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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 27/09/2017, you requested the version as published on or before 27/09/2017.
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Appropriation of pay, salary, pensions, etc.
Application for appropriation order
219.
—(1)  When the Official Assignee or the trustee, as the case may be, intends to apply to the court for an appropriation order under section 109 of the Act, he shall give to the bankrupt notice of his intention to do so in Form 32.
(2)  The notice shall specify the date and time fixed for the hearing of the application and shall state that the bankrupt is at liberty to show cause against the order being made.
Notice of order made under section 109 of Act
220.
—(1)  Subject to the direction of the court, an order under section 109(1) of the Act shall be in Form 33 and an order under section 109 (2) shall be in Form 34.
(2)  Where an order is made under section 109(2) of the Act, the Registrar shall give a sealed copy of the order to the Official Assignee or the trustee, as the case may be, who shall communicate the order to the employer or other person under whom the salary, income, half-pay, pension or compensation is enjoyed.
Review of order
221.  Where an order has been made for payment to the Official Assignee or the trustee by a bankrupt or his employer of a portion of the bankrupt’s pay, salary or other income, the bankrupt may, upon any diminution in the amount of that income, apply to the court to rescind or vary the order.