Skip to content
Contents

Part IV · Debt Restructuring Arrangements

59. Termination of Debt Restructuring Arrangement

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

(1)

A proposal by the debtor, acting with the personal insolvency administrator, or a creditor may at any time terminate a Debt Restructuring Arrangement, in any such manner as may be prescribed, where —

(a)

the claims of those creditors voting in favour of the proposal represent a majority in value of the claims of all creditors entitled to vote;

(b)

the proposal includes terms modifying or limiting the rights of secured creditors, and the claims of those secured creditors voting in favour of the proposal represent more than two thirds of the value of the claims of secured creditors entitled to vote; or

(c)

the proposal includes terms modifying or limiting the rights of lessors or owners of goods under an agreement, including a hire-purchase agreement, by means of which a debtor is using or has possession of goods, and the claims of such lessors and owners voting in favour of the

Rescue, Rehabilitation and Insolvency proposal represent more than two thirds of the value of the claims of such creditors entitled to vote.

(2)

Any of the following persons may apply to the court for an order terminating a Debt Restructuring Arrangement—

(a)

the debtor;

<

(b)

a creditor;

(c)

the personal insolvency administrator; or

(d)

the Official Receiver.

(3)

An application for an order terminating a Debt

Restructuring Arrangement may include —

(a)

where it is made by a debtor, an application for a bankruptcy order; or

(b)

where it is made by a creditor, a petition for a bankruptcy order against the debtor, in such manner as may be prescribed.

(4)

An application under this section shall be based on one or more of the following grounds:-

(a)

a material false representation or omission has been found in the statement of the debtor’s financial affairs, which causes a material detriment to a creditor;

(b)

in the making and confirmation of the Debt

Restructuring Arrangement where the procedural requirements of this Part had not been complied with;

(c)

where the debtor did not satisfy the eligibility criteria under section 46 when the Debt

Restructuring Arrangement was proposed;

Rescue, Rehabilitation and Insolvency

(d)

where the debtor persistently did not comply with the obligations imposed on the debtor under the

Debt Restructuring Arrangement, under sections 32 and 56;

(e)

since the coming into effect of the Debt

Restructuring Arrangement, where the debtor has been convicted of an offence under this Act;

(f)

where the debtor is in arrears in respect of payments under the Debt Restructuring

Arrangement of an amount corresponding to a period of not less than three months;

(g)

where the debtor has failed to carry out any action reasonably necessary to put the Debt

Restructuring Arrangement into effect; or

(h)

where the debtor has unreasonably refused to consent to a variation of the Debt Restructuring

Arrangement.

(5)

On hearing an application under this section , the court may —

(a)

dismiss the application;

(b)

terminate the Debt Restructuring Arrangement;

or

(c)

order that the personal insolvency administrator prepare a proposal for a variation of the Debt

Restructuring Arrangement under section 58.

(6)

Where the court has made an order under subsection (5), the court may require the debtor to pay any interest, fees or charges that accrued in respect of an included debt during the period in which the Debt Restructuring Arrangement was in effect.

Rescue, Rehabilitation and Insolvency

(7)

In any case where the court makes an order under subsection (5) or (6), the court must give written notice to —

(a)

the debtor;

(b)

the personal insolvency administrator;

(c)

the Official Receiver; and

(d)

any creditors to whom the order under subsection (5) or (6) applies.

(8)

Where the court gives written notice to the Official

Receiver under subsection (7), the Official Receiver shall, within a period of fourteen days from the date of receipt of such notice, cause an entry to be made in the Personal

Insolvency Register of such termination.

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