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Section 28: Discovery of debtor’s 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.

28. Discovery of debtor’s property (1) The Court may, on the application of the Official Receiver or trustee, at any time after a receiving order has been made against a debtor, summon before it the debtor or his wife, or any person known or suspected to have in his possession any part of the estate or any effects belonging to the debtor, or supposed to be indebted to the debtor, or any person whom the Court considers capable of giving information respecting the debtor, his dealings or property, and the Court may require that person to produce any documents in his custody or power relating to the debtor, his dealings or property. (2) Where any person so summoned after having been tendered a reasonable sum, refuses to come before the Court at the time appointed, or refuses to produce any such document, having no lawful impediment made known to the Court at the time of its sitting and allowed by it, the Court may, by warrant, cause him to be apprehended and brought up for examination. (3) The Court may examine on oath, either by word of mouth or by written interrogatories, any person so brought before it concerning the debtor, his dealings or property. (4) Where any person on examination before the Court admits that he is indebted to the debtor, the Court may, on the application of the Official Receiver or trustee, order him to pay to the official Receiver or trustee, at such time and in such manner as the Court considers expedient, the amount admitted, or any part thereof, either in full discharge of the whole amount in question or not, as the Court thinks fit, with or without costs of the examination. (5) Where any person on examination before the Court admits that he has in his possession any property belonging to the debtor, the Court may, on the application of the Official Receiver or trustee, order him to deliver to the Official Receiver or trustee such property or any part thereof, at such time, in such manner, and on such terms as the Court considers just.

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