Bankruptcy Act · 2021 Revised Edition · Part 2
Section 30A
Official textFrom Attorney General's Chambers, unchanged
The trustee may, in his discretion and subject to section 30B, issue a certificate discharging a bankrupt from bankruptcy.
The trustee shall not issue a certificate discharging a bankrupt from bankruptcy under subsection (1) unless -
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.
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 the Chief Registrar, Deputy Registrar and Assistant Registrar;
The trustee 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.
prescribed
"prescribed" means prescribed by general rules within the meaning of this Act;
Objection by creditor to discharge of bankrupt under section 30A a 30B.
Before issuing a certificate of discharge under section 30A, the trustee shall serve on each creditor who has filed a proof of debt, a notice of his intention to discharge the bankrupt, together with a statement of his reasons for wanting to do so.
A creditor who has been served with a notice under subsection
and who wishes to enter an objection to the trustee issuing a certificate discharging the bankrupt may, within 21 days from the date of the trustee's notice, furnish the trustee a statement of the grounds of his objection.
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A creditor who does not furnish to the trustee a statement of the grounds of his objection in accordance with subsection (2) is deemed to have no objection to the discharge.
A creditor who has furnished the trustee with a statement of the grounds of his objection in accordance with subsection (2) may, within 21
days of being informed by the trustee that his objection has been rejected, make an application to the Court for an order prohibiting the trustee from issuing a certificate of discharge.
Every application under subsection (4) shall be served on the trustee and on the bankrupt and the Court shall hear the trustee and the bankrupt before making an order on the application.
On an application made under subsection (4), the Court may, if it thinks it just and expedient -
dismiss the application;
make an order that the bankrupt shall not be granted a certificate of discharge by the trustee for a period not exceeding 2
years; or
make an order permitting the trustee to issue a certificate discharging the bankrupt but subject to such conditions as the Court may think fit to impose, including conditions with respect to -
any income which may be subsequently due to the bankrupt after his discharge; or
any property devolving upon the bankrupt, or acquired by him, after his discharge, as may be specified in the order.
Terms defined in s 2
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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