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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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Actions to follow upon making of bankruptcy order on creditor’s bankruptcy application
Settlement and contents of bankruptcy order
128.
—(1)  A bankruptcy order made on a creditor’s bankruptcy application shall be settled by the court.
(2)  The bankruptcy order shall be in Form 8 and shall —
(a)
state the date of the filing of the bankruptcy application on which the order is made;
(b)
state the date of the making of the order; and
(c)
contain a notice requiring the bankrupt immediately after the service of the order on him to attend on the Official Assignee or the trustee, as the case may be, at the time and place stated in the order.
(3)  Where the debtor is represented by a solicitor, the bankruptcy order shall be endorsed with the name, address and telephone number of the solicitor and the file reference of the solicitor’s firm.
Service of bankruptcy order
129.
—(1)  Where a bankruptcy order has been made on a creditor’s bankruptcy application, the applicant creditor shall serve not less than 2 sealed copies of the bankruptcy order on the Official Assignee.
(2)  If a trustee has been appointed, the applicant creditor shall serve not less than 2 sealed copies of the bankruptcy order on the trustee and one sealed copy on the Official Assignee.
(3)  The Official Assignee or the trustee, as the case may be, shall serve a sealed copy of the bankruptcy order on the bankrupt.
Gazetting of order
130.
—(1)  When a bankruptcy order is made, the Registrar shall cause a notification of the order to be published in the Gazette.
(2)  Where a trustee has been appointed, the notification in the Gazette shall indicate the name and address of the trustee.
Advertisement of order
131.
—(1)  Upon the making of the bankruptcy order, the Official Assignee shall cause the order to be advertised in such local newspaper as he thinks fit.
(2)  Where a trustee has been appointed, the advertisement shall indicate the name and address of the trustee.
Stay of bankruptcy order
132.
—(1)  The court may, on the application of the bankrupt or a creditor, grant a stay of the bankruptcy order.
(2)  Where an order is made under paragraph (1), the applicant shall serve a copy of it on the Official Assignee and, where a trustee has been appointed, on the trustee.
Amendment of title of proceedings
133.
—(1)  At any time after the making of a bankruptcy order, the Official Assignee or the trustee, as the case may be, may apply to the court for an order amending the title of the proceedings.
(2)  The applicant creditor shall apply to the court for an order amending the title of the proceedings at his own cost if so directed by the Official Assignee or the trustee.