Section 339 of Insolvency Act CAP 53: Claims of creditors when summary instalment has effect

(1) This section applies if the supervisor, under a power conferred by a summary instalment order made by the Official Receiver, directs the debtor's employer to pay the debtor's earnings, or part of...

(1) A debtor who fails to pay an amount due under a summary instalment order is presumed, unless the contrary is proved— (a) to have been able to pay the amount from the date of the order; and (b) to...

(1) A debtor in respect of whom a summary instalment order is in effect commits an offence if, before all creditors have been paid the amounts to which they are entitled under the order, the...

This Division prescribes a procedure for dealing with a debtor who has no realisable assets.

(1) A debtor who meets the criteria set out in section 345 may apply to the Official Receiver for entry to the no-asset procedure. (2) A debtor can apply for entry to the no-asset procedure by...

(1) The Official Receiver shall admit a debtor to the no-asset procedure if satisfied on reasonable grounds that— (a) the debtor has no realisable assets; (b) the debtor has not previously been...

The Official Receiver shall not admit a debtor to the no-asset procedure if satisfied, on reasonable grounds, that— (a) the debtor has concealed assets with the intention of defrauding the debtor's...

As soon as practicable after receiving an application from a debtor for entry to the no-asset procedure, the Official Receiver shall send a summary of the debtor's assets and liabilities to each known...

(1) A debtor who has applied for entry to the no-asset procedure shall not obtain credit (including credit under a credit purchase transaction), either alone or jointly with another person, of more...

(1) A debtor is admitted to the no-asset procedure when the Official Receiver sends the debtor a notice in the form prescribed by the insolvency regulations for the purposes of this section. (2) As...

(1) The Official Receiver shall establish and maintain a public register of persons admitted to the noasset procedure and persons discharged from that procedure under section 359. (2) The Official...

(1) A creditor of a debtor may not, after the debtor has been admitted to the no-asset procedure, begin or continue any step to recover or enforce a debt— (a) that the debtor owes to the creditor at...

(1) On being required by the Official Receiver to do so, the debtor shall provide the Official Receiver with such assistance, documents and information as are reasonably necessary in order to apply...

(1) A person who, while admitted to the no-asset procedure— (a) alone or jointly with another person, obtains credit of one hundred thousand shillings or more; (b) incurs liability to a credit...

A debtor's participation in the no-asset procedure terminates when— (a) the Official Receiver terminates the debtor's participation under section 355; (b) the debtor is discharged under section...

(1) The Official Receiver shall terminate a debtor's participation in the no-asset procedure if satisfied— (a) that the debtor was wrongly admitted to the no-asset procedure (for example, because the...

(1) If the Official Receiver terminates a debtor's participation in the no-asset procedure on the ground that the debtor has concealed assets or misled the Official Receiver, the Court may, on the...

(1) On termination of the debtor's participation in the no-asset procedure— (a) the debtor's debts that became unenforceable on the debtor's entry to the no-asset procedure become again enforceable;...

A creditor may apply to the Official Receiver for termination of the debtor's participation in the no-asset procedure on the ground— (a) that the debtor did not meet the criteria for admission to the...

(1) A debtor who is participating in the no-asset procedure is automatically discharged from that procedure at the end of twelve months after the date when the debtor was admitted to...

(1) On discharge under section 359— (a) the debtor's debts that became unenforceable on the debtor's entry to the no-asset procedure are cancelled; and (b) the debtor is no longer liable to pay any...

A discharge under section 359 does not release a person who, at the date of discharge, was— (a) a business partner of the discharged debtor; (b) a co-trustee with the discharged debtor; (c) jointly...

(1) In this Part— "administrator" has the same meaning as in the Law of Succession Act (Cap. 160); "beneficiary", in relation to a deceased debtor's estate, means a person who is beneficially...

(1) The Court may order that the estate of a deceased debtor be administered under this Part on the application— (a) under section 364 of the executor or administrator or a person who is applying to...

(1) The executor or administrator, or a person who is applying to the Court for a grant of probate or letters of administration, may apply to the Court for an order that the estate be administered...

(1) An application to the Court for an order under this Part may also be made— (a) by a creditor of the deceased's estate, if the creditor's debt has reached the threshold for a creditor's...

If an application has been lodged by a creditor or beneficiary under section 365, the applicant shall give notice of the application— (a) to the executor or administrator; or (b) if there is no...

(1) This section applies if— (a) an application has been made to the Court for an order to administer an estate under this Part; and (b) the Court believes that the estate is likely to be better...

(1) If the Public Trustee is the executor or administrator of, or would be entitled to obtain a grant of administration for, an apparently insolvent estate, the Public Trustee may lodge a certificate...

(1) The whole of the estate at the date when the application for the order under this Part was lodged vests in the person appointed by the Court to administer it as trustee. (2) In its order that the...

The trustee shall, as soon as practicable after the estate vests in the trustee, realise, administer, and distribute the assets in accordance with the law and practice of bankruptcy, subject to any...

(1) This section applies if the estate that vests in the trustee includes any of the deceased's necessary household furniture and effects that would have passed to the deceased's surviving spouse if...

(1) The trustee may make an allowance out of the estate to the surviving spouse or to any of the relatives or dependants of the deceased or the surviving spouse for the support of any of...

This Division applies if the Court has made an order that the estate of a deceased person be administered under this Part.

The trustee has, in relation to the estate, the same functions and powers as a bankruptcy trustee has in relation to the property of a bankrupt.

(1) The trustee shall distribute the estate in the following order— (a) firstly, payment of all proper costs, charges, debts and expenses of the due administration of the estate, whether incurred...

(1) In this section, "surplus" means the surplus of assets that remains with the trustee after the trustee has paid in full— (a) the debts due by the deceased debtor; (b) the costs of the...

If an order that a deceased's estate be administered under this Part is notified to the deceased's executor or administrator, the executor or administrator may obtain a proper discharge for any...

(1) A trustee may take a step that a bankruptcy trustee could have taken under Division 19 of Part III (for example, by cancelling an irregular transaction) as if the deceased had been bankrupt at the...

The trustee may cancel an execution against the deceased debtor's estate unless it was completed more than three months before the date of the order that the estate be administered under this Part.

A payment made, or an act done or omitted to be done, in good faith by an executor or administrator in respect of a deceased's estate before the executor or administrator had notice of an intention to...

(1) This Part applies to the liquidation of a company registered under the Companies Act (Cap. 486). (2) A liquidation may be either— (a) voluntary in accordance with Divisions 2 to 5; or (b) by the...

In this Part— (a) a liquidation in the case of which a directors' statutory declaration under section 398 has been made is a "members' voluntary liquidation"; and (b) a liquidation in the case of...

(1) In this Part— "contributories"— (a) means all persons liable to contribute to the assets of a company if it is liquidated; and (b) for the purposes of all proceedings for determining, and all...

(1) For the purposes of this Part, a company is unable to pay its debts— (a) if a creditor (by assignment or otherwise) to whom the company is indebted for hundred thousand shillings or more has...

(1) When a company is being liquidated, every present and former member is liable to contribute to its assets to any amount sufficient for payment of its debts and liabilities, and the expenses of the...

(1) In this section, "relevant payment" means a payment made out of capital in respect of the redemption or purchase by a company of any of its own shares. (2) This section applies if a company is in...

(1) This section applies to a company that is in liquidation if it was previously registered as unlimited but has since become re-registered as a limited company. (2) Despite section 385(2)(a), a...

(1) This section applies to a company in liquidation that has previously been registered as limited but has since become re-registered as unlimited. (2) A person who, at the time when the application...

The liability of a contributory creates an ordinary contract debt due from the contributory at the time when the contributor's liability began, but payable at the times when calls are made to enforce...