Cap. 6:07
INSOLVENCY
No. 7/2018
107 Opposition to rehabilitation or refusal of rehabilitation by Court
(I) In an application for rehabilitation(a)
the Master must report to the Court on the merits of the application
and furnish a copy of the report to the applicant or the applicant's legal
practitioner:
(b)
the Master, the liquidator or any other person having an interest in the
estate may appear in person or through a legal representati \ e to oppose
the application.
(2) If the Court is satisfied on the strength of a certificate by the Master or on
any other evidence that the debtor has intentionally impeded, obstructed or delayed
the administration of the insoh·ent estate by(a)
failing to submit a statement of affairs in accordance with the requirements
of the Act; or
(b)
failing to make available to the liquidator of the estate, in accordance
with written directives by the liquidator or the Master, property belonging
to the insolvent estate which was in his or her possession or custody or
under his or her control or any book, document or record relating to his
or her affairs which was in his or her possession or custody or under his
or her control; or
(c)
failing to notify the liquidator of the estate of the existence of any book,
document, or record relating to his or her affairs which was not in his or
her possession or custody or under his or her control, and as to where such
book, document, or record could be found, or of any property belonging to
his or her insolvent estate which was not mentioned in his or her statement
of affairs, and as to \Vhere such property could be found; or
(d)
failing to keep the liquidator of the estate informed of any change of his
or her address during the period of three years after the liquidation of his
or her estate; or
(e)
failing to comply with section 21(3); or
(f)
by means of any other act or omission;
the Court must refuse to grant a rehabilitation order until the expiry of a period of 10
years after the date of liquidation of the debtor's estate.
(3) The court may(a)
refuse the application or postpone the hearing of the application or grant
the application for rehabilitation subject to any condition it may think fit;
(b)
order the debtor to consent to judgment against him or her for the unpaid
portion of a debt proved against the estate or which could have been proved
against the estate or for such lesser amount as the Court may determine;
(c)
apart from such judgment, impose any other condition with regard to any
property or income which may in future accrue to the debtor;
(d)
the Court may order the debtor to pay the costs of any opposition to
the application for rehabilitation, unless the Court is satisfled that the
opposition is vexatious.
(.:J.) If the Court makes an order in terms of paragraph (b) no execution may take
place in terms of the judgment, save with permission of the Court and after proof that
the debtor has since the date of liquidation of the estate acquired property or income
which is available for the payment of his or her debts.
(5) When granting an order for rehabilitation in respect of an application made
in terms of section 106(1 )(b), the Court may order that any obligation incurred by the
applicant on or before the date of liquidation of his or her estate and which but for the
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