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Contents  

Part I PRELIMINARY

Part II COURT PROCEDURE

Court and chambers

Proceedings

Applications and practice

Affidavits

Security in court

Witnesses and depositions

Warrants, arrests and commitments

Service and execution of process

Appeals

Part III OFFICIAL ASSIGNEE

Report of Official Assignee

Part IV TRUSTEE IN BANKRUPTCY

Part V VOLUNTARY ARRANGEMENTS

Proposal for voluntary arrangement

Interim order

Preparation of nominee’s report

Action on proposal

Procedure for review of meeting’s decision

Completion of arrangement

Part VI PROCEEDINGS IN BANKRUPTCY

Statutory demand

Creditor’s bankruptcy application

Service of creditor’s bankruptcy application

Hearing of creditor’s bankruptcy application

Actions to follow upon making of bankruptcy order on creditor’s bankruptcy application

Debtor’s bankruptcy application

Actions to follow upon making of bankruptcy order on debtor’s bankruptcy application

Interim receiver

Part VII BANKRUPTCY ADMINISTRATION

Creditors’ meeting

Statements of affairs

Examination of bankrupt and others

Settlement of list of debtors to estate

Procedure for proving debts

Quantification of claim

Secured creditors

Taking accounts of property mortgaged and sale thereof

Admission and rejection of proofs

Approval of composition or scheme

Appropriation of pay, salary, pensions, etc.

Disclaimer of lease

Disputed title to property

Special manager

Security by special manager

Distribution of dividends

Part VIII ANNULMENT AND DISCHARGE

Part IX COSTS AND TAXATION

Part IXA ELECTRONIC FILING SYSTEM

Part X MISCELLANEOUS PROVISIONS

Administration of estates of deceased insolvent

Persons of unsound mind

Registers

Accounts and audit

THE SCHEDULE

Legislative History

 
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PART VIII
ANNULMENT AND DISCHARGE
Application for discharge made by persons other than Official Assignee
235.
—(1)  A bankrupt, a trustee or any other person having an interest in the matter intending to apply for the discharge of the bankrupt under section 124 of the Act shall support his application with an affidavit.
(2)  The affidavit shall state the following:
(a)
whether the bankrupt has filed his statement of affairs;
(b)
the number of creditors and whether they have proved their debts or not;
(c)
whether the bankrupt has disclosed all his assets to the Official Assignee or the trustee, as the case may be, and whether such assets have been realised;
(d)
whether dividend has been declared and if so, the amount thereof; and
(e)
the grounds of the application.
Application for discharge by Official Assignee
236.  Where the Official Assignee applies for the discharge of a bankrupt under section 124 of the Act, he shall support his application with a report.
Notice of hearing
237.
—(1)  When a day has been appointed for the hearing of an application under rule 235(1) or 236, the Registrar shall, not less than 21 days before the day so appointed, give notice of the time and place to the applicant and, in any case, to the Official Assignee.
(2)  Notice of the time and place appointed for the hearing shall be sent by the applicant to each creditor not less than 14 days before the day so appointed.
Costs of application
238.  The costs of the application under section 124 of the Act by any person other than the Official Assignee or the trustee shall not be allowed out of the estate of the bankrupt.
Annulment of orders and discharges by court to be gazetted by Registrar
239.  Where a bankruptcy order which has been published in the Gazette is annulled or discharged by the court, the Registrar shall as soon as is practicable cause a notification of the annulment or discharge to be published in the Gazette.
Deferment of issue of order pending appeal
240.
—(1)  The order on an application for discharge shall not be extracted or notification thereof published in the Gazette until the time allowed for appealing has expired or, if an appeal is entered, until the appeal has been determined.
(2)  When the time for appealing has expired or, as the case may be, when the appeal has been decided, the Registrar shall, as soon as is practicable, cause a notification of the making of the order to be published in the Gazette.
Appeal
241.  An appeal shall lie at the instance of the Official Assignee or the trustee, as the case may be, from any order of the court made upon an application for the discharge of a bankrupt or upon an application for the annulment of a bankruptcy order on the ground that the debts of the debtor have been paid in full.
Accounts of after-acquired property
242.
—(1)  Where a bankrupt is discharged conditionally upon payments being made out of his future earnings or after-acquired property, he shall, until the condition is satisfied, give the Official Assignee or the trustee, as the case may be, such information as the Official Assignee or the trustee may, from time to time, require with respect to his earnings and after-acquired property and income, and not less than once a year file in court a statement, verified by affidavit, showing particulars of any property or income acquired by him after his discharge.
(2)  The Official Assignee or the trustee may require the bankrupt to attend before the court to be examined on oath as to his statement or as to his earnings, income, after-acquired property or dealings.
(3)  Where a bankrupt neglects to file a verified statement or to attend before the court for examination when required to do so, or fails properly to answer any proper questions put to him, the court may, on the application of the Official Assignee or the trustee, rescind the order of discharge.
Application for modification of order
243.  Where after the expiration of 2 years from the date of the order made on application for discharge, a bankrupt applies to the court to modify the terms of the order on the ground that there is no reasonable probability of his being in a position to comply with its terms, he shall give 14 days’ notice of the day fixed for the hearing of the application to the Official Assignee or the trustee, as the case may be, and to all creditors who have proved.
Discharge by certificate of Official Assignee
244.  Before issuing a certificate of discharge under section 125 of the Act, the Official Assignee shall, where there are funds available in the estate of the bankrupt, reserve a reasonable sum for the costs of the bankruptcy application and declare dividends to the creditors who have proved their debts to the satisfaction of the Official Assignee without the necessity of advertising for further claims.