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Section 57: Automatic discharge

Insolvency Act · PART II: BANKRUPTCY AND ALTERNATIVES

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

57. Automatic discharge (1) Subject to section 19 (4) and this section, a bankrupt is automatically discharged from bankruptcy 3 years after adjudication, but may apply to be discharged earlier. I14 – 39 [Issue 2] Insolvency Act (2) A bankrupt shall not be automatically discharged where— (a) the Official Receiver or a creditor has objected under subsection (4) and the objection has not been withdrawn at the end of 3 years after adjudication; (b) the bankrupt has to be publicly examined under section 51 and that examination has not taken place; or (c) the bankrupt is undischarged from an earlier bankruptcy. (3) The automatic discharge of a bankrupt has the same effect as if the Court made an order for the bankrupt’s discharge. (4) The Official Receiver or, with the permission of the Court, a creditor may object to a bankrupt’s automatic discharge in such manner as may be prescribed. (5) (a) An objection to the automatic discharge of a bankrupt may be withdrawn in such manner as may be prescribed. (b) The bankrupt is automatically discharged on the withdrawal of an objection where— (i) 3 years have elapsed after adjudication; and (ii) there is no other objection to the discharge that has not been withdrawn.

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