s 33C Automatic discharge and suspension of automatic discharge *
(1) A bankrupt shall be— (a) discharged automatically from bankruptcy on the expiration of three years from the date of the submission of the statement of affairs under subsection 16(1)— (i) if the bankrupt has paid the sum of money determined by the Director General of Insolvency, for the purposes of the administration of the bankrupt’s estate, having regard to the financial ability of the bankrupt; and (ii) if the bankrupt has complied with the requirement to render an account of moneys and property to the Director General of Insolvency under paragraph 38(1)(b); or (b) suspended from the automatic discharge on the expiration of three years from the date of the submission of the statement of affairs under subsection 16(1) for a period not exceeding two years if the bankrupt has failed to comply with his duties and obligations under the Act. (2) For the purposes of subparagraph (1)(a)(i), in determining the sum of money to be paid by the bankrupt, the Director General of Insolvency shall take into account— (a) (Deleted by Act A1695). (b) the current monthly income of the bankrupt; (c) the extent to which the current monthly income of the bankrupt’s spouse may contribute to the maintenance of the bankrupt’s family; * NOTE—Section 33C as amended by section 9 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 subject to paragraphs (a) until (d)–see section 16 of Act A1695. (d) the monthly income that the bankrupt may reasonably be expected to earn over the duration of the bankruptcy, taking into account— (i) the previous and current monthly income of the bankrupt; (ii) the educational and vocational qualifications, age and work experience of the bankrupt; (iii) the range of monthly income earned by persons who are employed in occupations, positions or roles similar to that in which the bankrupt is, or can be expected to be, employed; (iv) the effect which the bankruptcy may have on the bankrupt’s earning capacity or other income; (v) the prevailing economic conditions; and (vi) the period of time during which the bankrupt is likely to be capable of earning a meaningful income; (e) the reasonable expenses for the maintenance of the bankrupt and the bankrupt’s family; (f) the property of the bankrupt under paragraph 48(1)(b) which may be realized during the period of three years; and (g) the debt provable in bankruptcy. (2A) For the purposes of subsection (2) and the administration of the bankrupt’s estate, the Director General of Insolvency may request the bankrupt to provide such further information as may be determined by the Director General of Insolvency including information in respect of the income, expected income and properties of the bankrupt. (3) For the purposes of an automatic discharge under paragraph (1)(a), the Director General of Insolvency shall serve a notice of automatic discharge on each creditor who has filed a proof of debts not less than six months before the expiration of the period referred to in paragraph (1)(a), but such notice shall not be served earlier than a year before the expiration of such period. (4) A creditor who wishes to object to the automatic discharge under paragraph (1)(a) shall, within twenty-one days from the date the notice in subsection (3) is served on him, make an application as prescribed to the court for an order to suspend the automatic discharge under paragraph (1)(a), but no objection shall be made except on the following grounds: (a) that the bankrupt has committed any offence under this Act or under section 421, 422, 423 or 424 of the Penal Code; (b) that the automatic discharge under paragraph (1)(a) would prejudice the administration of the bankrupt’s estate; or (c) that the bankrupt has failed to co-operate in the administration of estate. (5) A creditor who fails to file an application in accordance with subsection (4) is deemed to have no objection to the discharge. (6) A notice of application under subsection (4) shall be served on the Director General of Insolvency and the bankrupt at least fourteen days before the date of hearing of the application and the court shall hear the Director General of Insolvency and the bankrupt before making an order on the application. (7) Upon an application made under subsection (4), the court may, if it thinks just and expedient— (a) dismiss the application and approve the discharge under this section; or (b) suspend the discharge under this section for a period of two years. (8) Where the court makes an order under paragraph (7)(b), the bankrupt shall— (a) continue to fulfil his duties and obligations under this Act during that period; and (b) be discharged automatically at the end of the two years’ period. (8A) For the purposes of suspension of an automatic discharge under paragraph (1)(b), the Director General of Insolvency shall serve a notice of the suspension of the automatic discharge on the bankrupt and on each creditor who has filed a proof of debts not less than six months before the expiration of the period referred to in paragraph (1)(b), but such notice shall not be served earlier than a year before the expiration of such period. (8B) The suspension of the automatic discharge shall be effective on the date stated in the notice under subsection (8A). (8C) Where the Director General of Insolvency suspends the automatic discharge under paragraph (1)(b), the bankrupt shall— (a) continue to fulfil his duties and obligations under this Act during that period; and (b) be discharged automatically at the end of the period of suspension. (9) The Director General of Insolvency shall, upon the application of any interested person and payment of the prescribed fee, issue a certificate of automatic discharge to the applicant— (a) upon the making of an order under paragraph (7)(a); (b) where there is no objection under subsection (4), on the expiration of the period referred to in paragraph (1)(a); or (c) on the expiration of the period referred to in paragraph (8C)(b).