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Section 310: Interest on claims

Insolvency Act · PART IV: PROVISIONS APPLICABLE TO BANKRUPTCY AND WINDING UP

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

310. Interest on claims (1) The amount of a claim may include interest up to the date of the adjudication or the commencement of the winding up— (a) at such rate as may be specified or contained in any contract that makes provision for the payment of interest on that amount; or (b) in the case of a judgment debt, at such rate as is payable on the judgment debt. (2) Where any surplus assets remain after the payment of all admitted claims, interest shall be paid at the prescribed rate on those claims from the date of adjudication or commencement of the winding up to the date on which each claim is paid, and where the amount of the surplus assets is insufficient to pay interest in full on all claims, payment shall abate rateably among all claims. (3) Where any surplus assets remain after the payment of interest in accordance with subsection (2), interest shall be paid on all admitted claims referred to in subsection (1) from the date of adjudication or the commencement of the winding up to the date on which the claim is paid at a rate equal to the excess between the prescribed rate and the rate referred to in subsection (1) (a) or subsection (1) (b), as the case may be, and, where the amount of the surplus assets is insufficient to pay interest in full on all claims, payment shall abate rateably among all claims. Sub-Part III – Disclaimer

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