PART 11

Discharge

Discharge of debtor

Deferral of discharge where debtor cannot be traced
141
1
Subsection (2) applies where the trustee—
a
having made reasonable inquiries, is unable to ascertain the whereabouts of the debtor, and
b
as a result is unable to carry out the trustee's functions in accordance with section 50.
2
The trustee must—
a
notify the debtor by sending to the last known address of the debtor a deferral notice in the prescribed form,
b
give a deferral notice to every creditor known to the trustee, and
c
where the trustee is not AiB, apply in the prescribed form to AiB for a deferral.
3
Any deferral application under subsection (2)(c) must be made by the trustee—
a
no earlier than the date which is 8 months after the date on which sequestration is awarded, and
b
no later than the date which is 10 months after the date on which sequestration is awarded.
4
After receiving a deferral application, AiB must—
a
take into account any representations made by an interested person within 14 days beginning with the day on which the application is made, and
b
if satisfied of the matters mentioned in subsection (5), issue a certificate deferring discharge indefinitely.
5
The matters are—
a
that the trustee is unable to ascertain the whereabouts of the debtor, and
b
it would not be reasonably practicable for the trustee to continue to search for the debtor.
6
Where AiB is the trustee and has given a deferral notice in accordance with subsection (2)(b), AiB must—
a
take into account any representations made by an interested person within 14 days beginning with the day on which the deferral notice is given, and
b
if satisfied that it would not be reasonably practicable to continue to search for the debtor, issue a certificate deferring discharge indefinitely.
7
Where a certificate is issued under subsection (4)(b) or (6)(b), AiB must make an appropriate entry in the register of insolvencies.
S. 141 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2