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Section 326: Court’s power in relation to debtor’s contribution

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.

326. Court’s power in relation to debtor’s contribution (1) The Court may ascertain the value of a debtor’s contribution (including any payment of legal expenses, interest, rates, and other expenses or charges) for the purposes of section 325 and order the recipient to pay it to the Official Receiver or liquidator. (2) The Court may order the recipient to pay less than the value of the contribution, or refuse to order the recipient to pay anything, where— (a) the recipient acted in good faith and has altered his or its position in the reasonably held belief that the debtor’s contribution was valid and that the recipient would not be liable to repay it in full or in part; or (b) in the Court’s opinion, it is unfair that the recipient should repay all or part of the contribution. (3) Where the Court orders that the recipient shall repay a debtor’s contribution, the Court may also, in the same or a subsequent order— (a) direct the Official Receiver or liquidator to sell the whole or part of the relevant property, and to convey or transfer it to the buyer; and (b) make vesting and other orders that are necessary for the sale and conveyance or transfer of the property.

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