No. 7/2018
INSOLVENCY
Cap. 6:07
(4) The Court may on application by the liquidator, or a creditor who has proved
a claim against the insolvent estate, prohibit the continuation of proceedings against
the insolvent estate if the Court is of the opinion that the institution or continuation of
the proceedings was delayed unreasonably and that the continuation of the proceedings
will unreasonably delay the finalisation of the insolvent estate.
(5) No person may institute legal proceedings against the insolvent estate in
respect of any liability that arose before the date of liquidation after the confirmation
of the liquidator's first account by the Master and more than three months after the
conclusion of the first meeting:
Provided that the Court may, subject to section 100 and subject to such
conditions as the Court may impose, permit the institution of such proceedings if it
is of the opinion that there was a reasonable excuse for the delay in instituting the
proceedings.
PART VI
RIGHTS AND OBLIGATIONS OF DEBTOR DURING INSOLVENCY
21
Rights and obligations of debtor during insolvency
( 1) Subject to subsection (2) the fact that a debtor who is a natural person
entering into a contract is insolvent, does not affect the validity of that contract.
(2) If the debtor thereby purports to dispose of any property of his or her
insolvent estate or, without the consent in writing of the liquidator of his or her estate,
enters into any contract whereby any earnings that accrue to his or her insolvent estate
in terms of subsection (2) are or are likely to be adversely affected, the contract is in
either case voidable at the option of the liquidator, but subject to section 22.
(3) A debtor who is a natural person may follow any profession or occupation
and, subject to subsection (6), he or she may collect for his or her own benefit any
remuneration for work done or payment for professional services rendered by him or
her or someone on his or her behalf after the issuing of the liquidation order.
(4) Any person who after the date of liquidation of a debtor's estate(a) became a creditor of the debtor as a result of illegal conduct on the part of
the debtor is entitled to payment of the debt out of any assets that accrued
to the insolvent estate as a result of the said illegal conduct to the extent
that such debt cannot be recovered from the debtor personally, and after
payment of all costs attributable to such assets;
(b) was, at the time when he or she became a creditor, aware of or could,
by exercising reasonable care, have acquired knowledge of the illegal
conduct, that creditor is not entitled to payment in terms of paragraph (a).
(5) A debtor(a) who is a natural person must keep a detailed record of all assets and
income received by him or her after liquidation from whatever source,
and of all expenses incurred by him or her;
(b) must for a period of one year from the issuing of the first liquidation order,
supply the liquidator monthly during the first week of every month with a
statement of his or her income and expenses during the preceding month,
confirmed by an affidavit or a solemn declaration;
(c) must, after the expiry of the said period of one year, supply the liquidator
annually with a return of his or her income and expenses for the preceding
year, likewise sworn to or confirmed;
(d) must, within seven days after a written request from the liquidator, supply
the liquidator with particulars of income received and expenses incurred
220
Select target paragraph3
Add to table of contents