Law library · Sierra Leone · The Bankruptcy Act, 2009
Section 18, The Bankruptcy Act, 2009
Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone
(1) Where the court makes a receiving order, it may, unlessotherwise provided in this Act, hold a public sitting, on a day
appointed by the court, for the examination of the debtor; and the
debtor shall attend the sitting and shall be examined as to his conduct,
dealings and property.
(2) The examination shall be held as soon as possible
after the expiration of the time for the submission of the debtor’s
statement of affairs.
(3) The court may adjourn the examination from time to
time.
(4) Any creditor who has tendered proof, or his
representative authorised in writing, may question the debtor
concerning his affairs and the cause of his failure.
(5) The official receiver shall take part in the examination
of the debtor and a legal practitioner shall be allowed to take part in
the examination of a debtor or appear on his behalf at the examination.
(6) If a trustee is appointed before the conclusion of the
examination he may take part in it.
(7) The court may put such questions to the debtor as it
may think expedient.
(8) The debtor shall be examined on oath and he shall
answer all such questions as the court may put or allow to be put to
him.
(9) The testimony of a debtor is not admissible as
evidence in criminal proceedings against him except on a charge of
perjury in relation to that testimony
(10) Such notes of the examination as the court thinks
proper shall be taken down either in shorthand or longhand and they
or the transcript shall be read over either to or by, the debtor and
signed by him and may after that, unless otherwise provided in this
Act, be used in evidence against him; the notes shall also be open to
the inspection of any creditor at all reasonable times upon payment
of the prescribed fee.
(11) Where the court is of the 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.
Composition and schemes of arrangement
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