Bankruptcy Act · 1985 Revised Edition · Part I · Proceedings from Act of Bankruptcy to Discharge
35. Effect of order of discharge
Feedback & supportAn order of discharge shall not release the bankrupt from any debt due to the Government, or from any debt with which the bankrupt may be chargeable at the suit of the Government, or of any person for any offence against an Act relating to any branch of the public revenue, or at the suit of the Sheriff or other public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence.
Sheriff
“Sheriff” includes any officer charged with the execution of a writ or other process of the High Court;
A bankrupt may be discharged from such excepted debts by a certificate in writing of the Minister.
An order of discharge shall not release the bankrupt from any debt or liability incurred by means of 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.
liability
“liability” includes any compensation for work or labour done, any obligation or possibility of an obligation to pay money or money’s worth on the breach of any express or implied covenant, contract, agreement or undertaking, whether the breach does or does not occur or is or is not likely to occur or capable of occurring before the discharge of the debtor, and generally it includes any express or implied engagement, agreement or undertaking to pay, or capable of resulting in the payment of money or money’s worth, whether the payment is as respects amount fixed or unliquidated or as respects time, present or future, certain or dependent on any one contingency or on two or more contingencies, or as to mode of valuation capable of being ascertained by fixed rules or as matter of opinion;
An order of discharge shall not release any person who at the date of the receiving order was a partner or co-trustee with the bankrupt, or was jointly bound, or had made any joint contract with him or any person who was surety or in the nature of a surety for him.
An order of discharge shall release the bankrupt from all other debts provable in bankruptcy.
An order of discharge shall be conclusive evidence of the bankruptcy and of the validity of the proceedings therein, and in any proceedings that are instituted against a bankrupt who has obtained an order of discharge in respect of any debt from which he is released by the order the bankrupt may plead that the cause of action occurred before his discharge.