37. Included and Excluded Debts

Unless otherwise provided in this Act, an included debt means a debt which meets the conditions of subsection (2), and which is not an excluded debt.

The category of included debts includes all debts and liabilities, present or future, certain or contingent, to which the debtor is subject at the date of the-

The category of included debts also includes any debt or liability to which the debtor became subject to after the making of any of the Orders specified in subsection (2), by reason of any obligation incurred by the debtor before the making of any of the Orders specified in subsection (2).

The following debts shall be excluded debts:-

Excluded debts shall not be provable in Bankruptcy.

For the purposes of determining a debtor’s eligibility for a Debt Rehabilitation Order under section 66, the calculation of the amount of the debtor’s liability under the total debts shall not include excluded debts.

The Moratorium under a Debt Protection Moratorium

A Debt Restructuring Arrangement shall not apply to an excluded debt, except where the relevant creditor consents to the inclusion of its debt under the Arrangement.

A Debt Rehabilitation Order shall not apply to an excluded debt.

The discharge under sections 73 and 138 shall not discharge the debtor from liability in respect of excluded debts.

The completion of a Debt Restructuring Arrangement under section 60 does not release the debtor from liability under an excluded debt, except where the relevant creditor has consented to the discharge of its debt under the terms of the Arrangement.