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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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Interim receiver
Appointment of interim receiver
147.
—(1)  After the filing of a bankruptcy application (whether a creditor’s or debtor’s application), the debtor or any of his creditors may apply for the appointment of the Official Assignee as interim receiver of the debtor’s property or any part thereof.
(2)  An application under this rule shall be in Form 14 and the order appointing the Official Assignee to be interim receiver of the debtor’s property shall be in Form 15.
Deposit
148.
—(1)  Before an order under rule 147 is made, the applicant shall deposit with the Official Assignee the sum prescribed in the Bankruptcy (Fees) Rules (R 3) and such further sum as the Official Assignee requires for the fees and expenses which may be incurred by him.
(2)  If the deposit for the expenses which may be incurred by the Official Assignee is insufficient, the person on whose application the order has been made shall, from time to time, deposit with the Official Assignee such additional sum as the Official Assignee may require and, if such sum required is not deposited within 24 hours after the making of the request or within such other period as the Official Assignee may allow, the order appointing the interim receiver may be discharged by the court on the application of the Official Assignee.
Repayment of deposit
149.  Where the Official Assignee has been appointed as an interim receiver of a debtor’s property under section 73 of the Act and the debtor is subsequently adjudged bankrupt —
(a)
the costs and expenses incurred by the Official Assignee as such interim receiver shall be deemed to be part of the costs and expenses incurred by the Official Assignee within the meaning of section 90(1)(a) of the Act and shall be paid according to the priority specified in respect thereof by the Act; and
(b)
the Official Assignee may, out of such moneys received by him, repay to the person who applied for the appointment of the interim receiver any deposit paid by such person under rule 148.
Damages on dismissal of bankruptcy application
150.  Where a bankruptcy application is dismissed after an order has been made appointing an interim receiver, application may be made to the court within 21 days from the date of the dismissal for an adjudication upon any claim for damages resulting from the appointment of the receiver, and thereupon the court shall make such order as it thinks fit.