No. 7/2018
INSOLVENCY
Cap. 6:07
(a)
three months, if the rent is payable monthly or at shorter intervals than
one month; or
(b)
six months, if the rent is payable at intervals exceeding one month but
not exceeding three months; or
(c)
nine months, if the rent is payable at intervals exceeding three months
but not exceeding six months; or
(d)
fifteen months, if the rent is payable at intervals exceeding six months.
(2) A tacit or legal hypothec other than a landlord's hypothec in subsection (I)
does not confer any preference against an insolvent estate.
87
Certain mortgages afford no security or preference
A special bond or a general bond over movables other than a kustingsbrief, or a
general clause in a special bond over movables or a security interest over movables in
terms of the Movable Property Security Interests Act [Chapter 14:35], passed or taken
for the purpose of securing the payment of an existing unsecured debt or obtaining a
preference for an existing concurrent debt which was incurred more than two months
prior to the lodging of the bond with the registrar of deeds, or with the Collateral Registry
created under Movable Property Security Interests Act [Chapter 14:35], in question
for registration, or for the purpose of securing the payment of a debt or obtaining a
preference for a debt incurred in novation of or substitution for any such first-mentioned
debt, does not confer any security or preference if the application for the liquidation
of the estate of the debtor is lodged with the Registrar within nine months after such
lodging of the said bond with the registrar of lands or with the Collateral Registry:
Provided that a bond or security interest shall be deemed not to have been
lodged as aforesaid if it was withdrawn from registration.
PART XV
COSTS OF LIQUIDATION AND APPLICATION OF FREE RESIDUE
88
Costs of liquidation
(l) The costs of liquidation include-
(a)
the sheriff's charges incurred since the date of liquidation;
(b)
fees payable to the Master in connection with the liquidation;
(c)
the costs, as taxed by the registrar of the Court, incurred in connection
with the application by a debtor for the liquidation of his or her estate or
of a creditor for the liquidation of a debtor's estate, excluding the costs
of opposition to such application, unless the Court has ordered that such
costs be included in the costs of liquidation;
(d)
the amount determined by the Master for the preparation of a statement
of his or her affairs by the debtor as required by section 43;
(e)
the remuneration of the liquidator, including the costs incurred by the
liquidator in giving security for the proper administration of the estate;
(f)
any expenses incurred by the Master or by a presiding officer in carrying
out the provisions of this Act, unless otherwise ordered by the Master or
the Court and subject to the provisions of section 60(3);
(g)
the salary, wages or fees of any person who was engaged or appointed
by the liquidator in connection with the administration of the estate;
(h)
such costs incurred in the administration of a deceased estate before the
liquidation of the estate as the Master may allow;
(i)
all other costs of the administration and the liquidation of the estate of
the debtor.
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