Cap. 6:07
INSOLVENCY
No. 7/2018
(5) If a claim has been reduced or disallmved by a liquidator in terms of section
67(4) the creditor is, unless the claim is subsequently admitted by means of compromise
or proved in action at law, liable to pay a contribution, in respect of costs incurred before
the date of notice referred to in the said subsection on the amount of the claim before
the claim was reduced or disallowed, and in the case of a reduced claim in respect of
costs incurred after the date of the said notice, on the amount to which the claim ''as
reduced by the liquidator.
105 Enforcing payment of contribution
(I) If a creditor who is liable to contribute in terms of an account has failed to
pay the amount of his or her liability within a period of 30 days after the date of the
sending or delivery to him or her of a notice referred to in section I 0 I (2), the liquidator
may take out a warrant of execution for the amount of the creditor's liability in the
magistrate's Court in which the creditor could have been sued for the contribution in
question.
(2) Whenever a creditor who is liable to contribute in terms of an account is
unable to pay the contribution for which he or she is liable, or whenever the liquidator
has incurred expenses in connection with the recovery of any contribution, which
expenses are irrecoverable, the liquidator must as soon as practicable and in any event
within such period as the Master may prescribe, frame and lodge with the Master a
supplementary contribution account wherein he or she must apportion the share of the
creditor who is unable to pay or the expenses in question among the other creditors
who are able to pay.
(3) Subsection (2) applies with the necessary changes \vhenever a creditor who
is liable to contribute in terms of a first or further supplementary account is unable
to pay the contribution for which he or she is liable, or whenever the liquidator has
incurred expenses in connection with the recovery of a contribution in terms of a first
or further supplementary account which is irrecoverable by the liquidator.
(4) The liquidator may in lieu of complying with section 98 in connection with
any supplementary contribution account, send a copy of that account by liquidator's
notice to every creditor who is liable to contribute and thereupon subsection (I) applies
with the necessary changes.
PART XIX
REHABILITATION OF NATURAL PERSONS
106 Rehabilitation
(I) A debtor who is a natural person may, subject to subsection (2), apply to
the Court for an order for his or her rehabilitation(a) at any time after the confirmation by the Master of a distribution account
providing for the full payment of all claims proved against the estate,
with interest thereon from the date of liquidation, calculated in terms of
section 89( 15) and ( 16) and all costs of liquidation; or
(b) at any time after the Master has issued a certificate of acceptance of a
composition as contemplated in section 120; or
(c) in any other case after the expiration of four years from the date of the
confirmation by the Master of the first liquidation account in the estate.
(2) In the case where a debtor has been convicted, in respect of the existing or
any prior insolvency, of an offence referred to in section 150( l)(a), (b), (d). (e) or (g)
or 2(e) or (f) or of any other fraudulent act, the debtor may not apply to the Court for
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