Section 29, The Bankruptcy Act, 2009

(1) A bankrupt may, at any time after being adjudgedbankrupt, apply to the court for an order of discharge, and the court shall appoint a day for hearing the application, but the application shall not be heard until any public examination of the bankrupt is concluded. (2) When the bankrupt does not of his own accord, within such time as the court may think reasonable, apply for his discharge, the court, may, of its own motion or on the application of the official receiver or the trustee or any creditor who has proved, make an order calling upon the bankrupt to come up for his discharge on a day to be fixed by the court, and on due service of the order, if the bankrupt does not appear on the day fixed thereby, the court may make such order as it thinks fit, subject to this section, and the debtor shall, in addition to any other punishment to which he may be subject, be guilty of contempt of court and may be punished accordingly. (3) The application shall, except when the court in accordance with rules made under this Act otherwise directs, be heard in open court. (4) On the hearing of the application, or on the day on which the bankrupt has been ordered to come up for his discharge or any subsequent day, the court shall take into consideration a report of the official receiver as to the bankrupt’s conduct and affairs (including a report as to the bankrupt’s conduct during the proceedings under his bankruptcy) and may either grant or refuse an absolute order of discharge, or suspend the operation of the order for a specified time, or grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt or with respect to his acquired (5) Where the bankrupt has committed any offence in relation to his bankruptcy under this Act, or where in any case any of the facts in subsection (7) are proved, the court shall– (a) refuse the discharge; (b) suspend the discharge for a period of not less than two years; (c) suspend the discharge until a dividend of not less than fifty per cent has been paid to the creditors; (d) require the bankrupt as a condition of his discharge to consent to judgement being entered against him by the official receiver or trustee for any balance or part of any balance of the debts provable under the bankruptcy which is not satisfied at the day of the discharge, such balance or part of any balance of the debts to be paid out of the future earnings or after acquired property of the bankrupt in such manner and subject to such conditions as the court may direct; but execution shall not be issued on the judgment without leave of the court, which leave may be given on proof that the bankrupt has since his discharge acquired property or income available towards payment of his debts. 26 27 Discharge of (6) Where at any time after the expiration of two years from the date of any order made under this section, the bankrupt satisfies the court that there is no reasonable probability of his being in a position to comply with the terms of the order, the court may modify the terms of the order, or of any substituted order, in the manner and upon the conditions as it may think fit. (7) The facts referred to in subsection (5) are- (a) that the bankrupt’s assets are not of a value equal to fifty per cent of his unsecured liabilities, unless he satisfies the court that the fact that the assets are not of a value of fifty per cent of his unsecured liabilities has arisen from circumstances for which he cannot justly be held responsible; (b) that the bankrupt has omitted to keep such books of account as are usual and proper in the business carried on by him and has not sufficiently disclosed his business transactions and financial position within the three years immediately preceding bankruptcy; (c) that the bankrupt has continued to trade after knowing himself to be insolvent; (d) that the bankrupt has contracted any debt provable in the bankruptcy without having at the time of contracting it any reasonable or provable ground of expectation (proof of which shall lie on him) of being able to pay; (e) that the bankrupt has failed to account satisfactorily for any loss of assets or for any deficiency of assets to meet his liabilities; (f) that the bankrupt has brought on, or contributed to, his bankruptcy by rash and hazardous speculations, or by unjustifiable extravagance in living, or by gambling, or culpable neglect of his business affairs; (g) that the bankrupt has put any of his creditors to unnecessary expense by a frivolous or vexatious defence to any action properly brought against him; (h) that the bankrupt has brought on or contributed to his bankruptcy by incurring unjustifiable expense by bringing a frivolous or vexatious action; (i) that the bankrupt has, within three months preceding the date of the receiving order, when unable to pay his debts as they become due, given an undue preference to any of his (j) that the bankrupt has, within three months preceding the date of the receiving order incurred liabilities with a view to making his assets equal to fifty per cent of his unsecured liabilities; (k) that the bankrupt has on any previous occasion, whether in Sierra Leone or elsewhere, been adjudged bankrupt or made a composition or arrangement with his (l) that the bankrupt has been guilty of any fraud or fraudulent breach of trust. 28 29 (7) For the purpose of this section, a bankrupt’s assets shall be deemed of a value equal to fifty per cent of his unsecured liabilities when the court is satisfied that the property of the bankrupt has realised or is likely to realise, or with due care might have realised, an amount of not less than fifty per cent of his unsecured liabilities, and a report by the official receiver or the trustee shall be prima facie evidence of the amount of such liabilities. (8) For the purposes of this section, the report of the official receiver shall be prima facie evidence of the statements contained in it. (9) Notice of the appointment by the court of the day for hearing the application for discharge shall be published as the court may direct, or as may be prescribed and shall be sent fourteen days at least before the day so appointed, to each creditor who has proved; and the court may hear the official receiver, the trustee or any creditor and at the hearing the court may put such questions to the debtor and receive such evidence as it may think fit. (10) The powers of suspending and of attaching conditions to a bankrupt’s discharge may be exercised concurrently. (11) A discharged bankrupt shall, notwithstanding his discharge give such assistance as the trustee may require in the realisation and distribution of such of his property as is vested in the trustee, and if he fails to do so he shall be guilty of a contempt of court; and the court may also, if it thinks fit, revoke his discharge, but it shall not prejudice the validity of any sale, disposition or payment duly made or thing duly done subsequent to the discharge but before its revocation.