125. Discharge by certificate of Official Assignee
Feedback & supportLast amended by an amending law of 1999.
The Official Assignee may, in his discretion and subject to section 126, issue a certificate discharging a bankrupt from bankruptcy.
Official Assignee
“Official Assignee” includes a Deputy Official Assignee, a Senior Assistant Official Assignee and an Assistant Official Assignee;
The Official Assignee shall not issue a certificate discharging a bankrupt from bankruptcy under subsection (1) unless —
bankrupt
“bankrupt” means —(a)the individual debtor who has been adjudged bankrupt by a bankruptcy order; or(b)where a bankruptcy order has been made against a firm, each of the partners in the firm;
a period of 3 years has lapsed since the date of commencement of the bankruptcy; and
the debts which have been proved in bankruptcy do not exceed $100,000, or such other sum as may be prescribed 2. 2 The Bankruptcy (Variation of Sum of Debts under section 125(2)(b)) Rules (R 4, 2001 Ed.) has varied the sum to $500,000 with effect from 1st May 1999.
Notice of every discharge under subsection (1) shall be given to the Registrar and be published in the Gazette and advertised in any local newspaper.
Registrar
“Registrar” means the Registrar of the Supreme Court and includes a Deputy Registrar or an Assistant Registrar of the Supreme Court;
The Official Assignee shall, upon the application of a bankrupt or his creditor or other interested person, issue to the applicant a copy of the certificate of discharge upon the payment of the prescribed fee.
creditor
“creditor”, in relation to a debtor proposing a voluntary arrangement under Part V, means a creditor to whom the debtor owes a debt provable in bankruptcy;