30
Effect of order of discharge. 46 & 47 Vict.
c. 52 8:30.
No. 7] THE ORDINANCES OF HONGKONG: [A.D. 1891
(k.) that a dividend or dividends of 50 per cent. has or have not been paid or will not, in the opinion of the Trustee, be payable on the debts proved.
(5.) The Court may, on proof to its satisfaction of the facts mentioned in paragraphs (a.), (b.), (c.), (d.), (e.), or (f.) of the last preceding sub-section, summarily sentence the bankrupt to imprisonment, with or without hard labour, for any term not exceeding one year.
(6.) Notice of the appointment by the Court of the day for hearing the application for discharge shall be gazetted and published in at least one local newspaper not less than fourteen days before the day so appointed. The Court may hear the Official Receiver, the Trustee, and any creditor. At the hearing the Court may put such questions to the debtor and receive such evidence as it may think fit.
(7.) The Court may, as one of the conditions referred to in this section, allow judgment to be entered against the bankrupt by the 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, but in such case execution shall not be issued on the judgment without leave of the Court, which leave may be given on proof that the bankrupt has since his discharge, acquired property or income available for payment of his debts.
(8.) A discharged bankrupt shall, notwithstanding his discharge, give such assistance as the Trustee may require in the realization 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 any sale, disposition, or payment duly made or thing duly done subsequent to the discharge but before its revocation.
28—(1) An order of discharge shall not release the bankrupt from any debt on a recognizance or bail-bond to the Crown or to a public Officer as such or from any debt with which the bankrupt may be chargeable at the suit of any public officer on behalf of the Crown, and the bankrupt shall not be discharged from such excepted debts unless the Colonial Treasurer certifies in writing his consent to his being discharged therefrom.
(2.) An order of discharge shall not release the bankrupt from any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party or from any debt or liability whereof he has obtained forbearance by any fraud to which he was a party.
(3.) An order of discharge shall release the bankrupt from all other debts provable in bankruptcy.
30
Effect of order of discharge. 46 & 47 Vict.
c. 52 8:30.
No. 7] THE ORDINANCES OF HONGKONG: [A.D. 1891
(k.) that a dividend or dividends of 50 per cent. has o have not been paid or will not, in the opinion of the Trustee, be payable on the debts proved.
(5.) The Court may, on proof to its satisfaction of the facts mentioned in paragraphs (a.), (b.), (c.), (d.), (e.), or (f.) of the last preceding su section, summarily sentence the bankrupt to imprisonment, with without hard labour, for any term not exceeding one year.
(6.) Notice of the appointment by the Court of the day for hearing the application for discharge shall be gazetted and published in at lea one local newspaper not less than fourteen days at least before the day so appointed. The Court may hear the Official Receiver, the Trusted and any creditor. At the hearing the Court may put such questions the debtor and receive such evidence as it may think fit.
اد
+
(7.) The Court may, as one of the conditions referred to in this section allow judgment to be entered against the bankrupt by the Trustee any balance or part of any balance of the debts provable under th bankruptcy which is not satisfied at the date of the discharge, but such case execution shall not be issued on the judgment without leave of the Court, which leave may be given on proof that the bankrupt ha since his discharge, acquired property or income available for paymen of his debts.
-
(8.) A discharged bankrupt shall, notwithstanding his discharge, giv such assistance as the Trustee may require in the realization and dis tribution of such of his property as is vested in the Trustee, and, if fails to do so, he shall be guilty of a contempt of Court, and the Cour may also, if it thinks fit, revoke his discharge, but without prejudice the validity of any sale, disposition, or payment duly made or thing dul done subsequent to the discharge but before its revocation.
28-(1) An order of discharge shall not release the bankrupt from any debt on a recognizance or bail-bond to the Crown or to a public Officer as such or from any debt with which the bankrupt may chargeable at the suit of any public officer on behalf of the Crown, and the bankrupt shall not be discharged from such excepted debts unless the Colonial Treasurer certifies in writing his consent to his being discharged. therefrom.
(2.). An order of discharge shall not release the bankrupt from any debt or liability incurred by means of any fraud or fraudulen breach of trust to which he was a party or from any debt or liability whereof he has obtained forbearance by any fraud to which he wa a party
(3.) An order of discharge shall release the bankrupt from all otha debts provable in bankruptcy
No comments yet.
Private notes are available after approval.