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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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Examination of bankrupt and others
Examination under section 83 (1) of Act
169.  An application to the court under section 83(1) of the Act shall be in Form 20 and an order made upon such an application shall be in Form 21.
Notice to parties
170.
—(1)  On the court making an order appointing a date and time for an examination, the applicant for the order shall send a copy of the order and the summons to all parties to the proceedings at least 7 days before the date fixed for the examination.
(2)  Parties to the proceedings shall be —
(a)
the Official Assignee or the trustee, as the case may be;
(b)
the bankrupt;
(c)
the creditors of the bankrupt who have tendered their proofs; and
(d)
any other person or persons summoned under section 83 of the Act.
General proxy-holders may question bankrupt, etc.
171.  For the purposes of section 83(5) of the Act (which permits a creditor or his representative to question the bankrupt or such other person summoned by the court), the holder of a general proxy or of a power of attorney from a creditor shall be deemed to be the creditor’s representative authorised in writing.
Costs of examination
172.
—(1)  A creditor who applies for an order under section 83 of the Act shall bear the expenses of the examination unless the court orders otherwise.
(2)  In no case shall the costs and expenses of an examination fall on the Official Assignee or the trustee personally.