PART 11

Discharge

Discharge of debtor

Debtor not traced: subsequent debtor contact
143
1
This section applies where—
a
a certificate is issued under section 141(4)(b) or (6)(b), and
b
the trustee ascertains the whereabouts of the debtor or the debtor makes contact with the trustee.
2
Where AiB is the trustee, AiB may discharge the debtor at any time after the date which is 12 months after that on which—
a
the whereabouts of the debtor were ascertained, or
b
the debtor made contact with the trustee.
3
Where AiB is not the trustee, the trustee must prepare and send a report to AiB without delay after the date which is 10 months after the earlier of—
a
the date on which the whereabouts of the debtor were ascertained by the trustee, and
b
the date on which the debtor made contact with the trustee.
4
If the trustee sends a report to AiB under subsection (3)—
a
the report must include the matters which, in a report sent to AiB, are included in accordance with subsection (5) of section 137, and
b
subsection (6) of that section applies to a report sent under this section as it applies to a report sent in accordance with subsection (4) of that section.
5
After receiving a report under subsection (3), AiB may discharge the debtor by granting a certificate of discharge in the prescribed form.
6
Before deciding whether to discharge the debtor under subsection (5), AiB must—
a
consider the report prepared under subsection (3), and
b
take into account any representations received during the 28 days mentioned in subsection (6)(b) of section 137 (as applied in accordance with subsection (4)).
7
Discharge under subsection (2) or (5) is not to take effect before the expiry of 14 days beginning with the day of notification of the decision to discharge.
8
Discharge under subsection (2) or (5) is deemed for the purposes of section 145 to have been given under section 137(2).
S. 143 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2