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Contents

Part VI

139. Discharge: High Value Bankruptcy

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

In a case in which the amount of the debtor’s included debts exceeds ten million rupees, the Bankruptcy

Trustee shall, on expiry of a period of seven years from the date of the Bankruptcy Order, make an application to court for an order confirming the discharge of the bankrupt debtor.

(2)

If the Bankruptcy Trustee has not yet made an application under subsection (1) within a period of thirty days after the expiry of a period of seven years from the date of the Bankruptcy Order, the bankrupt debtor may bring an application to court for an order confirming the discharge of the bankrupt debtor.

(3)

On receiving an application under subsection (1) or (2), the court shall, within ninety days, make an order of discharge, unless an application to contest the discharge has been made under section 140.

Rescue, Rehabilitation and Insolvency

(4)

The court order made under subsection (3) shall provide that the bankrupt debtor is discharged from the

Bankruptcy Order on the expiry of a period of seven years from the date of the Bankruptcy Order.

(5)

On discharge from the Bankruptcy Order, the bankrupt debtor’s included debts shall be cancelled, and the bankrupt debtor is not liable to pay any part of the debts, including any penalties, interest and other sums which may have become payable in relation to those debts.

(6)

The discharge of debts under this section shall not release the bankrupt debtor from any debt or liability specified as an excluded debt under section 37.

(7)

A discharge under this section shall not release from any liability any person who, at the date of the discharge, was -

(a)

a business partner of the discharged debtor;

(b)

a co-trustee with the discharged debtor;

(c)

jointly bound or contracted with the discharged debtor; or

(d)

a guarantor or in the nature of a guarantor of the discharged debtor.

Part VII

Personal Insolvency Register

Part VIII

Part IX

Part X

Compromises

Part XI

Micro Small Medium Enterprise (MSME) Company Debt Restructuring Arrangements

Part XII

Part XIII

Part XIV

Cross - Border Insolvency

Part XV

Part XVI

Part XVII

Schedules