Section 18 of Insolvency Act CAP 53: When court can make bankruptcy order on application by secured creditor

    

(1) A debt that is the debt, or one of the debts, in respect of which a creditor's application is made need not be unsecured if either—
(a) the application contains a statement by the person having the right to enforce the security that the creditor is willing, in the event of a bankruptcy order being made, to give up the security for the benefit of all the bankrupt's creditors; or
(b) the application is expressed not to be made in respect of the secured part of the debt and contains a statement by that person of the estimated value at the date of the application of the security for the secured part of the debt.
(2) In a case to which subsection (1)(b) applies, the secured and unsecured parts of the debt are to be treated for the purposes of sections 17, 19 and 20 as separate debts.


Disclaimer: This document is not to be taken as legal advise.

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