Discharge
Rules of the Superior Court
Bankruptcy
XXX.
Discharge and Annulment.
161. (1) A person whose bankruptcy has been discharged by virtue of section 85(1) of the Act and who is entitled to have property returned to him in accordance with section 85(2) of the Act shall be at liberty to apply to the Court for an Order directing the Official Assignee to return the property to him.
(2) An application in pursuance of sub-rule (1) shall be grounded upon an affidavit of the bankrupt showing satisfactory evidence of the identity of the applicant. Notice of the application and a copy of such affidavit shall be served upon the Official Assignee not less than ten days prior to the hearing thereof.
(3) The Court shall, upon receipt of a report from the Official Assignee confirming that provision has been made for the payment of the expenses, fees, costs and preferential payments due in the bankruptcy, direct the return to the applicant of the property remaining after such provision.
162. Where at a sitting for distribution it shall appear to the Court that the requirements of section 85(3)(a)(i) of the Act have been fulfilled, the Court may order that the bankruptcy be discharged.
163. (1) An application by a bankrupt for an order discharging his bankruptcy on the ground set forth in section 85(3)(a)(ii) of the Act shall be grounded upon an affidavit of the bankrupt exhibiting a consent to such discharge, in the Form No. 35, from each of his creditors. Notice of the application and a copy of such affidavit shall be served upon the Official Assignee not less than ten days prior to the hearing thereof.
(2) The Court shall, upon receipt of a report from the Official Assignee confirming that provision has been made for payment of the expenses, fees, costs and preferential payments due in the bankruptcy, order that the bankruptcy be discharged.
(3) No application shall be made under this rule until the Official Assignee has ascertained the debts and liabilities of the bankrupt.
164. (1) An application by a bankrupt for an order discharging his bankruptcy in pursuance of section 85(4) of the Act shall be grounded upon an affidavit of the bankrupt setting forth the grounds upon which he claims to be entitled to a discharge. Notice of the application and a copy of such affidavit shall be served upon the Official Assignee not less than ten days prior to the hearing thereof.
(2) The Court, upon receipt of a report from the Official Assignee confirming that provision has been made for payment of the expenses, fees, costs and preferential payments due in the bankruptcy, may grant the application.
(3) Where the application is made on the ground that the bankruptcy has subsisted for twelve years,
(a) the bankrupt shall in his affidavit disclose all his after-acquired property, and
(b) the Official Assignee shall in his report confirm whether in his opinion all after-acquired property has been disclosed by the bankrupt and whether in his opinion it is reasonable and proper that the application be granted.
165. (1) An application for a certificate of discharge may be made by way of motion of course.
(2) A certificate of discharge shall be in the Form No. 48.
166. A certificate of annulment shall be in the Form No. 49.