16:54 Apr 2, 2019 |
Czech to English translations [PRO] Law/Patents - Law (general) / insolvence | |||||||
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| Selected response from: Stuart Hoskins Local time: 15:46 | ||||||
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4 | claims against insolvent estate |
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3 | claims against the (bankrupt's) estate |
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claims against insolvent estate Explanation: "WHAT CLAIMS CAN BE PROVED AGAINST AN INSOLVENT ESTATE? Only a liquidated claim that arose before and existed at the date of sequestration, and that did not prescribe at that date is capable of being proved. A liquidated claim is a claim for an amount which is determined, ie, certain, whether the determination is the result of an agreement, a judgment of a Court or otherwise. An unliquidated claim may be tendered at a meeting of creditors. The claim is to be deemed to have been proved against the estate at such meeting where the trustee (with the permission of either other creditors or the Master of the High Court) has compromised or admitted it or it has been settled by a judgment of a Court." Reference: http://www.honeyattorneys.co.za/article/88/PROOF-OF-CLAIMS-A... |
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claims against the (bankrupt's) estate Explanation: “(2)The notice under subsection (1) shall contain the prescribed particulars and shall require claims against the bankrupt's estate to be established by a date ('the final date') specified in the notice.” UK Insolvency Act 1986 https://www.legislation.gov.uk/ukpga/1986/45/group/2/part/IX... "On appeal, the Fifth Circuit upheld the bankruptcy jurisdiction because the claims could have had a conceivable effect on the bankruptcy estate, as any amount collected would have reduced the creditor’s claims against the estate" https://www.lexology.com/library/detail.aspx?g=941bf7fb-2a93... |
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