Insolvency Act.pdf - Intax Info

employer to the trustee.
(3) The insolvent shall be entitled to sue or be sued in his own name for any claim due to
or against him under subsection (2) but no cession of the insolvent's salary or earnings
thereunder made either before or after the sequestration of his estate shall be of any effect so
long as his estate is under sequestration.
(4) The insolvent shall also have the right in his own name to sue for and for his own
benefit to receive any pension to which he may be entitled for work and services:
Provided that, notwithstanding anything contained in any law governing the pensions of
public or railway servants, any portion of a pension paid to or for the benefit of an insolvent and
those dependent on him, which in the opinion of the Master is not necessary for the support of
the insolvent and those dependent on him, shall vest in the trustee.
(5) The insolvent shall also be entitled in his own name to sue for and receive for his
own benefit any damages claimable by him by reason of any insult or personal injury, and he
may continue in his own name and for his own benefit any action which may have been
commenced by him in respect of such claims previous to the sequestration; and all goods
purchased with the moneys so received shall be free from the control of the trustee.
(6) The insolvent shall also be entitled in his own name to sue for and receive for his
own benefit, subject to this section, the wages or reward for work or labour done or for
professional service rendered by or on his behalf after the sequestration of his estate.
(7) The insolvent may also be sued in his own name for any delict committed by him
after the sequestration of his estate.
(8) All moneys or property claimable by the trustee under this section may be recovered
from the insolvent by writ of execution to be issued by the Registrar upon the production to him
of a certificate by the Master as to the amount so claimable.
23. Power of Master to have movable property sold when not over P400 in value
If it appears to the Master that the value of all the movable property of an estate under
sequestration vested in him does not exceed P400 and that it is in the interest of the creditors
that such property or any part thereof be sold forthwith, he may direct the sale thereof to take
place on such conditions and in such manner as he may think fit:
Provided that, if he has received timely notice that any such property or any portion
thereof is subject to any right of preference, it shall not be sold without the consent in writing of
the person in whose favour such right of preference exists.
24. Estate to remain vested in trustee until rehabilitation
(1) The estate of the insolvent shall remain vested in the trustee until the insolvent is
reinvested therewith pursuant to a composition under section 107, or until the rehabilitation of
the insolvent:
Provided that any property which immediately before the rehabilitation was vested in the
trustee shall remain vested in the trustee after rehabilitation for the purposes of realization and
distribution.
(2) On the death or removal of a trustee the estate shall vest in the remaining trustee if
any; otherwise it shall vest in the Master.
Effect upon Antecedent Transactions (ss 25-38)
25. Dispositions without value
(1) Every disposition of property not made for value may be set aside by the court where
such disposition was made by the insolvent-
(a) more than two years before the sequestration of his estate, if it is shown that,
immediately after the disposition was made, the liabilities of the insolvent exceeded his
assets;
(b) within two years of the sequestration of his estate, if the party claiming under or
benefited by the disposition is unable to prove that, immediately after the disposition
was made, the assets of the insolvent exceeded his liabilities:
Copyright Government of Botswana