Revised Laws of Saint Lucia (2021)

584.   Disclaimer of onerous property

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    (1)   Where any part of the property of a bankrupt consists of land burdened with onerous covenants, of shares or stock, unprofitable contracts, or anything not easily or advantageously realisable, or involving the payment of money, the trustee, notwithstanding that he or she may have exercised any act of ownership in relation to such property, may disclaim the same by writing under his or her hand at any time within 12 months from the date of the receiving order.

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    (2)   The disclaimer shall operate to determine, as from the date of disclaimer, the rights, interests and liabilities of the bankrupt and his or her property, in or in respect of the property disclaimed, and shall also discharge the trustee from all personal liability in respect of the property disclaimed, as from the date when the property vested in him or her, but shall not, except so far as is necessary for the purpose of releasing the bankrupt and his or her property and the trustee from liability, affect the rights or liabilities of any other person.

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    (3)   Any person injured by the operation of a disclaimer under this article, shall be deemed to be a creditor of the bankrupt to the extent of the injury, and may accordingly prove the same as a debt under the bankruptcy.