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Part III · Debt Protection Moratorium Order

40. Eff ect of a Debt Protection Moratorium Order

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

(1)

A Moratorium commences on the date of a Debt

Protection Moratorium Order in relation to each included debt owed by the debtor.

(2)

Subject to the provisions of subsection (3), during the Moratorium period, a creditor of the debtor to whom an included debt is owed-

(a)

shall not have any remedy in respect of the debt;

and

(b)

shall not take any actions to-Rescue, Rehabilitation and Insolvency

(i)

require a debtor to pay interest that accrues on an included debt during a moratorium period;

(ii)

require a debtor to pay fees, penalties or charges in relation to an included debt that accrue during a moratorium period;

(iii)

require an accelerated payment by the debtor to the creditor;

(iv)

treat the non-payment during the moratorium period by the debtor of interest, fees, penalties or charges as a default or breach by the debtor under the agreement between the creditor and the debtor;

(v)

report to the Credit Reference Information

Bureau any default on the part of the debtor in making payments which would have fallen due during the moratorium period, but for the existence of the Debt Protection

Moratorium Order;

(vi)

contact a debtor regarding payment of an included debt, otherwise than at the request of the debtor;

(vii)

initiate or continue any legal proceedings against the debtor in relation to an included debt;

(viii)

collect, secure, recover or demand payment of an included debt;

(ix)

execute or enforce a judgment or an order of a court or tribunal against the debtor;

(x)

obtain a warrant;

Rescue, Rehabilitation and Insolvency

(xi)

recover goods in the possession of the debtor;

(xii)

enforce security held in respect of an included debt;

(xiii)

obtain possession of a premises in which the debtor is residing under a tenancy agreement into which the debtor has entered with a relevant creditor;

(xiv)

take any of the actions in this subsection against another person who is jointly liable with the debtor to whom the Moratorium relates;

(xv)

take any of the actions in this subsection against another person who has guaranteed the debts of the debtor to whom the

Moratorium relates; or

(xvi)

take possession of, or otherwise recover, any goods of the type specified in section 34 that are used by or in the possession of the debtor, where the creditor is the owner or lessor of the goods;

(xvii)

instruct an agent to take any of the actions mentioned in sub-paragraphs (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv) or (xvi).

(3)

Notwithstanding the provisions of subsection (2) the court may, while a Debt Protection Moratorium remains in force, upon application by a creditor, allow a creditor to take an action referred to in sub-paragraphs (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvi) or (xvii) of paragraph (b) of subsection (2) if the court deems that —

(a)

it is reasonable, due to exceptional circumstances, to allow the creditor to take action; and

Rescue, Rehabilitation and Insolvency

(b)

the action may not -

(i)

cause undue detriment to the debtor to whom the Moratorium relates;

(ii)

unfairly prejudice any other creditor; or

(iii)

significantly undermine the protections of the moratorium.

(4)

Nothing in this section shall be construed as preventing the commencement or continuation of any criminal proceedings against a debtor.

(5)

Any action taken contrary to this section shall be null and void.

(6)

Nothing in this section shall affect a creditor’s entitlement to the benefit of any execution or other legal process or distress against a debtor or property of the debtor where the execution or other legal process or distress was completed before the making of the Debt Protection

Moratorium Order, where -

(a)

an execution against movable or immovable property is completed by seizure, or the entry into possession of a receiver or appointee or a person charged with execution, and a completed sale; and

(b)

an attachment of a debt is completed by satisfaction of the debt.

(7)

After the end of the Moratorium period, neither a creditor nor the agent of the creditor is entitled to-

(a)

treat the non-payment during the moratorium period by the insolvent individual of interest, fees, penalties or charges as a default or breach

Rescue, Rehabilitation and Insolvency by the debtor under the agreement between the creditor and the debtor;

(b)

record in the Credit Reference Information

Bureau any non-payment during the moratorium period by the debtor of interest, fees, penalties or charges; or

(c)

require a debtor to pay fees, penalties, charges, or accelerated payments referred to in sub-paragraph (ii) or (iii) of paragraph (b) of subsection (2) that accrued during the moratorium period.

(8)

Subject to subsection (7), and where the debtor has not entered a personal insolvency procedure, after the end of the moratorium period, a creditor or an agent of the creditor shall be entitled to require a debtor to pay all other payments that would have fallen due during the moratorium period, but for the existence of the 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