Insolvency Act CAP 53▤
Approval of expedited voluntary arrangement
(1) If the Official Receiver reports to the Court that the debtor's proposal has been approved, the proposal takes effect as a vol…
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727 results · Insolvency Act CAP 53
Insolvency Act CAP 53▤
Duty of Official Receiver to report result to the Court
As soon reasonably practicable after the arrangements under section 316 have been implemented, the Official Receiver shall report…
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Insolvency Act CAP 53▤
Expedited voluntary arrangement procedure: availability
(1) This section applies if a debtor intends to make a proposal to the debtor's creditors for a voluntary arrangement and— (a) the…
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Insolvency Act CAP 53▤
Implementation and supervision of voluntary arrangement
(1) The supervisor is responsible for implementing and supervising a voluntary arrangement that has taken effect under section 312…
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Insolvency Act CAP 53▤
Right to challenge decision taken at creditors’ meeting
(1) Subject to subsection (3), any of the persons specified in subsection (2) may make an application to the Court on either or bo…
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Insolvency Act CAP 53▤
Additional effect on undischarged bankrupt
(1) If the Court has approved a debtor's proposal in accordance with section 311(7)(a) and the debtor is an undischarged bankrupt—…
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Insolvency Act CAP 53▤
Effect of approval of debtor's proposal by meeting of creditors or by the Court
(1) A debtor's proposal (with or without modifications) takes effect as a voluntary arrangement by the debtor on the day after the…
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Insolvency Act CAP 53▤
Approval of debtor's proposal
(1) This section applies to the decisions taken at the meeting of creditors held in accordance with section 310 to consider a debt…
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Insolvency Act CAP 53▤
Conduct of creditors' meeting: consideration of debtor's proposal
(1) The main purpose of a creditors' meeting convened under section 309 is to decide whether to approve the debtor's proposal (wit…
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Insolvency Act CAP 53▤
When provisional supervisor is to convene creditors' meeting to consider debtor's proposal
(1) If it has been reported to the Court under section 307 or 308 that a meeting of the debtor's creditors should be convened, the…
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Insolvency Act CAP 53▤
Debtor's proposal and provisional supervisor's report
(1) This section applies if— (a) a debtor intends to make a proposal under this Division; (b) no interim order has been made in re…
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Insolvency Act CAP 53▤
Provisional supervisor to report on debtor's proposal
(1) As soon as practicable after the making of an interim order, the provisional supervisor shall, before the order ceases to have…
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Insolvency Act CAP 53▤
Power of the Court to make interim order
(1) On the hearing of an application made under section 304, the Court may make an interim order if satisfied— (a) that the debtor…
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Insolvency Act CAP 53▤
Effect of application for interim order
(1) While an application under section 304 for an interim order is pending, the following provisions apply: (a) a landlord or othe…
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Insolvency Act CAP 53▤
When application for interim order can be made
(1) An application to the Court for an interim order may be made if the debtor intends to make a proposal to the debtor's creditor…
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Insolvency Act CAP 53▤
Interpretation: Division 1
(1) In this Division— "debtor" means a debtor who is a natural person; "interim order" means an order made under section 306; "pro…
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Insolvency Act CAP 53▤
Other bankruptcy offences
(1) A bankrupt commits an offence if the bankrupt— (a) in the course of the administration of the bankrupt's affairs, makes to the…
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Insolvency Act CAP 53▤
Offence by bankrupt in relation to management of companies
(1) A bankrupt who— (a) acts or purports to act as a director of a company or as a partner of a firm or limited liability partners…
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Insolvency Act CAP 53▤
When bankrupt presumed not to have kept or preserved proper records
(1) For the purposes of sections 298 and 299, a bankrupt is, in the absence of evidence to the contrary, presumed not to have kept…
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Insolvency Act CAP 53▤
Failure to keep proper records with intent to conceal
(1) A bankrupt commits an offence if, with intent to conceal the true state of the bankrupt's affairs, the bankrupt has failed to…
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Insolvency Act CAP 53▤
Failure to keep and preserve proper record of transactions
(1) A bankrupt commits an offence if, at any time during the three years immediately preceding the date on which the bankrupt was…
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Insolvency Act CAP 53▤
General penalties for bankruptcy offences
A bankrupt who is found guilty of an offence under a provision of sections 289 to 296 is liable on conviction to a fine not exceed…
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Insolvency Act CAP 53▤
Offence for bankrupt to leave Kenya without consent
(1) A bankrupt commits an offence if, during the twelve months immediately preceding the making of the application to the Court fo…
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Insolvency Act CAP 53▤
Offences in relation to obtaining consent of creditors
A bankrupt commits an offence if the bankrupt— (a) makes a false representation; or (b) does any other fraudulent act, for the pur…
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