No. 7/2018
INSOLVENCY
Cap.6:07
an order for his or her rehabilitation before a period of five years has elapsed from the
date of the conviction in question.
(3) The Master may on the request of the debtor recommend to the Court that
an application referred to in subsection (l)(c) may be made before the expiration of
the said period of four years, but no such application may be made within a period of
12 months from the said date or, in the case \vhere the debtor's estate was liquidated
prior to the liquidation in respect of which he or she applies for rehabilitation, within
a period of three years from the said date.
(4) A debtor who wishes to apply for a rehabilitation order must(a)
send a standard notice of his or her intended application(i) in the case of an application contemplated in subsection (l)(a), to
the Master and the liquidator, not less than four weeks before the
date of the intended application; or
(ii) in the case of an application contemplated in subsection (l)(b), (c) or
(d), to the Master and the liquidator, not less than six weeks before
the date of the intended application, and by way of the publication
of a notice in the Gazette, and he or she must send a copy of the
said notice by standard notice to every creditor of the estate whose
name and address are known to him or her or which he or she can
readily obtain; and
(b)
furnish security to the registrar of the Court in the amount of or to the
value of $500 in respect of the costs of any person \vho may oppose the
application for rehabilitation, and who may be awarded costs by the Court.
(5) The Minister may amend the amount mentioned in subsection (4)(b) by
notice in the Gazette so as to take account of subsequent fluctuations in the value of
money.
(6) The notice referred to in subsection (4)(a)(i) or (ii) must state the estimated
value and reflect full details of the assets of the debtor at the time of the application.
(7) A debtor must in support of his or her application for rehabilitation submit
an affidavit stating that he or she has made a complete surrender of his or her estate
and that he or she has not granted or promised any benefit to any person or entered into
any secret agreement with intent to induce the liquidator of the estate or any creditor
not to oppose the application for rehabilitation.
(8) The said affidavit must contain a statement of his or her assets and liabilities
and of his or her earnings, and his or her own as well as his or her spouse's contribution
to his or her household on the date of the application.
(9) The Court must be apprised of the dividend, if any, paid to his or her
creditors, what further assets in the insolvent estate are available for realisation and the
estimated value thereof, the total amount of all claims proved against the estate, and
the total amount of his or her liabilities at the date of liquidation of his or her estate.
(10) If application is made for rehabilitation pursuant to subsection ( 1)(b), the
debtor must set out the particulars of the composition and state whether there are or
are not creditors whose claims against the estate have not been proved, and if there are
such creditors, state their names and addresses and particulars of their claims.
(11) A liquidator who has received a notice contemplated in subsection (4)(a)
must report to the Master any facts that would justify the Court in refusing, postponing
or qualifying, the debtor's rehabilitation.
(12) A partnership whose estate has been liquidated may not be rehabilitated.
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