Cap. 6:07
INSOLVENCY
No. 7/2018
to enable expenses of the estate to be paid or that necessary expenses be
incurred in order to avoid loss to the estate;
(c)
obtain credit for the payment of necessary expenses which he or she is
obliged to incur before funds for the payment thereof arc available;
(f)
convene a meeting of creditors of the estate;
(g)
take any other necessary measures for the protection and the administration
of the estate.
(4) The liquidator may, if authorised thereto by the Master or by resolution of
a meeting of creditors of the estate(a)
institute or defend any legal steps in civil proceedings by or against the
estate and to settle such proceedings;
(b)
submit to determination of arbitrators any dispute concerning the estate;
(c)
compromise or admit any claim lodged for proof at a meeting of creditors
of the estate, including any unliquidated claim;
(d)
disallow or reduce a claim in terms of section 67;
(e)
carry on the business or part of the business of the debtor in accordance
with the directions of the Master or the creditors of the estate;
(f)
exercise his or her election in respect of contracts entered into before
liquidation, including his or her election in terms of section 34 or 39;
(g)
sell or alienate property of the insolvent estate, subject to the directions
of the Master or the creditors of the estate:
Provided that(i)
if such property or a portion thereof is subject to rights of
a secured creditor the secured creditor must give his or her
consent in writing;
(ii)
the liquidator must attempt to sell assets as a going concern if
at all appropriate;
(h)
engage the services of a legal practitioner or any other professional person
or employ any other person to render services on behalf of the insolvent
estate;
(i)
dispose of a debt owing to the estate or accept payment of a reasonable
part of a debt in full settlement of the debt or give a reasonable extension
of time for payment of a debt or part thereof;
U)
draw, accept, make or endorse any bill of exchange or promissory note
by which the estate is burdened with liabilities;
(k)
in the case of a debtor who is a natural person, make available to the
debtor or his or her dependants a sum of money or assets for his or her
maintenance or that of his or her dependants;
(I)
make available to a debtor who is a natural person assets of the insolvent
estate in excess of the values referred to in section 19(7) or the amounts
fixed in terms of section 19(8);
(m) if the liquidator determines that preservation of the business as a going
concern value by continued operation of the business will benefit creditors,
obtain finance for the continuation of the business(i) payable as costs of liquidation; or
(ii)
payable with security over the assets of the estate without priority
ahead of any existing security interest over the same assets, unless
the liquidator obtains the agreement of the existing secured creditor.
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