Section 19, The Bankruptcy Act, 2009

(1) Where a debtor intends to make a proposal for acomposition in satisfaction of his debts or a proposal for a scheme of arrangement of his affairs, he shall, within seven days of submitting his statement of affairs or within such time after that as the official receiver may fix, lodge with the official receiver a proposal in writing, signed by him, embodying the terms of the composition or scheme which he is desirous of submitting for the consideration of his creditors, and setting out particulars of any sureties or securities proposed. (2) Pursuant to subsection (1), the official receiver shall hold a meeting of creditors before any public examination of the debtor is concluded, and send to each creditor before the meeting, a copy of the debtor’s proposal with a report on it; and if at the meeting a majority in number and not less than three-fourths in value of all the creditors who have proved resolve to accept the proposal, it shall be deemed to be duly accepted by the creditors, and when approved by the court shall be binding on all the creditors. (3) The debtor may, at the meeting amend the terms of his proposal, if the amendment is in the opinion of the official receiver calculated to benefit the general body of creditors. (4) Any creditor who has proved his debt may assent to or dissent from the proposal by a letter addressed to the official receiver so as to be received by him not later than the day preceding the meeting, and such assent or dissent shall have effect as if the creditor had been present and had voted at the meeting. 14 15 Public examination of debtor. Composition and schemes of arrangement. (5) The debtor or official receiver may, after the proposal is accepted by the creditors, apply to the court to approve it, and notice of the time appointed for hearing the application shall be given to each creditor who has proved. (6) The application shall not be heard until after the conclusion of any public examination of the debtor and any creditor who has proved may be heard by the court in opposition to the application, notwithstanding that he may, at a meeting of creditors, have voted for the acceptance of the proposal. (7) For the purpose of approving a composition or scheme by joint debtors the court may, if it thinks fit and on the report of the official receiver that it is expedient to do so, dispense with any public examination of any of the joint debtors if any one of them is prevented from attending the examination by illness, absence from Sierra Leone or other sufficient cause but one at least of such joint debtors shall be publicly examined. (8) The court shall, before approving the proposal hear a report of the official receiver as to the terms and as to the conduct of the debtor, and any objections which may be made by or on behalf of any creditor. (9) If the court is of the opinion that the terms of the proposal are not reasonable, or are not calculated to benefit the general body of creditors, the court shall refuse to approve the proposal. (10) If any facts are proved on proof of which the court would be required either to refuse, suspend or attach conditions to the debtor’s discharge where he is adjudged bankrupt, the court shall refuse to approve the proposal unless he provides reasonable security for the payment of not less than twenty-five per cent on all the unsecured debts provable against the debtor’s estate. (11) In any other case the court may either approve or refuse to approve the proposal. (12) If the court approves the proposal, the approval may be testified by the seal of the court being attached to the instrument containing the terms of the proposed composition or scheme, and by the terms being embodied in an order of the court. (13) A composition or scheme accepted and approved in pursuance of this section shall be binding on all the creditors so far as it relates to any debts due to them from the debtor and provable in (14) A certificate of the official receiver that a composition or scheme has been duly accepted and approved shall, in the absence of fraud, be conclusive as to its validity. (15) The provisions of a composition or scheme under this section may be enforced by the court on application by any person interested, and any disobedience of an order of the court made on the application shall be deemed contempt of court. (16) If default is made in payment of any instalment due in pursuance of the composition or scheme, or if it appears to the court on satisfactory evidence that the composition or scheme cannot, in consequence of legal difficulties or for any sufficient cause, proceed without injustice or undue delay to the creditors or to the debtor, or that the approval of the court was obtained by fraud, the court may, if it thinks fit, on application by the official receiver or the trustee or by any creditor, adjudge the debtor bankrupt and annul the composition or scheme, but without prejudice to the validity of any sale, disposition or payment duly made or thing duly done under or in pursuance of the composition or scheme. (17) Where a debtor is adjudged bankrupt under subsection (16), any debt provable in other respects, which has been contracted before the adjudication, shall be provable in the bankruptcy. (18) If under or in pursuance of a composition or scheme a trustee is appointed to administer the debtor’s property or manage his business or to distribute the composition, then Part V shall apply as if the trustee were a trustee in bankruptcy and as if the terms “bankruptcy”, “bankrupt” and “order of adjudication” included 16 17 respectively a composition or scheme of arrangement, a compounding or arranging of a debtor and an order approving the composition or scheme. (19) Part II shall, so far as the nature of the case and the terms of the composition or scheme admit, apply to it and the same interpretation shall be given to the words “trustee” “bankruptcy” “bankrupt” and “order of adjudication” as in subsection (18). (20) No composition or scheme shall be approved by the court which does not provide for the payment in priority to other debts of all debts directed to be so paid in the distribution of the property of a bankrupt. (21) The acceptance by a creditor of a composition or scheme shall not release any person who, under this Act would not be released by an order of discharge if the debtor had been adjudged