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Part V · Debt Rehabilitation Orders

79. Revocation of Debt Rehabilitaion Order 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 Official

Receiver or a creditor, and after written notice to the debtor and a hearing, revoke a discharge that has been granted under section 73.

(2)

An application to revoke a discharge under this section may only be made at a time before twelve months after the date of discharge under section 73.

(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 debtor; or

(b)

the debtor failed, with fraudulent intent, to disclose income or property to the Official

Receiver, where —

(i)

such income was not protected income under section 36; or

(ii)

such property was not protected property under section 34, and the applicant did not know of such fraud, or such failure to disclose, until after discharge.

(4)

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or affect the rights or remedies that any person other than the debtor would have had if the discharge had not been revoked.

Rescue, Rehabilitation and Insolvency

(5)

On the revocation of a discharge under this section —

(a)

the debts that were cancelled under section 73

shall be enforceable; and

(b)

the debtor shall be liable to pay any interest, fees or charges that may have accrued while the Debt Rehabilitation Order was in effect, or after the debtor was discharged.

Read on from s 80

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