KINGSTON, Jamaica — The Jamaica Chamber of Commerce has objected to the provision in the new Bankruptcy and Insolvency Act, which insists that in the case of the death of a debtor, against whom a petition has been filed, the process should continue as if the debtor is alive.

According to Section 11 of the Act which is being reviewed by a joint select committee of Parliament, at Gordon House:

“Where a debtor against whom a petition has been filed dies, the proceedings shall, unless, the Court otherwise orders, be continued as if the debtor was alive”.

But the Chamber says that this provision “flies in the face of the usual practice in court proceedings.

“It is our respectful view that this flies in the face of the usual practice in Court proceedings, and may expose a debtor’s estate to undue hardship and potential exploitation,” the Chamber said.

It insisted that the proceedings must be stayed, until a person is appointed to represent and protect the interest of the debtor’s estate, and that provisions may be made for the appointment of the Administrator General for this purpose, in the event that a person is not appointed within six months, or such other time as the court may direct.

Balford Henry