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Section 18: Public examination of debtor

Bankruptcy Act · PART I: PROCEEDINGS FROM ACT OF BANKRUPTCY TO DISCHARGE

consolidated text (as at 2000). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

18. Public examination of debtor (1) Where the Court makes a receiving order, it shall hold a public sitting, on a day to be appointed by the Court, for the examination of the debtor, and the debtor shall attend the sitting and shall be examined as to his conduct, dealings and property. (2) The examination shall be held as soon as may be convenient after the expiration of the time for the submission of the debtor’s statement of affairs. (3) The Court may adjourn the examination. (4) Any creditor who has tendered a proof, or his representative authorised in writing, may question the debtor concerning his affairs and the causes of his failure. (5) The Official Receiver shall take part in the examination of the debtor, and for this purpose, if specially authorised by the Court, may employ an attorney with or without barrister. (6) Where a trustee is appointed before the conclusion of the examination, he may take part in it. (7) The Court may put such questions to the debtor as it may think expedient. (8) The debtor shall be examined upon oath, and he shall answer all such questions as the Court may put or allow to be put to him and such notes of the examination as the Court thinks proper shall be taken down in writing, and shall be read over to and signed by the debtor, and may thereafter be used in evidence against him, and they shall also be open to the inspection of any creditor at all reasonable times. (9) Where the Court is of opinion that the affairs of the debtor have been sufficiently investigated, it shall, by order, declare that his examination is concluded, but such order shall not be made until after the day appointed for the first meeting of creditors.

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