Rescue, Rehabilitation and Insolvency (Corporate and Personal) Act 2026 · As enacted · Part VI
84. Making of Bankruptcy Order on debtor application
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
After receiving an application for a Bankruptcy
Order, a court must decide within a period of one hundred and eighty days, or such other period as may be prescribed, whether —
the eligibility criteria of sections 81 and 82 are met;
the debtor is unable to pay such debts; and
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no Bankruptcy Order has been made in respect of any of the debts which are the subject of the application at the date of the court decision.
After receiving an application for a Bankruptcy
Order, a court may at any time request the debtor to furnish any information that the court considers necessary for the purpose of deciding whether a Bankruptcy Order should be made.
If the court is satisfied that the requirements of subsection (1) are met, the court shall make a Bankruptcy
Order in respect of the debtor.
If the court is not satisfied that the requirements of subsection (1) are met, the court shall refuse to make a
Bankruptcy Order in respect of the debtor, and shall give written notice to the debtor —
of the reasons for the refusal; and
of the possibility of reviewing the decision under subsection (5).
Where the court has refused to make a Bankruptcy
Order, the debtor may request that the court review the available information and on this review the court shall —
confirm the refusal to make a Bankruptcy Order;
or
make a Bankruptcy Order in respect of the debtor.
Where the court makes a Bankruptcy Order, it shall, as soon as reasonably practicable —
provide a copy of the order to the debtor;
provide a copy of the order to the Official
Receiver; and
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provide written notice of the order to each known creditor of the debtor.
Where the court makes a Bankruptcy Order, the
Official Receiver shall cause such details of the Bankruptcy
Order as may be prescribed, including the name, address, and description of the debtor, and the date of the order, to be published -
in the Personal Insolvency Register; and
by public notice.
The form of notice to be provided by the Official
Receiver under subsection (6) may be prescribed.
The date of the Bankruptcy Order shall, for the purposes of this Act, be the date of the commencement of the Bankruptcy.
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