Section 359 of Insolvency Act CAP 53: Discharge of debtor's participation in no-asset procedure
(1) A debtor who is participating in the no-asset procedure is automatically discharged from that procedure at the end of twelve months after the date when the debtor was admitted to it.
(2) Subsection (1) does not apply if the Official Receiver—
(a) is satisfied that the twelve-month period should be extended for the purpose of properly considering whether the debtor's participation in the no-asset procedure should be terminated; and
(b) sends a written deferral notice to the debtor's last known address before the end of that period.
(3) The Official Receiver shall specify in the deferral notice an alternative date for automatic discharge, which may be not later than thirty-five days after the end of the twelve-month period.
(4) A deferral notice has effect whether or not the debtor receives it.
(5) As soon as practicable after sending a deferral notice to a debtor, the Official Receiver shall send a copy of the notice to each creditor of the debtor known to the Official Receiver.
(6) The debtor is automatically discharged from the no-asset procedure on the date specified in the deferral notice.
(7) The Official Receiver may revoke a deferral notice in the same way in which it was sent, in which case, the debtor is automatically discharged from the no-asset procedure—
(a) if the notice is revoked on or before the end of the twelve-month period specified in subsection (1), at the end of that period; or
(b) if it is revoked after the end of that period, on the date of revocation.
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- Section 360 - Effect of discharge of debtor's participation in no-asset procedure
(1) On discharge under section 359—
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- Section 366 - Notice of application by creditor or beneficiary
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- Section 372 - Trustee may make allowance to surviving spouse
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- Section 373 - Application of Division 3
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- Section 374 - Trustee's functions and powers in respect of insolvent deceased's estate
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- Section 375 - Distribution of insolvent deceased's estate
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- Section 376 - How any surplus is to be paid
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(b) the costs of the...
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In this Part—
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(b) for the purposes of all proceedings for determining, and all...
- Section 384 - The circumstances in which a company is unable to pay its debts
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(2) This section applies if a company is in...
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(2) Despite section 385(2)(a), a...
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(2) A person who, at the time when the application...
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- Section 390 - Death of contributories not to affect their liability
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(2) A person is, in respect of the company's debts and liabilities...
- Section 393 - Circumstances in which company may be liquidated voluntarily
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- Section 394 - Notice of resolution to liquidate
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(b) once in at least...
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(1) The directors of the company shall—
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(b) lay that statement before the creditors'...
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