ADVOKS GLOBAL · KENYA
Insolvency Act
273. When Official Receiver may annul bankruptcy order
Edition: 2022-12-31 · In force
273. When Official Receiver may annul bankruptcy order
(1)The Official Receiver may annul a bankruptcy order on any of the grounds specified in subsection (2), but only if the order was made on a debtor's application.(2)The grounds for annulment by the Official Receiver are as follows—(a)that the Official Receiver considers that the bankrupt should not have been adjudged bankrupt;(b)that the Official Receiver is satisfied that the bankrupt's debts have been fully paid or satisfied and that the bankruptcy trustee's fees and costs incurred in the bankruptcy have been paid;(c)that the Official Receiver considers that the liability of the bankrupt to pay the bankrupt's debts should be revived because there has been a substantial change in the bankrupt's financial circumstances since the bankruptcy commenced;(d)that the Court has approved a deed of composition under Division 24 of Part III or a voluntary arrangement under Division 1 of Part IV.(3)The Official Receiver may annul the bankruptcy order on the application of any person interested or on the Official Receiver's own initiative.(4)The annulment of bankruptcy order under subsection (3) takes effect—(a)in the case of an application on the ground specified in subsection (2)(a), from the time when the order was originally made; and(b)in the case of an application on one of the grounds specified in subsection (2)(b) to (d), from the time of the Official Receiver's order of annulment.