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Report No. 26

Chapter VI


37. Discharge.-(1) An insolvent may, at any time after the order of adjudication and shall, within the period specified by the court, apply to the court for an order of discharge, and the court shall fix a day, notice whereof shall be given in such manner as may be prescribed, for hearing such application; but save where the public examination of the insolvent has been dispensed with under the provisions of this Act, the application shall not be heard until after such examination has been concluded.

[Section 41(1), P.A.][Cf. sections 38(1) and 40, P,T.A.]

(2) The court, after considering the objections of any creditor and the report of the Official Assignee as to the conduct and affairs of the insolvent, may-

(a) subject to the provisions of section 38, grant or refuse an absolute order of discharge; or

(b) suspend the operation of the order for a specified time; or

(c) grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the insolvent, or with respect to his after-acquired property.

[Section 41(2), P.A.] [Cf. section 38(2), P.T.A.]

(3) The powers of suspending, and of attaching conditions to, an insolvent's discharge may be exercised concurrently.

[Section 42(3), PA.], [Cf. section 39(3), P.T.A.]

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