A 28
[Subsidiary] Gazetting order.
R235.
G.N.A. 124/55.
Execution on judgment in case of conditional discharge. R236.
Accounts of after-acquired property. R237.
Verification of statements of after-acquired property, etc. R238.
Form 93.
Application for modification of order.
R239.
CAP. 6]
Bankruptcy Rules
[1977 Ed.
95. When the time for appeal has expired or, as the case may be, when the appeal has been decided by the Court of Appeal, the Official Receiver shall forthwith gazette the order, and advertise it in one local newspaper.
96. (1) An application by the Official Receiver or trustee for leave to issue execution on a judgment entered pursuant to a conditional order of discharge shall be in writing and shall state shortly the grounds on which the application is made. When the application is lodged, the Registrar shall fix a day for the hearing.
(2) The Official Receiver or trustee shall give notice of the application to the debtor not less than 4 days before the day appointed for the hearing and shall at the same time furnish him with a copy of the application. Such notice may be shortened or dispensed with on sufficient grounds, one of which shall be the probability of the debtor absconding.
97. Where a bankrupt is discharged subject to the condition that judgment shall be entered against him, or subject to any other condition as to his future earnings or after-acquired property, it shall be his duty, until such judgment or condition is satisfied, from time to time to give the Official Receiver such information as he may require with respect to his earnings and after-acquired property and income, and not less than once a year to file in the court a statement showing the particulars of any property or income he may have acquired subsequent to his discharge.
98. Any statement of after-acquired property or income filed by a bankrupt whose discharge has been granted subject to conditions shall be verified by affidavit, and the Official Receiver or trustee may require the bankrupt to attend before the court to be examined on oath with reference to the statements contained in such affidavit or as to his earnings, income, after-acquired property or dealings. Where a bankrupt neglects to file such affidavit or to attend the court for examination when required so to do, or properly to answer all such questions as the court may put or allow to be put to him, the court may, on the application of the Official Receiver or trustee, rescind the order of discharge, commit the bankrupt for contempt of court or make such other order as it may see fit.
99. Where, after the expiration of 2 years from the date of any order made upon a bankrupt's application for a discharge, the bankrupt applies to the court to modify the terms of the order on the ground that there is no reasonable probability of his being in a position to comply with the terms of such order, he shall give 14 days' notice of the day fixed for hearing the application to the Official Receiver and to all his creditors.
A 28
[Subsidiary] Gazetting order.
R235.
G.N.A. 124/55.
Execution on judgment in case of conditional discharge. R236.
Accounts of after-acquired
property. R237.
Verification of statements of after-acquired
property, etc. R238.
Form 93.
Application for modification
of order.
R239.
CAP. 6]
Bankruptcy Rules
[1977 Ed.
95. When the time for appeal has expired or, as the case may be, when the appeal has been decided by the Court of Appeal, the Official Receiver shall forthwith gazette the order, and advertise it in one local newspaper.
96. (1) An application by the Official Receiver or trustee for leave to issue execution on a judgment entered pursuant to a conditional order of discharge shall be in writing and shall state shortly the grounds on which the application is made. When the application is lodged, the Registrar shall fix a day for the hearing.
(2) The Official Receiver or trustee shall give notice of the application to the debtor not less than 4 days before the day appointed for the hearing and shall at the same time furnish him with a copy of the application. Such notice may be shortened or dispensed with on sufficient grounds, one of which shall be the probability of the debtor absconding.
97. Where a bankrupt is discharged subject to the condition that judgment shall be entered against him, or subject to any other condition as to his future earnings or after-acquired property, it shall be his duty, until such judgment or condition is satisfied, from time to time to give the Official Receiver such information as he may require with respect to his earnings and after-acquired property and income, and not less than once a year to file in the court a statement showing the particulars of any property or income he may have acquired subsequent to his discharge.
98. Any statement of after-acquired property or income filed by a bankrupt whose discharge has been granted subject to condi- tions shall be verified by affidavit, and the Official Receiver or trustee may require the bankrupt to attend before the court to be examined on oath with reference to the statements contained in such affidavit or as to his earnings, income, after-acquired property or dealings. Where a bankrupt neglects to file such affidavit or to attend the court for examination when required so to do, or properly to answer all such questions as the court may put or allow to be put to him, the court may, on the application of the Official Receiver or trustee, rescind the order of discharge, com- mit the bankrupt for contempt of court or make such other order as it may see fit.
99. Where, after the expiration of 2 years from the date of any order made upon a bankrupt's application for a discharge, the bankrupt applies to the court to modify the terms of the order on the ground that there is no reasonable probability of his being in a position to comply with the terms of such order, he shall give 14 days' notice of the day fixed for hearing the application to the Official Receiver and to all his creditors.
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