s 33B Objection by creditor to discharge of bankrupt under section 33A
(1) Before issuing a certificate of discharge under section 33A, the Director General of Insolvency shall serve on each creditor who has filed a proof of debt a notice of his intention to issue the certificate. (2) A creditor who has been served with a notice under subsection (1) and who wishes to object to the issuance of a certificate discharging the bankrupt shall, within twenty-one days from the date of service of the notice, furnish a notice of the objection stating the grounds of his objection. (2A) Notwithstanding subsection (2), no objection shall be made against— (a) a bankrupt who was adjudged bankrupt by reason of him being a social guarantor; (b) a bankrupt who is registered as a person with disability under the Persons with Disabilities Act 2008 [Act 685]; (c) a deceased bankrupt; (d) a bankrupt suffering from a serious illness certified by a Government Medical Officer; *(e) a bankrupt who is incapable of managing himself and his affairs due to any mental disorder, as certified by a psychiatrist from any government hospital; and *(f) a bankrupt aged seventy years and above and in the opinion of the Director General of Insolvency, is incapable of contributing to the administration of his estate. (3) A creditor who does not furnish a notice of his objection and the grounds of his objection in accordance with subsection (2) shall be deemed to have no objection to the discharge. (4) A creditor who has furnished a notice of his objection and the grounds of his objection in accordance with subsection (2) may, within twenty-one days of being informed by the Director General of Insolvency that his objection has been rejected, make an application to the court for an order prohibiting the Director General of Insolvency from issuing a certificate of discharge. (5) Every application under subsection (4) shall be served on the Director General of Insolvency and on the bankrupt and the court shall hear the Director General of Insolvency and the bankrupt before making an order on the application. (6) On an application made under subsection (4), the court may, if it thinks it just and expedient— (a) dismiss the application; (b) make an order that for a period not exceeding two years a certificate of discharge shall not be issued by the Director General of Insolvency. * NOTE—The new paragraphs 33 B(2A)(e) and (f) as inserted by section 8 of Insolvency (Amendment) Act 2023 [Act A1695] shall also apply to a person who has been adjudged bankrupt before the coming into operation of this Act A1695–see section 15 of Act A1695. (7) For the purposes of paragraph (2A)(e), “mental disorder” and “psychiatrist” have the meaning assigned to them in the Mental Health Act 2001 [Act 615].