Bankruptcy Act · 2021 Revised Edition · Part 2
19. Public examination of debtor
Official textFrom Attorney General's Chambers, unchanged
Where the Court makes a receiving order, it shall, save as in this Act provided, hold a public sitting, on a day to be appointed by the
Court, for the examination of the debtor and the debtor shall attend thereat and shall be examined as to his conduct, dealings and property.
property
"property" includes money, goods, things in action, land and every description of property, whether real or personal and whether situate in Brunei Darussalam or elsewhere, also obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined;
a
The examination shall be held as soon as conveniently may be after the expiration of the time for the submission of the debtor's statement of affairs.
The Court may adjourn the examination.
Any creditor who has tended a proof, or his representative authorised in writing, may question the debtor concerning his affairs and the causes of his failure.
The Official Receiver shall take part in the examination of the debtor and, for the purpose thereof, if specially authorised by the Court, may employ an advocate. No advocate shall be allowed to take part in the examination on behalf of the debtor.
If a trustee is appointed before the conclusion of the examination, he may take part therein.
The Court may put such questions to the debtor as it may think expedient.
The debtor shall be examined upon oath and it shall be his duty to answer all such questions as the Court may put or allow to be put to him.
Such notes of the examination as the Court thinks proper -
shall be taken down either in shorthand or longhand and they or a transcript thereof shall be read over either to or by the debtor and signed by him; and
may thereafter, save as in this Act provided, be used in evidence against him,
•
they shall also be open to the inspection of any creditor at all reasonable times upon payment of the prescribed fee.
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Bankruptcy
When the Court is of opinion that the affairs of the debtor have been sufficiently investigated, it shall by order declare that his examination is concluded; but such order shall not be made until after the day appointed for the first meeting of creditors.
first meeting of creditors
"first meeting of creditors" means the meeting referred to in section 17(1);
Where the debtor is a mentally disordered person or suffers from any such mental or physical affliction or disability as in the opinion of the Court makes him unfit to attend his public examination or is absent from
Brunei Darussalam the Court may make an order dispensing with such examination or directing that the debtor be examined on such terms, in such manner and at such place as to the Court seems expedient.
[S 25/2011]
(1 1) The Registrar may, under the general or special directions of the Court, hold the public examination of the debtor but the examination may at any time be adjourned by him to be heard before the Court.
Registrar
"Registrar" means the Registrar of the Supreme Court and includes the Chief Registrar, Deputy Registrar and Assistant Registrar;
Compositions and schemes of arrangement
Terms defined in s 2
first meeting of creditors
Defined · s 2"first meeting of creditors" means the meeting referred to in section 17(1);
prescribed
Defined · s 2"prescribed" means prescribed by general rules within the meaning of this Act;
property
Defined · s 2"property" includes money, goods, things in action, land and every description of property, whether real or personal and whether situate in Brunei Darussalam or elsewhere, also obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of or incident to property as above defined;
Registrar
Defined · s 2"Registrar" means the Registrar of the Supreme Court and includes the Chief Registrar, Deputy Registrar and Assistant Registrar;
Part 3
Chapter
Chapter 19), unless he informs the trustee in writing to the contrary, is deemed to be his last known address for the purpose of subsection (3).
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