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Part V · Debt Rehabilitation Orders

68. Criteria for making Debt Rehabilitation Order

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

(1)

For the purposes of determining a Debt

Rehabilitation Order Application, the Official Receiver shall apply the following presumptions.

(2)

The Official Receiver shall be able to presume that the debtor is unable to pay debts at the time of determining the application if —

(a)

it appears to the Official Receiver to be the case at the application date from the information supplied in the application and the Official Receiver has no reason to believe that the information supplied is incomplete or inaccurate; and

(b)

the Official Receiver has no reason to believe that, by virtue of a change in the debtor's financial circumstances since the application date, the debtor may be able to pay his debts.

(3)

The Official Receiver shall be able to presume that all other conditions specified in section 66 are satisfied if —

(a)

it appears to the Official Receiver from the information supplied in the application that the information supplied is incomplete or inaccurate;

(b)

any verification checks, as may have been prescribed, have been made; and

(c)

the Official Receiver has no reason to believe that, by virtue of a change in the debtor's circumstances since the application date, any condition may no longer be satisfied.

(4)

References in this section to information supplied in the application includes information provided to the Official

Receiver in support of the application, or in response to any enquiries of the Official Receiver.

Rescue, Rehabilitation and Insolvency

Read on from s 69

Part VI

Read on from Part VI

Part VII

Personal Insolvency Register

Read on from Part VII

Part VIII

Read on from Part VIII

Part IX

Read on from Part IX

Part X

Compromises

Read on from Part X

Part XI

Micro Small Medium Enterprise (MSME) Company Debt Restructuring Arrangements

Read on from Part XI

Part XII

Read on from Part XII

Part XIII

Read on from Part XIII

Part XIV

Cross - Border Insolvency

Read on from Part XIV

Part XV

Read on from Part XV

Part XVI

Read on from Part XVI

Part XVII

Read on from Part XVII

Schedules