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Section 25: Discovery and realisation of property

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.

25. Discovery and realisation of property (1) Every debtor against whom a receiving order is made shall, unless prevented by sickness or other sufficient cause, attend the first meeting of his creditors, and shall submit to such examination and give such information as the meeting may require. (2) He shall give such inventory of his property, such list of his creditors and debtors, and of the debts due to and from them respectively, submit to such examination in respect of his property or his creditors, attend such other meetings of his creditors, wait at such times on the Official Receiver, special manager or trustee, execute such powers of attorney, conveyances, deeds, and instruments, and generally do all such acts and things in relation to his property and the distribution of the proceeds amongst his creditors as may be reasonably required by the Official Receiver, special manager, or trustee, or as may be prescribed by general rules, or be directed by the Court by any special order or orders made in reference to any particular case, or made on the occasion of any special application by the Official Receiver, special manager, trustee, or any creditor or interested person. (3) He shall, if adjudged bankrupt, assist to the utmost of his power, in the realisation of his property and the distribution of the proceeds among his creditors. (4) Where a debtor wilfully fails to perform the duties imposed on him by this section or to deliver up possession of any part of his property, which is divisible among his creditors under this Act and which is for the time being in his possession or under his control, to the Official Receiver or to the trustee, or [Issue 1] B4 – 14 Revised Laws of Mauritius to any person authorised by the Court to take possession of it, he shall, in addition to any other punishment to which he may be subject, commit a contempt of Court, and may be punished accordingly.

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