juris

Section 30:

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.

30. Court may grant, refuse or suspend discharge (1) Subject to subsection (2), the Court may grant or refuse an absolute order of discharge or suspend the operation of the order for a specified time or grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt or with respect to his after acquired property. (2) Where the bankrupt has committed any offence under this Act, or any offence connected with his bankruptcy, or where in any case any of the facts mentioned in section 31 are proved, the Court shall either— (a) refuse the discharge; (b) suspend the discharge for such period as the Court thinks proper; (c) suspend the discharge until a dividend of not less than 50 per cent has been paid to the creditors; or (d) require the bankrupt as a condition of his discharge to consent to judgment being entered against him by the Official Receiver or trustee for any balance or part of any balance of the provable debts which is not satisfied at the date of the discharge, such balance or part of any balance of the debts to be paid out of any income from after acquired property of the bankrupt in such manner and subject to such conditions as the Court may direct, but execution shall not be issued on the judgment without leave of the Court, which leave may be given on proof that the bankrupt has since his discharge acquired property or income available towards payment of his debts. (3) Where at any time after the expiration of 2 years from the date of any order made under this section the bankrupt satisfies the Court that there is no reasonable probability of his being in a position to comply with the terms of the order, the Court may modify the terms of the order or of any substituted order in such manner and upon such conditions as it thinks fit. (4) The powers of suspending and of attaching conditions to a bankrupt’s discharge may be exercised concurrently. (5) With a view to removing any statutory disqualification on account of bankruptcy, which is removed if the bankrupt obtains from the Court his discharge with the certificate to the effect that the bankruptcy was caused by B4 – 17 [Issue 1] Bankruptcy Act misfortune without any misconduct on his part, the Court may, if it thinks fit, grant such a certificate, and a refusal to grant such a certificate shall be subject to appeal.

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