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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 24/09/2017, you requested the version as published on or before 24/09/2017.
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Proceedings
Title of proceedings
6.
—(1)  Every proceeding in court under the Act shall be dated and shall be intituled in the matter of the person against whom the application is made and in the matter of the Act.
(2)  The first proceeding in every matter shall have a distinctive number assigned to it by the Registrar, and all subsequent proceedings in the same matter shall bear the same number.
Court records
7.
—(1)  All proceedings of the court shall be kept and remain of record in the court.
(2)  The Registrar may, in his discretion, maintain all the information referred to in paragraph (1) in such form, medium or mode as he thinks fit.
(3)  The Official Assignee or the trustee, as the case may be, the debtor, and any creditor who has tendered his proof or whose proof has been admitted, or any person acting on behalf of the Official Assignee or the trustee or the debtor or creditor, and, by special direction of the Judge or Registrar, any other person, may at all reasonable times inspect the record of proceedings.
Notices to be in writing
8.  All notices required to be given by the Act or these Rules shall be in writing, unless these Rules otherwise provide or the court otherwise orders.
Proof of posting of notice by Official Assignee
9.  Where, by any provision of the Act or these Rules, any notice is required to be sent by the Official Assignee, the sending of the notice may be proved by a certificate by the Official Assignee who sent it or his clerk that the notice was duly posted.
Filing, gazetting, etc.
10.
—(1)  The Registrar shall file a copy of every issue of the Gazette which contains an advertisement relating to any matter under the Act.
(2)  A copy of each local newspaper in which any advertisement relating to any matter under the Act is inserted shall be left by the person inserting the advertisement with the Registrar, who shall file the copy.
(3)  The Registrar shall file with the proceedings in any matter a memorandum referring to and giving the date of any advertisement in the Gazette and local newspaper relating to that matter.
(4)  The memorandum by the Registrar shall be prima facie evidence that the advertisement to which it refers was duly inserted in the issue of the Gazette or local newspaper mentioned in the memorandum.