On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 31/01/2002.
PART VIII
ANNULMENT AND DISCHARGE
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 petitioning creditor 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.