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Browse Acts ↓A summary instalment order is an order made by the Official Receiver directing the debtor to pay the debtor's debts— (a) in instalments or in some other way; and (b) in full or to the extent that the Official Receiver considers practicable in the particular circumstances of the case.
The Official Receiver may make a summary instalment order on the application of— (a) a debtor; or (b) a creditor with the debtor's consent.
(1) The Official Receiver may refuse an application for a summary instalment order if the application does not comply with subsection (2). (2) An application does not comply with this subsection unless it— (a) is in the form prescribed by the insolvency regulations for the purposes of this section;…
(1) The Official Receiver may make a summary instalment order if satisfied that— (a) the debtor's total unsecured debts that would be provable in the debtor's bankruptcy do not exceed the amount prescribed by the insolvency regulations for the purpose of this section; and (b) the debtor is unable im…
In addition to an order for the payment of the debts in instalments, the Official Receiver may make all or any of the following orders— (a) an order regarding the debtor's future earnings or income; (b) an order regarding the disposal of goods that the debtor owns or possesses; (c) an order giving t…
(1) Except as provided by subsection (2), a summary instalment order is ineffective if it does not provide for the appointment of a suitable and willing person to supervise compliance by the debtor with the terms of the order. (2) The Official Receiver may dispense with the appointment of a supervis…
(1) The supervisor is responsible for supervising the debtor's compliance with the terms of the summary instalment order and any other orders made under section 327. (2) The supervisor may charge the debtor remuneration for carrying out the supervisor's responsibilities as supervisor at the amount o…
(1) The Official Receiver may, by notice, require a supervisor or a past supervisor to provide the Official Receiver, within not less than seven days from the date of the notice, with any specified documents, or any documents of a specified class, that relate to the debtor's property, conduct or dea…
If of the opinion that the supervisor has failed to supervise the debtor's compliance adequately, the Official Receiver shall terminate the supervisor's appointment and appoint a replacement supervisor.
The payment of instalments under a summary instalment order can be spread over a period not exceeding — (a) three years; or (b) if justified by special circumstances acceptable to the supervisor—five years.
(1) The debtor, any creditor or the supervisor may at any time apply in writing to the Official Receiver to vary or discharge a summary instalment order. (2) After considering an application made under subsection (1), the Official Receiver shall vary or discharge the order as the Official Receiver c…
(1) The debtor shall pay all instalments payable under a summary instalment in the manner prescribed by the insolvency regulations. (2) The Official Receiver shall cancel a summary instalments order on being satisfied on reasonable grounds that the debtor has failed to comply with subsection (1).
(1) In this section, "proceedings", in relation to a debtor in respect of whom a summary instalment order has been made, means proceedings brought against the person or property of the debtor in respect of a debt that has been— (a) shown in the debtor's application for the summary instalment order;…
(1) The supervisor shall send a notice of the summary instalment order to every creditor— (a) who is known to the supervisor; (b) whose name is shown on the debtor's application for the order; or (c) who has proved a debt under section 340. (2) A supervisor who, without reasonable excuse, fails to c…
(1) The Official Receiver shall establish and maintain a public register of persons who are subject to current summary instalment orders. (2) The Official Receiver shall maintain the register in accordance with Division 2 of Part XII.
A summary instalment order is not current if it has been discharged or all the instalments required to be paid under the order have been paid in accordance with the order.
(1) A creditor who has proved the creditor's debt to the satisfaction of the supervisor is entitled to be included as a creditor in the administration of the debtor's estate under the summary instalment order for the amount of the debt. (2) A creditor may object to the supervisor's acceptance or rej…
(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 them, to the supervisor. (2) The amounts that the employer shall pay to the supervisor are recoverab…
(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 have refused or neglected to pay it. (2) If the debtor fails to make a payment in accordance with th…
(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 debtor— (a) alone or jointly with another person, obtains credit of one hundred thousand shillings or more; (…
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 completing the following documents and lodging them with the Official Receiver— (a) an application in the f…
(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 admitted to the no-asset procedure; (c) the debtor has not previously been adjudged bankrupt; (d) the debt…
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 creditors (such as by transferring property to a trust); (b) the debtor has engaged in conduct that wo…
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 creditor of the debtor.
(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 than ten thousand shillings without first informing the credit provider that the debtor has applied fo…
(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 soon as practicable after a debtor is admitted to the no-asset procedure, the Official Receiver shall—…
(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 Receiver shall maintain the register in accordance with Division 2 of Part XI.
(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 the time when the debtor applies for entry to the noasset procedure; and (b) that would be provable i…
(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 the no-asset procedure to the debtor. (2) As soon as practicable after any change occurs in the debtor…