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Amendment of section 85A of Act of 1988
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11. Section 85A (inserted by section 157 of the Act of 2012) of the Act of 1988 is amended by the substitution of the following subsection for subsection (4):
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“(4) Where the Court is satisfied that the bankrupt has—
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(a) failed to co-operate with the Official Assignee in the realisation of the assets of the bankrupt, or
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(b) hidden from or failed to disclose to the Official Assignee income or assets which could be realised for the benefit of the creditors of the bankrupt,
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the Court may, where it considers just to do so, order that, in place of the discharge provided for in section 85, the bankruptcy shall stand discharged on such later date—
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(i) being not later than the 8th anniversary of the date of the making of the adjudication order, as the Court considers just, or
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(ii) being not later than the 15th anniversary of the date of the making of the adjudication order, which the Court considers just in view of the seriousness of the failure to co-operate referred to in paragraph (a) or the extent to which income or assets referred to in paragraph (b) were hidden or not disclosed, or both, as the case may be.”.
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