Rescue, Rehabilitation and Insolvency (Corporate and Personal) Act 2026 · As enacted · Part VI
111. Priority of debts in Bankruptcy
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
A Bankruptcy Trustee shall apply the proceeds of realisation of the Bankruptcy Estate in or towards the satisfaction of the claims, determined as at the commencement of the Bankruptcy, set out in the Fourth
Schedule to the extent and in the order of priority specified in that Schedule.
Without prejudice to paragraph 8 of the Fourth
Schedule “Bankruptcy Estate” in subsection (1) shall not include property subject to an encumbrance unless the secured creditor-
has surrendered the property subject to the security under subsection (4) of section 109; or
has not surrendered the property subject to the security under subsection (4) or (5) of section 109 but has confirmed to the Bankruptcy Trustee that it does not intend to enforce the security.
After paying claims in accordance with subsection (1), the Bankruptcy Trustee shall apply the proceeds of realisation of the Bankruptcy Estate in or towards the satisfaction of general claims, determined as at the commencement of the
Bankruptcy.
The claims referred to in subsection (3) rank equally among themselves and shall be satisfied in full unless the proceeds of realisation of the Bankruptcy Estate are insufficient to satisfy them, in which case the proceeds shall abate rateably among all such claims.
Rescue, Rehabilitation and Insolvency
After paying claims in accordance with subsection (3), interest as from the commencement of the Bankruptcy calculated in such manner as may be prescribed shall be paid on the claims referred to in subsections (1) and (3).
The claims referred to in subsection (5) rank equally among themselves with respect to the interest referred to in that subsection, and such interest shall be paid in full unless the proceeds of realisation of the Bankruptcy Estate are insufficient to pay it, in which case the proceeds shall abate rateably among all of the claims referred to in that subsection with respect to that interest.
After paying claims in accordance with subsection (5), the Bankruptcy Trustee shall apply the surplus proceeds of realisation of the Bankruptcy Estate to the Bankrupt debtor.
Where, before the commencement of Bankruptcy, a creditor has agreed to accept a lower priority in respect of a debt than that which it would otherwise have under this section, nothing in this section shall prevent the agreement from having effect according to its terms.
CHAPTER 6
Duties of Debtor In Bankruptcy
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