juris

Section 31:

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.

31. Where discharge can be refused or suspended (1) The facts referred to in section 30 (2) are the following— (a) the bankrupt’s assets are not of a value equal to 50 per cent of the amount of his unsecured liabilities, unless he satisfies the Court that the fact that the assets are not of a value equal to 50 per cent of the amount of his unsecured liabilities has arisen from circumstances for which he cannot justly be held responsible; (b) the bankrupt has omitted to keep such books of account as are usual and proper in the business carried on by him and has not sufficiently disclosed his business transactions and financial position within the 3 years immediately preceding his bankruptcy; (c) the bankrupt has continued to trade after knowing himself to be insolvent; (d) the bankrupt has contracted a provable debt without having at the time of contracting it any reasonable or probable ground of expectation (proof of which shall lie on him) of being able to pay it; (e) the bankrupt has failed to account satisfactorily for any loss of assets or for any deficiency of assets to meet his liabilities; (f) the bankrupt has brought on or contributed to his bankruptcy by rash and hazardous speculations, or by unjustifiable extravagance in living, or by gambling, or by culpable neglect of his business affairs; (g) the bankrupt has put any of his creditors to unnecessary expense by a frivolous or vexatious defence to any action properly brought against him; (h) the bankrupt has brought on or contributed to his bankruptcy by incurring unjustifiable expense in bringing any frivolous or vexatious action; (i) the bankrupt has, within 3 months preceding the date of the receiving order, when unable to pay his debts as they become due, given an undue preference to any of his creditors; (j) the bankrupt has, within 3 months preceding the date of the receiving order, incurred liabilities with a view to making his assets equal to 50 per cent of the amount of his unsecured liabilities; (k) the bankrupt has on any previous occasion been adjudged bankrupt, or made a composition or arrangement with his creditors; (l) the bankrupt has been guilty of any fraud or any fraudulent breach of trust. [Issue 1] B4 – 18 Revised Laws of Mauritius (2) For the purposes of this section, a bankrupt’s assets shall be deemed of a value equal to 50 per cent of the amount of his unsecured liabilities where the Court is satisfied that the property of the bankrupt has realised, or is likely to realise, or with due care in realisation might have realised, an amount equal to 50 per cent of his unsecured liabilities, and a report by the Official Receiver or the trustee shall be prima facie evidence of the amount of such liabilities.

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