Section 45: Effect of order of discharge

45. Effect of order of discharge.—(1) An order of discharge shall not release the insolvent from— (a) any debt due to the l[Government] ; (b) any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party ; or (c) any debt or ability in respect of which he has obtained forbearance by any fraud to which he was a party ; or 2[(d) any liability under an order for the maintenance of a wife or child.] (2) Save as otherwise provided by sub-section (1), an order of discharge shall release the insolvent from all debts provable in insolvency. (3) An order of discharge shall be conclusive evidence of the insolvency, and of the validity of the proceedings therein. (4) An order of discharge shall not release any person who at the date of the presentation of the petition was a partner or co-trustee with the insolvent or was jointly bound or had made any joint contract with him, or any person who was surety or in the nature of a surety for him. 1Subs. by A.O., 1961, Art. 2, for “Crown” (with effect from the 23rd March, 1956). 2Subs. by the Federal Laws (Revision. and Dec1aration). Ordinance, 1981 (27 of 1981), s. 3 and Second Sch., for the original clause (d). PART III ADMINISTRATION OF PROPERTY Proof of debts

Effective date: 1909-01-01

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