
The administrator may revoke the composition for good reasons, including the
following-
!.
If the debtor does not comply with his or her obligations in terms of the
composition; or
2.
If the debtor gives false information in his or her statement or in the course
of the questioning; or
3.
If the debtor gives a benefit in respect of a claim which falls under the
composition to a creditor on whom the composition is binding and who
is not entitled to the benefit in terms of the composition.
PARTC
INCOME AND EXPENDITURE
The name and business address of the debtor's employer or. if the debtor is not employed,
the reason why he or she is not employed: ....
The debtor's trade or vocation and his or her gross weekly or monthly income as well
as the income of his or her spouse living in with him or her, and particulars of all
deductions therefrom by way of debit order or otherwise, supported as far as possible
by written statements by the employer of the debtor or his or her spouse: ...
A detailed list of the debtor's weekly or monthly necessary expenses and the expenses of
persons who are dependent on him or her, including the travelling expenses of the debtor
or his or her spouse to and from work and such expenses of his or her children to and
from school, and expenses required to retain assets that are subject to the composition:
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