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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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Report of Official Assignee
Evidence on application by Official Assignee
47.
—(1)  Where, for the purposes of an application to the court by the Official Assignee —
(a)
for directions;
(b)
for leave to disclaim a lease;
(c)
for an extension of time to apply for leave to disclaim a lease; or
(d)
to commit a bankrupt,
evidence has to be given by the Official Assignee in support of the application.
(2)  The evidence may, instead of being given by affidavit, be given by the Official Assignee’s report to the court, which shall be prima facie evidence of the matters contained therein.
Official Assignee’s reports to be prima facie evidence
48.  Where application is made to the court —
(a)
to approve a composition or scheme;
(b)
to annul a bankruptcy order;
(c)
for the discharge of a bankrupt under section 124 of the Act;
(d)
to grant the bankrupt leave to act as director or take part in the management of a company under section 148 of the Companies Act (Cap. 50);
(e)
to appoint a representative of a bankrupt who is of unsound mind; or
(f)
to prohibit the Official Assignee from issuing a certificate to discharge a bankrupt under section 125 of the Act,
any report filed in respect of the application by the Official Assignee shall be prima facie evidence of the matters contained therein.
Application for directions
49.  The Official Assignee may apply to the court for directions in any case of doubt or difficulty, or on any matter not provided for by the Act or these Rules.
No expenses to be incurred where no available assets
50.  Where a bankrupt has no available assets, the Official Assignee shall not be required to incur any expense in relation to the estate unless the Minister otherwise directs.
Trading account of bankrupt
51.  The bankrupt shall, on the request of the Official Assignee, furnish the Official Assignee with the bankrupt’s trading and profit and loss accounts and a cash and goods account for such period not exceeding 2 years immediately preceding the date of the bankruptcy order as the Official Assignee shall direct, except that the court may order the accounts to be furnished for a longer period.
Liability for costs, expenses and damages
52.  Subject to rule 245(3), in every case in which proceedings are taken against the Official Assignee in respect of anything done or any default made by him when acting or in the bona fide and reasonable belief that he is acting in pursuance of the Act or in execution of the powers given to him by the Act, the costs, damages and expenses which the Official Assignee may have to pay or to which he may be put under such proceedings shall, unless the court orders that the Official Assignee should be personally liable for them, be paid out of the estate of the debtor.