Revised Laws of Saint Lucia (2021)

CHAPTER 4
PUBLIC EXAMINATION OF DEBTOR

554.   Public examination of debtor

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    (1)   Where the Court makes a receiving order, it shall hold a public sitting on a day to be appointed by the Court for the examination of the debtor, and the debtor shall attend, and shall be examined as to his or her conduct, dealings and property.

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    (2)   The examination shall be held as soon as conveniently may be after the expiration of the time for the submission of the debtor's statement of affairs.

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    (3)   The Court may adjourn the examination from time to time.

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    (4)   Any creditor who has tendered a proof, or his or her representative authorised in writing, may question the debtor concerning his or her affairs and the causes of his or her failure.

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    (5)   The receiver shall take part in the examination of the debtor, and for the purpose, if authorised by the Court, may employ counsel.

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    (6)   If a trustee is appointed before the conclusion of the examination he or she may take part therein.

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    (7)   The Court may put such questions to the debtor as it may think expedient.

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    (8)   The debtor shall be examined upon oath, and it shall be his or her duty to answer all such questions as the Court may put or allow to be put to him or her. Such notes of the examination as the Court thinks proper shall be taken down in writing, and shall be read over either to or by the debtor and signed by him or her. They shall also be open to the inspection of any creditor at all reasonable times.

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    (9)   When the Court is of opinion that the affairs of the debtor have been sufficiently investigated, it shall by order declare that his or her examination is concluded, but such order shall not be made until after the day appointed for the first meeting of the creditors: Provided that the Court may, if it think fit, direct a further examination of the debtor.

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    (10)   Where the debtor is a person of unsound mind or suffers from any such mental or physical affliction or disability as in the opinion of the Court makes him or her unfit to attend his or her public examination, the Court may make an order dispensing with such examination, or directing that the debtor be examined on such terms, in such manner, and at such place as to the Court seems expedient.