Skip to content
Contents

Part VI

122. Goods on hire purchase

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where –

(a)

the bankrupt debtor acquired possession of goods under a hire-purchase agreement before commencement of the Bankruptcy; and

(b)

a creditor –

(i)

took possession of the goods within twenty one days before commencement of the

Bankruptcy, and after commencement of the

Bankruptcy still possesses them; or

(ii)

takes possession of the goods after commencement, the creditor shall not sell or dispose of the goods or part with possession of them (except for storage or repair), until twenty eight days after the date of commencement of the

Bankruptcy, unless the Bankruptcy Trustee consents in writing to the creditor selling or disposing or parting with possession of the goods before the expiry of that period.

(2)

The Bankruptcy Trustee may, notwithstanding any provision of the hire purchase agreement–

(a)

within a period of twenty eight days from the date of the commencement of the Bankruptcy introduce a buyer for the goods and the bankrupt debtor’s indebtedness to the creditor shall be reduced to the extent of the amount paid by the buyer to the creditor for the goods; or

(b)

at any time before the creditor sells or agrees to sell the goods following the expiry of that period, settle the bankrupt debtor’s obligations as debtor and retain the goods as part of the debtor’s estate.

Rescue, Rehabilitation and Insolvency

(3)

Where –

(a)

a creditor has taken possession of goods purchased under a hire purchase agreement, whether before or after the commencement of the bankrupt debtor’s Bankruptcy; and

(b)

the Bankruptcy Trustee has not taken any action under subsection (2), the creditor may prove in the Bankruptcy for the amount that the creditor was entitled to recover from the bankrupt debtor.

(4)

Where –

(a)

the bankrupt debtor purchased goods under a hire purchase agreement, before commencement of the Bankruptcy; and

(b)

at the date of commencement of the Bankruptcy the creditor –

(i)

has not taken possession of the goods; or

(ii)

has taken possession of them and has not sold or disposed of or parted with possession of them, the creditor may assign the goods to the Bankruptcy Trustee, and, if it does so, may prove in the Bankruptcy for the net balance due to the creditor under the agreement.

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

Cross - Border Insolvency

Part XV

Part XVI

Part XVII

Schedules