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Contents

Part VI

141. Interim suspension of discharge

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

(1)

On receiving an application to contest the bankrupt debtor’s discharge, the court, if satisfied that there are reasonable grounds for concluding that an order suspending the discharge would be made after a substantive hearing, may make an interim order provisionally suspending the bankrupt debtor’s discharge until a hearing may take place.

(2)

When making an interim order under subsection (1), the court may order the Bankrupt Trustee to investigate the extent to which the bankrupt debtor has complied with the personal insolvency duties specified in sections 32, 112, 113

and 114.

(3)

Where an application to contest the bankrupt debtor’s discharge has been presented by a trustee or creditor outside of the time period specified under subsection (2) of section 140, a court may permit a late application to be submitted where the court is satisfied that –

Rescue, Rehabilitation and Insolvency

(a)

the delay in submitting the application has been caused by exceptional circumstances beyond the control of the applicant; or

(b)

facts have been established that were not known to the applicant during the time period specified in subsection (2) of section 140.

(4)

Where the court is convinced that further investigation of the bankrupt debtor’s affairs by the Bankruptcy Trustee is required prior to a hearing of the application to contest discharge, the court may issue a further interim order —

(a)

provisionally suspending the bankrupt debtor’s discharge; and

(b)

postponing the hearing for a period reasonably necessary for such investigation to take place.

(5)

When determining whether to make an interim order under subsections (1) and (4), or to permit a late application under subsection (3), the court shall have due regard to any unfairness to the bankrupt debtor which might result from the extension of the Bankruptcy period.

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