Discharge of debtor

54AF1Discharge where Accountant in Bankruptcy the trustee

1

This section applies where the Accountant in Bankruptcy is the trustee.

2

The Accountant in Bankruptcy may discharge the debtor at any time after the date which is 12 months after the date on which sequestration is awarded by granting a certificate of discharge in the prescribed form.

3

The Accountant in Bankruptcy must, as soon as is practicable after the date which is 12 months after the date on which sequestration is awarded—

a

decide whether to discharge the debtor under subsection (2),

b

notify the debtor and every creditor known to the Accountant in Bankruptcy of that decision, and

c

send a report to those persons.

4

The report must give an account of—

a

the debtor’s assets, liabilities, financial affairs and business affairs,

b

the debtor’s conduct in relation to those assets, liabilities, financial affairs and business affairs,

c

the sequestration, and

d

the debtor’s conduct in the course of the sequestration, including compliance with the statement of undertakings.

5

Subsection (6) applies where—

a

the Accountant in Bankruptcy refuses to discharge the debtor under subsection (2), and

b

the debtor is not otherwise discharged.

6

The Accountant in Bankruptcy must, as soon as is practicable after the date which is 12 months after the date of the refusal—

a

decide whether to discharge or refuse to discharge the debtor under subsection (2),

b

notify the debtor and every creditor known to the Accountant in Bankruptcy of that decision, and

c

send a report giving an account of the matters mentioned in subsection (4) to those persons.

7

A discharge under this section must not take effect before the end of the period of 14 days beginning with the day of notification of the decision.