(1)if in any suit or other proceeding in a court a question arises whether a party there to is a debtor under this Act, the court trying the suit or other proceeding shall frame a preliminary issue as to whether such person is not a debtor under this Act and shall decide it before other issues are considered.(2)Notwithstanding anything in any law, the burden of proving that a person is not a debtor under this Act shall lie on the creditor.
