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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