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Bankruptcy (Amendment) Act 2017 [Act A1534]

31 Substitution of section 30   cite [+]

The principal Act is amended by substituting for section 30 the following section:

"30. Redirection of letters

Where a debtor has been adjudged bankrupt, the court, on the application of the Director General of Insolvency, may order that for a period not exceeding three months letters posted to the bankrupt at any place mentioned in the order for redirection be redirected, sent or delivered by the postal authorities to the Director General of Insolvency or otherwise as the court directs, and the same shall be done accordingly.".

32 Amendment of section 31   cite [+]

Section 31 of the principal Act is amended-

(a) in the shoulder note, by substituting for the word "debtor's" the word "bankrupt's";

(b) in subsection (1), by substituting for the words "after a receiving order has been made against a debtor" the words "after a debtor has been adjudged bankrupt"; and

(c) by substituting for the word "debtor" wherever appearing the word "bankrupt".

33 Amendment of section 32   cite [+]

Section 32 of the principal Act is amended-

(a) in subsection (1)-

(i) by substituting for the words "receiving order has been made against a debtor" the words "debtor has been adjudged bankrupt"; and

(ii) by substituting for the word "the debtor" the word "the bankrupt"; and

(b) in subsection (2), by substituting for the words "the debtor" the words "the bankrupt".

34 Amendment of section 33   cite [+]

Section 33 of the principal Act is amended-

(a) in subsection (6), by substituting for the word "receiving" wherever appearing the word "bankruptcy"; and

(b) in subsection (12)-

(i) in paragraph (a), by substituting for the word "adjudication" the words "bankruptcy order"; and

(ii) in paragraph (d), by substituting for the word "receiving" the word "bankruptcy".

35 Amendment of section 33A   cite [+]

Subsection 33A(2) of the principal Act is amended by substituting for the words "the receiving order and the order by which he was adjudged bankrupt were made" the words "of the bankruptcy order".

36 Amendment of section 33B   cite [+]

Section 33B of the principal Act is amended by inserting after subsection (2) the following subsection:

"(2A) Notwithstanding subsection (2), no objection shall be made against-

(a) a bankrupt who was adjudged bankrupt by reason of him being a social guarantor;

(b) a bankrupt who is registered as a person with disability under the Persons with Disabilities Act 2008 [Act 685];

(c) a deceased bankrupt; and

(d) a bankrupt suffering from a serious illness certified by a Government Medical Officer.".

37 New section 33C   cite [+]

The principal Act is amended by inserting after section 33B the following section:

"33C. Automatic discharge

(1) A bankrupt shall be discharged from bankruptcy under this section on the expiration of three years from the date of the submission of the statement of affairs under subsection 16(1)-

(a) if the bankrupt has achieved amount of target contribution of his provable debt; and

(b) if the bankrupt has complied with the requirement to render an account of moneys and property to the Director General of Insolvency under
paragraph 38(1)(b).

(2) Contribution of the bankrupt's provable debt referred to in paragraph (1)(a) shall be determined by the Director General of Insolvency and the Director General of Insolvency shall take into account-

(a) the provable debt of the bankrupt;

(b) the current monthly income of the bankrupt;

(c) the extent to which the current monthly income of the bankrupt's spouse may contribute to the maintenance of the bankrupt's family;

(d) the monthly income that the bankrupt may reasonably be expected to earn over the duration of the bankruptcy, taking into account-

(i) the previous and current monthly income of the bankrupt;

(ii) the educational and vocational qualifications, age and work experience of the bankrupt;

(iii) the range of monthly income earned by persons who are employed in occupations, positions or roles similar to that in which the bankrupt is, or can be expected to be, employed;

(iv) the effect which the bankruptcy may have on the bankrupt's earning capacity or other income;

(v) the prevailing economic conditions; and

(vi) the period of time during which the bankrupt is likely to be capable of earning a meaningful income;

(e) the reasonable expenses for the maintenance of the bankrupt and the bankrupt's family; or

(f) the property of the bankrupt under paragraph 48(1)(b) which may be realized during the period of three years.

(3) For the purposes of a discharge under this section, the Director General of Insolvency shall serve a notice of the discharge to each of his creditors not less than six months before the expiration of the period referred to in subsection (1), but such notice shall not be served earlier than a year before the expiration of such period.

(4) A creditor who wishes to object to the discharge under this section shall, within twenty-one days from the date the notice in subsection (3) is served on him, make an application as prescribed to the court for an order to suspend the discharge under this section, but no objection shall be made except on the following grounds:

(a) that the bankrupt has committed any offence under this Act or under section 421, 422, 423 or 424 of the Penal Code;

(b) that the discharge under this section would prejudice the administration of the bankrupt's estate; or

(c) that the bankrupt has failed to co-operate in the administration of estate.

(5) A creditor who fails to file an application in accordance with subsection (4) is deemed to have no objection to the discharge.

(6) A notice of application under subsection (4) shall be served on the Director General of Insolvency and the bankrupt at least fourteen days before the date of hearing of the application and the court shall hear the Director General of Insolvency and the bankrupt before making an order on the application.

(7) Upon an application made under subsection (4), the court may, if it thinks just and expedient-

(a) dismiss the application and approve the discharge under this section; or

(b) suspend the discharge under this section for a period of two years.

(8) Where the court makes an order under paragraph (7)(b), the bankrupt shall-

(a) continue to fulfil his duties and obligations under this Act during that period; and

(b) be discharged automatically at the end of the two years' period.

(9) The Director General of Insolvency shall, upon the application of any interested person and payment of the prescribed fee, issue a certificate of automatic discharge to the applicant-

(a) upon the making of an order under paragraph (7)(a); or

(b) where there is no objection under subsection (4), on the expiration of the period referred to in paragraph (1)(a).".

38 Amendment of section 36   cite [+]

Paragraph 36(2)(a) of the principal Act is amended by substituting for the words "adjudication of bankruptcy" the words "bankruptcy order".

39 Amendment of section 38   cite [+]

Section 38 of the principal Act is amended by substituting for the shoulder note the following shoulder note:

"Duties and disabilities of bankrupt".

40 Amendment of section 45   cite [+]

Section 45 of the principal Act is amended-

(a) in subsection (1), by substituting for the words "order of adjudication" the words "bankruptcy order"; and

(b) in subsection (2), by substituting for the words ' "order of adjudication" ' the words ' " bankruptcy order" '.



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