Discharge of bankrupt.Discharge of bankrupt.

Discharge of bankrupt.

E.B.A., s. 26.

N.S.W., ss. 39–44.

Vic., ss. 228–246.

S.A., ss. 171–174, 177–181, 186–189, 194.

W.A., ss. 26–29.

Q., ss. 167–170.

Tas., s. 47.

119.—(1.) A bankrupt may, at any time after he has been publicly examined, or at such time as is prescribed, and shall, whenever ordered so to do by the Court on the application of the official receiver or the trustee or a creditor who has proved his debt or in pursuance of this Act, apply to the Court for an order of discharge releasing him from his debts.

(2.) The Registrar shall—

(a) appoint a day for hearing the application which shall be published in the Gazette and in such other manner as is prescribed; and

(b) send, at least fourteen days before the day so appointed, to every creditor who has proved his debt, a notice of the day of hearing.

(3.) If the bankrupt does not apply for an order of discharge whenever ordered so to do, or does not attend the hearing of the application, he shall, unless the Court otherwise directs, in addition to any other penalty to which he is subject, be deemed to be guilty of a contempt of Court.

(4.) Upon any such application, the Court may hear the official receiver, the trustee, any creditor who has proved his debt, and the bankrupt, and may put such questions and receive such evidence as it thinks fit.

(5.) On the hearing of the application the Court—

(a) shall take into consideration any depositions of the bankrupt and any other evidence produced or received, and a report in writing of the trustee as to the bankrupt’s conduct, trade dealings, property, and affairs, and as to his conduct during the proceedings under the bankruptcy;

(b) may either grant or refuse an absolute order of discharge, or may suspend the operation of the order for a specified time, or may grant an order of discharge subject to any conditions with respect to any pay, pension, salary, emoluments, profits, wages, earnings or income which may afterwards become due to the bankrupt, or with respect to his after-acquired property:

Provided that the Court shall refuse the discharge in all cases where the bankrupt has committed any offence under this Act, or any other offence connected with his bankruptcy, unless the Court, in its discretion, otherwise determines;

(c) may adjourn the hearing of the application from time to time; and

(d) may make such order as it thinks fit as to costs, charges, and expenses of the application.

(6.) The Court shall, on proof of any of the facts mentioned in the next succeeding sub-section, either—

(a) refuse the discharge; or