Insolvency Act CAP 53▤
Offences in relation to credit, etc
(1) A bankrupt commits an offence if, during the three years preceding the making of the application to the Court for a bankruptcy…
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727 results · Insolvency Act CAP 53
Insolvency Act CAP 53▤
Offence in relation to fictitious losses or expenses
A bankrupt commits an offence if, during the twelve months immediately preceding the making of the application to the Court for a…
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Insolvency Act CAP 53▤
Offence in relation to documents, etc.
(1) A bankrupt commits an offence if, during the two years immediately preceding the making of the application to the Court for a…
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Insolvency Act CAP 53▤
Offence in relation to written statement to creditor, etc.
(1) A bankrupt commits an offence if, during the three years immediately preceding the time when the bankruptcy order was made in…
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Insolvency Act CAP 53▤
Offences in relation to property
(1) A bankrupt commits an offence if the bankrupt— (a) conceals, or removes from Kenya, any part of the bankrupt's property— (i) d…
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Insolvency Act CAP 53▤
Offences in relation to debts
(1) A bankrupt commits an offence if the bankrupt did not, when contracting a debt, have the capacity to pay the debt when it fell…
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Insolvency Act CAP 53▤
Law and practice in bankruptcy to apply to deed of composition
The Court shall decide a question arising under a deed of composition according to the law and practice of bankruptcy, in so far a…
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Insolvency Act CAP 53▤
Jurisdiction of the Court in relation to composition and deed of composition
(1) After the preliminary resolution has been passed, the Court continues to have exclusive jurisdiction in relation to the compos…
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Insolvency Act CAP 53▤
How composition may be enforced
(1) On the application of any person aggrieved by a failure to pay an amount payable in accordance with a composition approved by…
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Insolvency Act CAP 53▤
Procedure following approval of composition by the Court
(1) The Registrar of the Court shall, after recording the deed of composition— (a) endorse on the deed that it has been recorded i…
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Insolvency Act CAP 53▤
Deadlines for steps to approve composition and execute deed
(1) The deadlines for steps to approve the composition and execute the deed are as follows— (a) the confirming resolution has to h…
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Insolvency Act CAP 53▤
Bankrupt remains liable for unpaid balances of certain debts
(1) A bankrupt who makes a composition with the bankrupt's creditors remains liable for the unpaid balance of a debt if— (a) the b…
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Insolvency Act CAP 53▤
Effect of deed of composition
When the Court has confirmed the deed and quashed the bankruptcy order— (a) the deed binds all the creditors in all respects as if…
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Insolvency Act CAP 53▤
Deed of composition to be executed
(1) As soon as practicable after the Court has approved a composition— (a) the bankrupt and the Official Receiver shall execute a…
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Insolvency Act CAP 53▤
Procedure for court approval of composition
(1) The bankrupt or the Official Receiver may apply to the Court to approve the composition. (2) The Court may hear the applicatio…
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Insolvency Act CAP 53▤
Composition not binding unless approved by the Court
(1) A composition is not binding until it is approved by the Court. (2) When approved by the Court, a composition binds all the cr…
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Insolvency Act CAP 53▤
Compositions with members of partnership
(1) If members of a partnership have been adjudged bankrupt, the joint creditors and each class of separate creditors can make sep…
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Insolvency Act CAP 53▤
Composition not effective unless approved by confirming resolution
(1) A composition is ineffective only when creditors have passed a special resolution confirming preliminary resolution. (2) In th…
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Insolvency Act CAP 53▤
Creditors may accept composition by passing preliminary resolution
(1) The creditors of a bankrupt may accept a composition in satisfaction of the debts due to them from the bankrupt by passing a s…
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Insolvency Act CAP 53▤
Interpretation: Division 24
In this Division— "confirming resolution" means a special resolution passed by a bankrupt's creditors in accordance with section 2…
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Insolvency Act CAP 53▤
Effect of annulment of bankruptcy order
(1) On annulment of a bankruptcy order, all property of the bankrupt vested in the Official Receiver on bankruptcy and not sold or…
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Insolvency Act CAP 53▤
When Official Receiver may annul bankruptcy order
(1) The Official Receiver may annul a bankruptcy order on any of the grounds specified in subsection (2), but only if the order wa…
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Insolvency Act CAP 53▤
Court may annul bankruptcy order in certain circumstance
(1) The Official Receiver or any other person claiming to have a legitimate interest in the matter may make an application to the…
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Insolvency Act CAP 53▤
Official Receiver to record in public register decision of the Court refusing to discharge bankrupt, etc.
lf the Court refuses to discharge a bankrupt or makes an order discharging the bankrupt but suspends the discharge, the Official R…
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