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Contents

Part V · Debt Rehabilitation Orders

70. Court Determination of Debt Rehabilitation Order application

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

(1)

Where the court receives a recommendation for a Debt Rehabilitation Order under section 69, the court shall consider the recommendation, together with any accompanying documentation.

(2)

When considering an application under this section, the court shall be entitled to treat a certificate issued by the Official Receiver under section 69, as evidence of the matters certified therein.

(3)

Having considered the recommendation for a debt rehabilitation order, the court shall make a Debt

Rehabilitation Order in relation to the insolvent individual if the court considers that —

(a)

the debtor meets the eligibility criteria in section 66; and

(b)

the court has no reason to believe that the debtor has made a material false representation or omission in making the application.

Rescue, Rehabilitation and Insolvency

(4)

Having considered a recommendation for a Debt

Rehabilitation Order, the court shall refuse an application to make a Debt Rehabilitation Order in relation to the debtor if the court considers that —

(a)

the debtor does not meet the eligibility criteria in section 66; or

(b)

the debtor has made any material false representation or omission in making the application or on supplying any accompanying information.

(5)

On the making of a Debt Rehabilitation Order, the court shall direct the Official Receiver to cause such details of the order as may be prescribed, including the name, address and description of the debtor, and the date of the order, to be published —

(a)

in the Personal Insolvency Register; and

(b)

by public notice.

(6)

On the making of a Debt Rehabilitation Order, the court shall direct the Official Receiver to give written notice to —

(a)

the debtor of the issue of the Debt Rehabilitation

Order;

(b)

the debtor of the obligations of debtor's under section 32, to the extent that these duties apply for the duration of the Debt Rehabilitation Order;

(c)

each known creditor of the debtor of the issue of the Debt Rehabilitation Order and the inclusion of each known creditor’s debt; and

(d)

each known creditor of the debtor of the rights of creditors to object to the Debt Rehabilitation

Order under section 75.

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