Law library · Sierra Leone · The Bankruptcy Act, 2009
Section 33, The Bankruptcy Act, 2009
Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone
(1) Demands in the nature of unliquidated damages arisingotherwise than by reason of contract, promise or breach of trust shall
not be provable in bankruptcy.
(2) A person having notice of any act of bankruptcy
against the debtor shall not prove in bankruptcy for any debt or
liability contracted by the debtor subsequent to the date of his having
the notice.
(3) Unless otherwise provided, all debts and liabilities,
present or future, certain or contingent, to which the debtor is subject
at the date of the receiving order, or to which he may become subject
before his discharge by reason of any obligation incurred before the
date of the receiving order, shall be deemed to be debts provable in
(4) An estimate shall be made by the trustee of the value
of any debt or liability provable which by reason of its being subject
to any contingency or contingencies, or for any other reason, does
not bear a certain value.
(5) Any person aggrieved by any estimate made by the
trustee may appeal to the court.
(6) If, in the opinion of the court, the value of the debt or
liability is incapable of being fairly estimated, the court may make an
order to that effect, and the debt or liability shall, for the purposes of
this Act, be deemed to be a debt not provable in bankruptcy.
(7) If, in the opinion of the court, the value of the debt or
liability is capable of being fairly estimated, the court may direct the
value to be assessed before the court itself and may give all necessary
directions for this purpose; and the amount of the value when
assessed shall be deemed to be a debt provable in bankruptcy.
32 33
Automatic
discharge of
Description
of debts
provable in
(8) In this section, “liability” includes -
(a) any compensation for work or labour done;
(b) any obligation or possibility of an obligation
to pay money or money’s worth, on the breach
of any express or implied covenant, contract,
agreement or undertaking, whether the breach
does or does not occur, or is or is not likely
to occur or is capable of occurring, before
the discharge of the debtor;
(c) any express or implied engagement,
agreement or undertaking, to pay, or capable
of resulting in the payment of money or
money’s worth, whether the payment is, as
respects amount, fixed or unliquidated, as
respects time, present or future, certain or
dependent on any one contingency or on
two or more contingencies, or, as to mode of
valuation capable of being ascertained by
fixed rules or as a matter of opinion.
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