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Contents

Part II · Personal Insolvency: Principles

32. Responsibility of a debtor under Personal Insolvency Procedures

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

(1)

Subject to the provisions of this Act, a debtor who is a party to a Personal Insolvency Procedure is under the obligations specified in this section.

(2)

A debtor who participates in any Personal Insolvency

Procedure is under an obligation-

(a)

to provide to a personal insolvency official and to the court, in accordance with section 33 and any other provision of this Act, a full statement of the debtor’s financial affairs, including the disclosure of ones income, property and liabilities;

(b)

to supply to the relevant personal insolvency official any such information as the official may require regarding the debtor’s expenditure and sources of income; and

(c)

to provide any records, accounts and documents reasonably required by the personal insolvency official.

Rescue, Rehabilitation and Insolvency

(3)

A debtor who participates in any Personal Insolvency

Procedure shall cooperate fully in the procedure, and shall comply with any reasonable request from the personal insolvency official to provide assistance, documents and information necessary for-

(a)

the application of the procedure to the debtor’s case; or

(b)

the carrying out of the personal insolvency official’s functions.

(4)

Where at any time after the commencement of a

Personal Insolvency Procedure, other than in the normal course of business carried on by the debtor or in the normal family affairs of the debtor –

(a)

any property is acquired by the debtor; or

(b)

there is any other material and unexpected change in the debtor’s financial circumstances, the debtor shall, as soon as is reasonably practicable, give the relevant personal insolvency official written notice of the property or, as the case may be, of the increase in the debtor’s income.

(5)

Where at any time after the commencement of a

Personal Insolvency Procedure there is a change in the debtor’s address, employment, name or other material personal information, the debtor shall, as soon as is reasonably practicable, give the relevant personal insolvency official written notice of the change of details.

(6)

A debtor who is a party to a Personal Insolvency

Procedure shall inform the relevant personal insolvency official, as soon as reasonably practicable, after becoming aware of any material inaccuracy or omission in the statement of the debtor’s financial affairs.

Rescue, Rehabilitation and Insolvency

(7)

A debtor must take all the steps in relation to the debtor’s property and income that are -

(a)

required under this Act;

(b)

prescribed;

(c)

directed to be done by the court by an order made in reference to a particular insolvency procedure;

or

(d)

reasonably required by the relevant personal insolvency official.

(8)

A debtor who is a party to a Personal Insolvency

Procedure-

(a)

shall not, in respect of included debts, make to any creditor any additional payments in money or in kind, above a value of ten thousand rupees or such higher value as may be prescribed, other than those made through a personal insolvency official under the terms of the procedure; and

(b)

shall not transfer, lease, grant security over, or otherwise dispose of any interest in property above a value of ten thousand rupees or such higher value as may be prescribed, other than through the personal insolvency official under the terms of the procedure.

(9)

A debtor who is a party to a personal insolvency procedure shall not, either alone or with any other person, obtain credit in an amount of more than fifty thousand or such higher value as may be prescribed, from any person without informing that person that the debtor is a party to a personal insolvency procedure.

(10)

A debtor who is a party to a Debt Rehabilitation

Order or a Bankruptcy Order shall not leave Sri Lanka

Rescue, Rehabilitation and Insolvency without first obtaining the permission of the court, the court may grant such permission on such terms and conditions as are necessary.

Part III

Debt Protection Moratorium Order

Part IV

Debt Restructuring Arrangements

Part V

Debt Rehabilitation Orders

Part VI

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