Rescue, Rehabilitation and Insolvency (Corporate and Personal) Act 2026 · As enacted · Part VI
109. Debts provable in Bankruptcy
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
Only debts defined as included debts under section 37 shall be provable in a Bankruptcy.
A debt defined as an excluded debt under section 37
shall not be provable in a Bankruptcy.
Subject to this section, the proof of any debt provable in Bankruptcy by a secured or unsecured creditor of the bankrupt debtor and the admission or rejection of any proof shall take place in accordance with section 426.
A secured creditor holding a fixed security over property of the Bankruptcy Estate may —
rely on the security, while leaving the property in the possession or control of the Bankruptcy
Trustee;
enforce the security, where the secured creditor is entitled to do so; or
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surrender the property subject to the security to the Bankruptcy Trustee for the benefit of the creditors as a whole and claim as an unsecured creditor for the whole debt.
Subject to subsection (5) of section 34 a secured creditor who exercises the option referred to in paragraph (b) of subsection (4) shall give account to the Bankruptcy
Trustee for any surplus remaining from the net amount realised, after satisfaction of –
any debt owing to the grantee of any fixed security over any part of the property that ranks prior to the secured creditor’s fixed security, determined as at the commencement of the Bankruptcy; and
the full amount of the debt, determined as at the commencement of the Bankruptcy.
Where the Bankruptcy Trustee considers it necessary, a Bankruptcy Trustee may by written notice require a secured creditor within twenty working days after receiving the written notice –
to exercise the option referred to in paragraph (b) of subsection (4) or the option referred to in paragraph (c) of subsection (4); and
if the creditor elects to exercise the option referred to in paragraph (b) of subsection (6), to do so within that period.
A secured creditor on whom a notice has been served under subsection (6) and who fails to comply with the notice —
is to be taken as having surrendered the property subject to the security to the Bankruptcy Trustee for the benefit of the creditors as a whole; and
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may claim as an unsecured creditor for the whole debt.
Part VII
Personal Insolvency Register
Part VIII
Part IX
Part X
Compromises
Part XI
Micro Small Medium Enterprise (MSME) Company Debt Restructuring Arrangements
Part XII
Part XIII
Part XIV