Law library · Sierra Leone · The Bankruptcy Act, 2009
Section 31, The Bankruptcy Act, 2009
Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone
(1) Where in the opinion of the court a debtor ought not tohave been adjudged bankrupt or where it is proved to the satisfaction
of the court that the debts of the bankrupt are paid in full, the court
may, on the application of any person interested, by order annul the
adjudication.
(2) Where an adjudication is annulled under this section,
all sale and disposition of property and payment duly made and all
acts done by the official receiver, trustee or other person acting under
their authority, or by the court, shall be valid; but the property of the
debtor who was adjudged bankrupt shall vest in such person as the
court may appoint, or in default of such appointment revert to the
debtor for all his estate or interest in the estate on such terms and
subject to such conditions, if any, as the court may order.
30 31
Effect of
order of
discharge.
Power of
court to annul
adjudication
in certain
cases.
(3) Notice of the order annulling an adjudication shall be
forthwith published in the Gazette and unless otherwise prescribed
shall be advertised in at least two daily newspapers.
(4) For the purposes of this section, any debt disputed
by a debtor shall be considered as paid in full if the debtor enters into
a bond, in such sum and with such sureties as the court approves, to
pay the amount to be recovered in any proceedings for the recovery
of or concerning the debt, with costs; and any debt due to a creditor
who cannot be found or cannot be identified shall be considered as
paid in full if paid into court.
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