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Law library · Sierra Leone · The Bankruptcy Act, 2009

Section 5, The Bankruptcy Act, 2009

Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone

(1) A creditor shall not be entitled to present a bankruptcypetition against a debtor unless – (a) the debt owing by the debtor to the petitioning creditor, or if two or more creditors join in the petition, the aggregate amount of debts owing to the several petitioning creditors, is not less than Le5,000,000; (b) the debt is a liquidated sum, payable either immediately or at some certain future time; (c) the act of bankruptcy on which the petition is grounded has occurred within three months before the presentation of the petition; and (d) the debtor is ordinarily resident in Sierra Leone, or within a year before the date of presentation of the petition, has ordinarily resided or had a dwelling house or place of business in Sierra Leone, or has carried on business in Sierra Leone, personally or by means of an agent or manager, or within that period has been a member of a firm or partnership of persons which has carried on business in Sierra Leone by means of a partner or partners or an agent or manager. (2) If the petitioning creditor is a secured creditor he shall in his petition either state that he is willing to give up his security for the benefit of the creditors in the event of the debtor being adjudged bankrupt, or give an estimate of the value of his security; in the latter case he may be admitted as a petitioning creditor to the extent of the balance of the debt due to him after deducting the value so estimated in the same manner as if he were an unsecured creditor.

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