In forceAmended2020 Revised Edition

Contents

Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 17 · Administration in Bankruptcy

338. Official Assignee to settle list of debtors to bankrupt’s estate

Amended

Last amended by an amending law of 2021.

(1)

The Official Assignee may, after a bankruptcy order has been made, prepare and file in Court a list of persons supposed to be indebted to the bankrupt (called in this section a list of debtors), with the amounts in which they are supposed to be so indebted set out opposite to their names respectively.

(2)

Before finally settling the name and amount of the debt of any person on the list of debtors, the Official Assignee must give notice in writing to that person stating that —

(a)

the Official Assignee has placed that person on the list of debtors to the bankrupt’s estate in the amount specified in the notice; and

(b)

unless that person on or before a day specified in such notice gives to the Registrar and the Official Assignee notice in writing of that person’s intention to dispute that person’s indebtedness, that person is deemed to admit that the amount set out opposite that person’s name in the list of debtors is due and owing by that person to the bankrupt, and that person is to be settled on the list accordingly.

(3)

Any person included in the list of debtors who does not give notice of the person’s intention to dispute the person’s indebtedness within the time limited in that behalf is to be settled on that list, and an enforcement order may be issued against the person for the amount set out opposite the person’s name in the list in the same way as if judgment had been entered against the person for such amount in favour of the Official Assignee.

(4)

A certificate by the Registrar that the person named in the certificate has been settled on a list of debtors as a debtor to the bankrupt’s estate in the amount specified in the certificate is proof of the facts stated in the certificate.

(5)

A person settled on a list of debtors under this section may apply to the Court in a summary way for permission to dispute the person’s indebtedness or the amount of the person’s indebtedness.

(6)

The Court may if it thinks fit make such order for determining the question of the person’s indebtedness or amount of indebtedness mentioned in subsection (5) as may seem expedient, upon the terms of the person giving security for costs and either paying into Court or giving security for the whole or such part of the alleged debt as under the circumstances may seem reasonable, and may stay all further proceedings.