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Contents

Part VI

144. Revocation of Bankruptcy Discharge

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

(1)

The court may, on the application of the

Bankruptcy Trustee or a creditor, and after notice to the bankrupt debtor and a hearing, revoke a discharge granted under sections 138 or 139.

(2)

An application to revoke a discharge under this section may only be made at a time before one year after the discharge.

(3)

The court may only revoke a discharge under this section if the court is satisfied that-

(a)

the discharge was obtained through the fraud of the bankrupt debtor; and the applicant did not know of such fraud until after such discharge; or

(b)

the bankrupt debtor failed, with fraudulent intent, to report income and property to the Bankruptcy

Trustee, where such income and property were not exempt from distribution to creditors under the rules of sections 34, 35 and 36.

(4)

The revocation of a discharge under this section does not prejudice or affect the rights or remedies that any person other than the bankrupt debtor would have had if the discharge had not been revoked.

(5)

Property that has been acquired by the bankrupt debtor after discharge and that is vested in the bankrupt debtor on the date of the revocation-

(a)

vests in the Bankruptcy Trustee subject to any encumbrances; and

(b)

must be applied by the Bankruptcy Trustee to pay debts that the bankrupt debtor has incurred since the date of discharge.

Rescue, Rehabilitation and Insolvency

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