Revised Laws of Saint Lucia (2021)

PART 3
ADMINISTRATION OF PROPERTY

CHAPTER 1
PROOF OF DEBTS

570.   Description of debts provable in bankruptcy

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    (1)   Unliquidated demands, unless founded on contract and capable of ascertainment at the time of the bankruptcy shall not be provable therein.

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    (2)   A person, having notice of any act of bankruptcy available against the debtor, shall not prove under the order for any debt or liability contracted by the debtor subsequently to the date of his or her so having notice.

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    (3)   Save as aforesaid, all debts and liabilities, present or future, certain or contingent, to which the debtor is subject at the date of the receiving order, or to which he or she may become subject before his or her discharge by reason of any obligation incurred before the date of the receiving order, shall be deemed to be debts provable in bankruptcy.

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    (4)   An estimate shall be made by the trustee of the value of any debt or liability provable as aforesaid, which by reason of its being subject to any contingency or contingencies, or for any other reason, does not bear a certain value.

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    (5)   Any person aggrieved by any estimate made by the trustee as aforesaid may appeal to the Court.

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    (6)   If, in the opinion of the Court, the value of the debt or liability is incapable of being fairly estimated, the Court may make an order to that effect, and thereupon the debt or liability shall be deemed to be a debt not provable in bankruptcy.

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    (7)   If, in the opinion of the Court, the value of the debt or liability is capable of being fairly estimated, the Court may assess or direct the value to be assessed in such manner as it shall think fit, and may give all necessary directions for this purpose, and the amount of the value when assessed shall be deemed to be a debt provable in bankruptcy.

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    (8)   “Liability” includes any compensation for work or labour done, any obligation or possibility of an obligation to pay money or money's worth on the breach of any express or implied covenant, contract, agreement, or undertaking, whether such breach does or does not occur, or is or is not likely to occur or capable of occurring before the discharge of the debtor, and generally it shall include any express or implied engagement, agreement, or undertaking, to pay, or capable of resulting in the payment of money, or money's worth, whether the payment is, as respects amount, fixed or unliquidated; as respects time, present or future, certain or dependent on any one contingency or on 2 or more contingencies; as to mode of valuation, capable of being ascertained by fixed rules, or assessable only by fixed rules or as a matter of opinion.