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Part V · Debt Rehabilitation Orders

69. Offi cial Receiver’s recommen-dation: Debt Rehabilitation Order

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

(1)

This section applies where an application for a

Debt Rehabilitation Order has been made.

(2)

The Official Receiver may postpone consideration and determination of an application for a Debt Rehabilitation

Order until such time as the debtor has provided satisfactory responses to any enquiries made by the Official Receiver in relation to the debtor’s application.

(3)

The Official Receiver must determine the Debt

Rehabilitation Order application by —

(a)

deciding whether to refuse the application; or

(b)

if the Official Receiver does not refuse it, by issuing a certificate recommending a Debt

Rehabilitation Order.

(4)

On issuing a certificate recommending a Debt

Rehabilitation Order, the Official Receiver must -

(a)

present this certificate, together with the Debt

Rehabilitation Order application and any supporting documentation, to the court; and

(b)

give written notice to the debtor, and any authorised intermediary assisting the debtor, of the issuance of the certificate.

(5)

The Official Receiver may refuse the application only if the Official Receiver is authorised to do so by any of the following provisions of this section.

(6)

The

Official

Receiver may refuse the application if the

Official

Receiver considers that —

(a)

the application does not meet all of the requirements imposed under section 68;

Rescue, Rehabilitation and Insolvency

(b)

the conditions specified under section 66 have not been satisfied;

(c)

the debtor has not responded satisfactorily to any enquiries of the Official Receiver within the time periods established by the Official Receiver for making enquiries; or

(d)

the debtor has made any material false representation or omission in making the application or in supplying any additional information to support the application.

(7)

If the Official Receiver refuses an application, the

Official Receiver shall give written notice of such refusal to the debtor and any authorised intermediary assisting the debtor, which shall include the reasons for the refusal.

Read on from s 70

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