Rescue, Rehabilitation and Insolvency (Corporate and Personal) Act 2026 · As enacted · Part VI
93. Stay of proceedings and remedies
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Subject to this section, after the making of a
Bankruptcy Order, a creditor of the bankrupt debtor to whom a debt provable in the bankruptcy is owed —
shall have no remedy in respect of the debt;
shall not take any actions to recover or enforce the debt; and
in particular, shall not take any actions to -
contact a bankrupt debtor regarding payment of a provable debt, otherwise than at the request of the debtor;
initiate or continue any legal proceedings against the bankrupt debtor in relation to a provable debt;
collect, secure, recover or demand payment of a provable debt;
execute or enforce a judgment or an order of a court or tribunal against the bankrupt debtor;
obtain a warrant;
obtain possession of a premises in which the bankrupt debtor is residing under a tenancy agreement into which the bankrupt debtor has entered with a relevant creditor, unless the requirements of subsection (3) are met;
subject to subsection (10), take possession of, or otherwise recover, any goods of the type specified in paragraphs (a), (b), (c) and (d) of subsection (4) of section 34 that are used by or in the possession of, the debtor,
Rescue, Rehabilitation and Insolvency where the creditor is the owner or lessor of the goods; or
instruct an agent to take any of the actions mentioned in paragraphs (i), (ii), (iii), (iv), (v), (vi), (vii) or (viii);
While a Bankruptcy Order is in effect in respect of a bankrupt debtor, a court may exceptionally give permission for a creditor to take an action listed in paragraph (c) of subsection (1), where the court considers that —
exceptional circumstances mean that it is reasonable to allow the creditor to take the action;
and
the action will not-
cause undue detriment to the bankrupt debtor;
cause unfair prejudice to any other creditor;
or
significantly undermine the objectives of the
Bankruptcy process.
While a Bankruptcy Order is in effect in respect of a bankrupt debtor, a court may exceptionally give permission for a relevant creditor to obtain possession of a premises in which the bankrupt debtor is residing under a tenancy agreement into which the debtor has entered with the relevant creditor, only if —
the duration of the tenancy contract expires during the course of the Bankruptcy;
the debtor owes arrears of rent to a relevant creditor of an amount of more than three months of rent; and the court considers that it is more
Rescue, Rehabilitation and Insolvency likely than not that the debtor will be unable to maintain ongoing rent payments over the duration of the Bankruptcy; or
an application of a relevant creditor to obtain possession of the premises is based on grounds other than the debtor’s non-payment of rent.
Subject to subsection (6), during the bankruptcy of a bankrupt debtor, no person shall enforce an encumbrance over property of the debtor, except with –
the prior, written consent of the Bankruptcy
Trustee; or
the permission of the court on such terms and conditions as necessary.
The Bankruptcy Trustee is not liable in damages for declining to give consent under paragraph (a) of subsection (4).
Where, before the commencement of a Bankruptcy, by way of enforcement of –
an encumbrance over property; or
a right of the owner or lessor of a property, to take possession of the property or otherwise recover it, including under a hire-purchase agreement, a receiver, appointee or any other person may enter into possession or custody or assume control of or exercise any other power in relation to,the property of the company:
Provided that, nothing in subsection (4) and Chapter 7 shall prevent the receiver, appointee or any other person from exercising or performing a power or function under this section in relation to the property.
Rescue, Rehabilitation and Insolvency
Where, under subsections (10), (11) and (12), a creditor has continued to supply a debtor with essential goods or services, the Bankruptcy Trustee shall provide for payment to be made to the relevant creditor in respect of such continued supply, from the Bankruptcy Estate or the income of the bankrupt debtor.
Where any goods of a bankrupt debtor are held by any person by way of pledge, pawn or other security —
the Official Receiver may, after giving written notice to the person of the Official Receiver’s intention to do so, inspect the goods; and
where such a written notice has been given to any person, that person shall not be entitled, without leave of the court, to realise the pledge, pawn, or security unless such person has given the Bankruptcy Trustee a reasonable opportunity of inspecting the goods and of exercising the bankrupt debtor’s right of redemption.
Any action taken contrary to this section shall be null and void.
While a Bankruptcy Order is in effect in respect of a debtor, a court may exceptionally give permission for a lessor or owner of goods to terminate an agreement, including a hire-purchase agreement, by means of which a debtor has possession of goods of the type specified in paragraph (a), (b), (c) or (d) of subsection (4) of section 34, where —
the debtor owes arrears under such agreement of an amount more than three monthly repayments, and the court considers that it is more likely than not that the debtor will be unable to maintain ongoing repayments over the course of the
Bankruptcy; or
Rescue, Rehabilitation and Insolvency
an application of such lessor or owner to terminate such agreement, and to obtain possession of, or otherwise recover, the goods subject to the agreement, is based on grounds other than the debtor’s default in making repayments under the agreement.
While a Bankruptcy Order is in effect in respect of a debtor, a supplier of any essential goods or services shall not –
refuse to supply goods or services to a debtor, by reason of the debtor’s default in paying charges due for the goods or services in relation to a period before the commencement of the Bankruptcy;
make it a condition of the supply of the goods or services to a debtor, that payment be made of outstanding charges due for the goods or services in relation to a period before the commencement of the Bankruptcy; or
rely on an insolvency-related term of the agreement for the supply of the goods or services, except with the prior, written consent of the
Bankruptcy Trustee.
The Bankruptcy Trustee may give consent under paragraph (c) of subsection (11) where it is satisfied that the reliance on the insolvency-related term serves the interests of the bankrupt debtor and creditors as a whole.
The Bankruptcy Trustee is not liable in damages for declining to give consent under paragraph (c) of subsection (11).
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