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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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Statements of affairs
Submission and filing
167.
—(1)  The bankrupt shall submit to the Official Assignee or the trustee, as the case may be, 2 copies of his statement of affairs in Form 11.
(2)  The statement of affairs shall be verified by affidavit in Form 12.
(3)  The Official Assignee or the trustee shall file in court one copy of the statement of affairs.
(4)  Where a trustee has been appointed, the trustee shall serve a copy of the statement of affairs on the Official Assignee.
Extension of time to file statement of affairs, etc.
168.
—(1)  Where the bankrupt requests to be released from his duty to file a statement of affairs or for an extension of time to file the statement of affairs and his request is refused by the Official Assignee or the trustee, as the case may be, he may, within 14 days of the refusal, apply to the court for the release or extension of time.
(2)  A request for a release or an extension of time under paragraph (1) shall be made within 21 days from the date of the bankruptcy order.
(3)  Where the bankrupt’s request for a release or an extension of time under paragraph (1) has been refused by the Official Assignee or the trustee and the bankrupt applies to the court for the release or extension of time, the bankrupt shall, at least 14 days before the hearing of the application, serve on the Official Assignee or the trustee a copy of the application and of any evidence which he intends to adduce in support of it.
(4)  The bankrupt shall serve on the Official Assignee or the trustee a sealed copy of any order made by the court on the application.
(5)  On any application under this rule, the bankrupt’s costs shall be paid in any event by him and, unless the court otherwise orders, no allowance towards such costs shall be made out of the estate.