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Section 319 of Insolvency Act CAP 53: Power of Official Receiver to make application for annulment of bankruptcy order where debtor is an undischarged bankrupt

    

(1) In addition to making the arrangements under section 316(3), the Official Receiver may, if the debtor is an undischarged bankrupt, make an application to the Court to make an order under subsection (3).
(2) Such an application may not be made—
(a) while an application for an order under section 311(7) is pending;
(b) during the period within which a voluntary arrangement can be challenged by an application made under section 314;
(c) while an application made under that section is pending; or
(d) while an appeal in respect of an order made under that section is pending; or (e) during the period within which such an appeal may be made.
(3) On considering an application made under subsection (1), the Court shall annul the bankruptcy order in respect of the debtor unless it is of the opinion that there are compelling reasons not to do so.
(4) The Court may give such directions about the conduct of the bankruptcy and the administration of the bankrupt's estate as it considers will facilitate the implementation of the voluntary arrangement.

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