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Contents

Part V · Debt Rehabilitation Orders

67. Application for a Debt Rehabilitation Order

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

(1)

A debtor who meets the criteria in section 66

may apply, on such debtor’s own initiative or through an authorised intermediary, to the Official Receiver for a Debt

Rehabilitation Order.

(2)

The form of an application for a Debt Rehabilitation

Order may be prescribed, in a manner consistent with the goals of procedure as specified in section 65.

(3)

An application for a Debt Rehabilitation Order shall be accompanied by such fee (if any) as may be prescribed in accordance with subsection (8).

(4)

An application for a Debt Rehabilitation Order must include, in addition to any requirements as may be prescribed, a statement of the debtor’s financial affairs, in accordance with section 33.

Rescue, Rehabilitation and Insolvency

(5)

In making an application for a Debt Rehabilitation

Order, the debtor consents to —

(a)

the Official Receiver making such enquiries as it considers necessary to determine whether the debtor meets the eligibility criteria specified in section 66;

(b)

the postponement of the consideration of the

Debt Rehabilitation Order application by the

Official Receiver until the Official Receiver has received satisfactory answers to such enquiries;

(c)

the disclosure by the Official Receiver of personal data of the debtor to creditors and other third parties to the extent necessary for the making and consideration of a Debt Rehabilitation Order application; and

(d)

the disclosure to the Official Receiver, by creditors, government agencies or any other relevant third parties, of personal data of the debtor, to the extent necessary for the making and consideration of a Debt Rehabilitation Order application.

(6)

On submitting an application for a Debt Rehabilitation

Order, the debtor becomes subject to any relevant obligations specified in section 32, that may reasonably apply to the circumstances of a Debt Rehabilitation Order application.

(7)

Details, regarding the actions of authorised intermediaries in assisting a debtor in the preparation and submission of an application for a Debt Rehabilitation

Order, shall be as prescribed.

(8)

Where a fee is prescribed in accordance with subsection (3), the fee must be set at a level consistent with the goals of the procedure as specified in section 65.

Rescue, Rehabilitation and Insolvency

Part VI

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