Skip to content
Contents

Part VI

140. Application to contest discharge

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

(1)

The trustee or a creditor may apply to the court to contest the bankrupt debtor’s discharge.

(2)

An application to the court to contest the bankrupt debtor’s discharge shall be made at least hundred and eighty days before the date at which discharge would otherwise occur but for this application.

(3)

The applicant must provide written notice to the bankrupt debtor of an application to contest the discharge, including the grounds on which the application is based.

Rescue, Rehabilitation and Insolvency

(4)

Where the applicant is the Bankruptcy Trustee, the applicant must provide the creditors with written notice of the application.

(5)

Where the applicant is a creditor, the applicant must provide the Bankruptcy Trustee with written notice of the application.

(6)

An application to the court to contest the discharge shall be based on the grounds of a failure by the bankrupt debtor to comply with the obligations owing as specified in sections 32, 112, 113 and 114.

(7)

On receiving an application to oppose the bankrupt debtor’s discharge, the court shall fix a date for hearing of the said application, within fourty five days after the receipt of the application.

(8)

The court shall provide written notice to the bankrupt debtor and creditors of the hearing of the application to contest discharge.

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