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Contents  

Part I PRELIMINARY

Part II COURT PROCEDURE

Court and chambers

Proceedings

Applications and practice

Affidavits

Security in court

Witnesses and depositions

Warrants, arrests and commitments

Service and execution of process

Appeals

Part III OFFICIAL ASSIGNEE

Report of Official Assignee

Part IV TRUSTEE IN BANKRUPTCY

Part V VOLUNTARY ARRANGEMENTS

Proposal for voluntary arrangement

Interim order

Preparation of nominee’s report

Action on proposal

Procedure for review of meeting’s decision

Completion of arrangement

Part VI PROCEEDINGS IN BANKRUPTCY

Statutory demand

Creditor’s bankruptcy application

Service of creditor’s bankruptcy application

Hearing of creditor’s bankruptcy application

Actions to follow upon making of bankruptcy order on creditor’s bankruptcy application

Debtor’s bankruptcy application

Actions to follow upon making of bankruptcy order on debtor’s bankruptcy application

Interim receiver

Part VII BANKRUPTCY ADMINISTRATION

Creditors’ meeting

Statements of affairs

Examination of bankrupt and others

Settlement of list of debtors to estate

Procedure for proving debts

Quantification of claim

Secured creditors

Taking accounts of property mortgaged and sale thereof

Admission and rejection of proofs

Approval of composition or scheme

Appropriation of pay, salary, pensions, etc.

Disclaimer of lease

Disputed title to property

Special manager

Security by special manager

Distribution of dividends

Part VIII ANNULMENT AND DISCHARGE

Part IX COSTS AND TAXATION

Part IXA ELECTRONIC FILING SYSTEM

Part X MISCELLANEOUS PROVISIONS

Administration of estates of deceased insolvent

Persons of unsound mind

Registers

Accounts and audit

THE SCHEDULE

Legislative History

 
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On 25/11/2017, you requested the version as published on or before 25/11/2017.
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Administration of estates of deceased insolvent
Form of application
263.  An application under section 148 of the Act shall be made by originating summons in Form 39 and shall be supported by an affidavit in Form 40.
Deposit by applicant
264.
—(1)  The applicant shall file 2 copies of the application and supporting affidavit in court, inclusive of the copy to be served on the Official Assignee, together with the deposit payable to the Official Assignee of such sums as are prescribed by the Bankruptcy (Fees) Rules (R 3).
(2)  Upon the filing of 2 copies of the application and affidavit under paragraph (1), the application and affidavit shall be deemed to have been served on the Official Assignee.
(3)  Where an application under section 148 of the Act has been filed, the Official Assignee may, from time to time, require the applicant to deposit with the Official Assignee such further sums as may be required by the Official Assignee, whether before or after the making of the administration order, to cover the fees and expenses incurred by the Official Assignee in connection with the application.
Service of application
265.  The application and affidavit shall be served —
(a)
unless the court otherwise directs, on each executor who has proved the will of the deceased debtor or, as the case may be, on each person who has taken out letters of administration of the estate of the deceased debtor; and
(b)
on such other person, if any, as the court may direct.
Proof of service and hearing of application
266.  The provisions of the Act and these Rules regarding the proof of service and the hearing of a creditor’s bankruptcy application shall apply to an application under section 148 of the Act as they apply to an ordinary creditor’s bankruptcy application.
Notification of administration order in Gazette
267.  Rule 130 shall apply, with the necessary modifications, to an administration order as it applies to a bankruptcy order.
Duties of executor, etc.
268.
—(1)  When an administration order has been made, the legal personal representative of the debtor shall immediately —
(a)
lodge with the Official Assignee an account in duplicate of his dealings with and administration of the deceased’s estate; and
(b)
furnish in duplicate a list of the creditors, a statement of the assets and liabilities and such other particulars of the affairs of the deceased as may be required by the Official Assignee.
(2)  Every account, list or statement to be made under this rule shall as far as practicable be made and verified in accordance with the practice for the time being of the High Court in suits for the administration of the estates of deceased persons.
(3)  The expense of preparing, making, verifying, and lodging any account, list or statement under this rule shall be taxed and allowed out of the estate upon production of the necessary allocatur.
Executor de son tort
269.  Where an administration order has been made and it appears to the court on the report of the Official Assignee that no legal personal representative exists, the account, list and statement referred to in rule 268 shall be made, verified and lodged by such person as, in the opinion of the court on such report, has taken upon himself the administration of, or otherwise intermeddled with, the property of the deceased or any part thereof.