ADVOKS GLOBAL · KENYA
Insolvency Act
326. Official Receiver may make summary instalment order
Edition: 2022-12-31 · In force
326. Official Receiver may make summary instalment order
(1)The Official Receiver may make a summary instalment order if satisfied that—(a)the debtor's total unsecured debts that would be provable in the debtor's bankruptcy do not exceed the amount prescribed by the insolvency regulations for the purpose of this section; and(b)the debtor is unable immediately to pay those debts.(2)The Official Receiver may not make such an order without having given the debtor and the creditors an opportunity to make representations with respect to the matter.(3)A summary instalment order is not invalid merely because the total amount of the debts proved exceeds the amount specified in subsection (1)(a), but if it does, the supervisor appointed under section 328 shall refer the matter to the Official Receiver, in which case the Official Receiver shall cancel the order.