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Insolvency Act, 1936 (Act No. 24 of 1936)

127. Opposition to or refusal by court of rehabilitation

 

(1) Upon the day fixed for the hearing of an application for rehabilitation the Master shall report thereon to the court, and the Master, the trustee or any creditor or other person interested in the estate of the applicant may appear in person or by counsel to oppose the grant of the application.

 

(2) Whether the application be opposed or not, the court may refuse an application for rehabilitation or may postpone the hearing of the application or may rehabilitate the insolvent upon such conditions as it may think fit to impose and may order the applicant to pay the costs of any opposition to the application if it is satisfied that the opposition was not vexatious.

 

(3) Among the conditions referred to in subsection (2), the court may require the insolvent to consent to judgment being entered against him for the payment of any unsatisfied balance of any debt which was or could have been proved against his estate, or of such lesser sum as the court may determine, but in such case execution shall not be issued on the judgment except with leave of the court and on proof that the insolvent has since the date of sequestration of his estate acquired property or income available for the payment of his debts; or apart from any such judgment the court may impose any other condition with respect to any property, or income which may accrue to the insolvent in the future.

 

(4) In granting an application for rehabilitation made under subsection (1) of section one hundred and twenty-four the court may order that any obligation incurred by the applicant before the sequestration of his estate which, but for that order, would be discharged as a result of the applicant's rehabilitation, shall remain of full force and effect, notwithstanding the rehabilitation.

 

(5) The registrar of the court shall forthwith give notice to the Master of every rehabilitation of an insolvent granted by the court.