Parliament of Barbados
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Notice: Statutes including SI are available at the consolidation date of 2008.
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Bankruptcy and Insolvency
PART I Preliminary
1
Citation
2
Interpretation
PART II Acts of Bankruptcy
3
Acts of bankruptcy
PART III Receiving Orders, Interim Receivers, Secured Creditors and Receivers
Petition for Receiving Order
Appointment of interim receiver
Secured Creditors and Receivers
PART IV Assignments
11
Who may make an assignment
PART V Proposals
12
Who may make a proposal
13
Filing of proof of secured claim
14
Where secured creditors may not vote
15
Secured claims upon bankruptcy
16
Notice of intention
17
Trustee to assist in preparation of proposal
18
Meeting of creditors
19
Adjournment of meeting
20
Proven creditors may vote prior to meeting
21
Creditors may accept or refuse proposal
22
Proposal may include terms of supervision
23
Creditors may appoint inspectors
24
Effect of refusal of proposal by creditors
25
Substitution of trustee by Court order
26
Trustee to apply to Court for approval of proposal
27
Trustee to prepare report to Court
28
Payment of preferred claims and trustee’s costs
29
Where proposal approved by Court made by bankrupt
30
Trustee to file proposal with Supervisor
31
Default in performance of proposal
32
Court may annul the proposal
33
Date of assignment where Court approval not obtained
34
Court to value claims where creditor participation required
35
Agreements not to be terminated or altered
36
Certificate of performance
37
Mutatis mutandis provision
PART VI Property of the Bankrupt
38
Property of a bankrupt
39
Excess income of individual bankrupts to be as prescribed
40
Where assignment of certain payments ineffectual
Stay of Proceedings
General Provisions
Partnership Property
Crown Interests
Settlements and Preferences
PART VII Administration of Estates
Meetings of Creditors
Procedure at Meetings
Inspectors
Claims Provable
Proof of Claims
Proof by Secured Creditors
Admission and Disallowance of Proofs of Claim and Proofs of Security
Scheme of Distribution
Dividends
Summary Administration
PART VIII Bankrupts
Counselling Services
Duties of Bankrupts
Examination of Bankrupts and Others
Arrest of Bankrupts
Discharge of Bankrupts
PART IX Administration
Supervisor
Public Records
TrusteesLicensing of Trustees
Conduct of Trustees
Appointment and Substitution of Trustees
Corporations as Trustees
Official Name
Duties and Powers of Trustees
Remuneration of Trustee
Discharge of Trustee
PART X Courts and Procedure
Jurisdiction of Courts
PART XI International Insolvencies
223
Interpretation
224
Copy of order to be proof of events
225
Stay of proceedings not to apply unless proceedings taken in Barbados
226
Foreign representative take certain proceedings
227
Court may seek aid of foreign authority
228
Court order may be conditional on compliance of foreign representative with other court order
229
Foreign representative not prevented from proceeding due to appeal
230
Dividends subject to property the creditor may acquire outside Barbados
231
Claim payable in foreign currency
PART XII Offences
232
Offences committed by bankrupt
233
Offences committed by undischarged bankrupt
234
Where debtor having previously taken bankruptcy protection and not keeping proper books
235
False claims, unlawful fees and unlawful transactions
236
Offences by trustee and others
237
Removal of property
238
Invalid trustee licence
239
Trustee acting outside authority
240
Offence committed by corporation
241
Court may make order for community service
242
Variation of order made under section 241
243
Court may make an order regarding damages
244
Trustee to report to Court
245
Trustee to report criminal acts
246
Substance of offence sufficient
247
Time for commencement of action
PART XIII General
248
Power respecting bankruptcy rules
249
Gazette or local daily newspaper to be evidence of facts
250
Admission not admissible under Theft Act
251
Acts by corporations, firms, and individuals of unsound mind
252
Vacating of seat in House of Assembly
253
Leave of the Court required to pursue certain actions
254
Regulations
255
Transitional
256
Repeal of Cap. 303