PART 11

Discharge

Discharge of debtor

Discharge of debtor where Accountant in Bankruptcy trustee
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1
This section applies where AiB is the trustee.
2
AiB may, by granting a certificate of discharge in the prescribed form, discharge the debtor at any time after the date which is 12 months after the date on which sequestration is awarded.
3
AiB must, as soon as practicable after the date which is 12 months after the date on which sequestration is awarded—
a
decide whether to discharge the debtor under subsection (2),
b
notify the debtor and every creditor known to AiB of that decision, and
c
send a report to those persons.
4
The report must give an account of—
a
the debtor’s assets, liabilities, financial affairs and business affairs,
b
the debtor’s conduct in relation to those assets, liabilities and affairs,
c
the sequestration, and
d
the debtor’s conduct in the course of the sequestration, including compliance with the statement of undertakings.
5
Subsection (6) applies where—
a
AiB refuses to discharge the debtor under subsection (2), and
b
the debtor is not otherwise discharged.
6
AiB must, as soon as practicable after the date which is 12 months after the date of the refusal—
a
decide whether to discharge or refuse to discharge the debtor under subsection (2),
b
notify the debtor and every creditor known to AiB of that decision, and
c
send a report giving an account of the matters mentioned in subsection (4) to those persons.
7
Discharge under this section is not to take effect before the expiry of 14 days beginning with the day of notification of the decision to discharge.