Discharge of bankrupt

(1) A bankrupt may, at any time after being adjudged bankrupt, apply to the court for an order of discharge, and the court shall appoint a day for hearing the application, but the application shall not be heard until the public examination of the bankrupt is concluded. (2) The application shall be heard in open court. 31 (3) On the hearing of the application, the court shall take into consideration a report of the Official Receiver as to the bankrupt’s conduct and affairs (including a report as to the bankrupt’s conduct during the proceedings under his bankruptcy), and may either 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. (4) The court shall refuse the discharge in all cases where the bankrupt has been convicted of any offence under this Act or under the Debtors Act, Cap. 168, or any other offence connected with his bankruptcy, unless for special reasons the court otherwise determines, and shall, on proof of any of the facts mentioned in subsection (6) of this section, either, (a) refuse the discharge; (b) suspend the discharge for a period of not less than two years; (c) suspend the discharge until a dividend of not less than fifty per centum 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 debts provable under the bankruptcy 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 the future earnings or 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 32 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. (5) Where, at any time after the expiration of two years from the date of any order made under this section, the bankrupt shall satisfy the court that there is no reasonable probability of his being in a position to comply with the terms of such order, the court may modify the terms of the order, or of any substituted order, in such manner and upon such conditions as it may think fit. (6) The facts referred to in subsection (4) of this section are, (a) that the bankrupt’s assets are not of a value equal to fifty per centum on the amount of his unsecured liabilities, unless he satisfies the court that the fact that the assets are not of a value equal to fifty per centum on the amount of his unsecured liabilities has arisen from circumstances for which he cannot justly be held responsible; (b) that the bankrupt has omitted to keep such books of account as are usual and proper in the business carried on by him and has sufficiently disclosed his business transactions and financial position within the three years immediately preceding his (c) that the bankrupt has continued to trade after knowing himself to be insolvent; (d) that the bankrupt has contracted any debt provable in the bankruptcy without having at the time of contracting it any reasonable or 33 probable ground of expectation (proof whereof shall lie on him) of being able to pay it; (e) that the bankrupt has failed to account satisfactorily for any loss of assets or for any deficiency of assets to meet his liabilities; (f) that 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) that 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) that the bankrupt has within three months preceding the date of the receiving order incurred unjustifiable expense by bringing a frivolous or vexatious action; (i) that the bankrupt has within three 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 (j) that the bankrupt has within three months preceding the date of the receiving order incurred liabilities with a view of making his assets equal to fifty per centum of the amount of his unsecured liabilities; (k) that the bankrupt has on any previous occasion been adjudged bankrupt, or made a 34 or with his (l) that the bankrupt has been guilty of any fraud or fraudulent breach of trust. (7) For the purposes of this section, a bankrupt’s assets shall be deemed of a value equal to fifty per centum of the amount of his unsecured liabilities when 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 fifty per centum 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. (8) For the purposes of this section, the report of the Official Receiver shall be prima facie evidence of the statements therein contained. (9) Notice of the appointment by the court of the day for hearing the application for discharge shall be published in the prescribed manner, and sent fourteen days at least before the day so appointed to each creditor who has proved, and the court may hear the Official Receiver and the trustee, and may also hear any creditor. (10) At the hearing, the court may put such questions to the debtor and receive such evidence as it may think fit. (11) The powers of suspending and of attaching conditions to a bankrupt’s discharge may be exercised concurrently. (12) A discharged bankrupt shall, notwithstanding his discharge, give such assistance as the trustee may require in the realisation and distribution of such of his property as is vested in the trustee, and if he fails to do so he shall be guilty of a contempt of court, and the court may also, if it thinks fit, revoke his discharge, but without prejudice to the validity of 35 any sale, disposition or payment duly made or thing duly done, subsequent to the discharge but before its revocation.