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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 24/09/2017, you requested the version as published on or before 24/09/2017.
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Admission and rejection of proofs
Adjudication and notice to creditor
197.
—(1)  The Official Assignee or the trustee, as the case may be, shall examine every proof and the grounds of the debt, and in writing admit or reject it in whole or in part or require further evidence in support of it.
(2)  Where a creditor’s proof has been admitted, the notice of dividend shall be sufficient notification to the creditor of the admission.
(3)  Where a creditor’s proof has been rejected wholly or in part, notice of the decision shall be sent to the creditor stating the grounds of the rejection.
(4)  The notice of rejection of a proof of debt shall be in Form 25.
Appeal against decision on proof
198.
—(1)  If a creditor is dissatisfied with the decision of the Official Assignee or the trustee, as the case may be, in rejecting his proof, the court may, on the application of the creditor, reverse or vary the decision of the Official Assignee or the trustee.
(2)  The application must be made within 21 days from the day of the rejection of the proof under rule 197.
(3)  A copy of the application shall be served personally on the Official Assignee or the trustee, as the case may be.
(4)  The Official Assignee or the trustee shall, within 7 days after receipt of a copy of the application, file the proof with the Registrar, together with a memorandum stating the reasons for his decision.
(5)  After the application has been heard by the court, the proof, unless wholly disallowed, shall be returned to the Official Assignee or the trustee.
(6)  The Official Assignee or the trustee shall not be personally liable for any costs incurred in relation to an application against his decision rejecting a proof wholly or in part under this rule.
Withdrawal or variation of proof
199.  A creditor’s proof may at any time, by agreement between himself and the Official Assignee or the trustee, as the case may be, be withdrawn or varied as to the amount claimed.
Expunging of proof by Official Assignee or trustee
200.
—(1)  If it appears to the Official Assignee or the trustee, as the case may be, that a proof has been wrongly admitted, he may, by notice to the creditor who filed the proof, expunge the proof or vary its amount.
(2)  If the creditor is dissatisfied with the decision of the Official Assignee or the trustee under paragraph (1), he may, within 21 days from the date of the notice, apply to the court to reverse or vary the decision of the Official Assignee or the trustee.
(3)  A copy of the application shall be served personally on the Official Assignee or the trustee, as the case may be.
(4)  The Official Assignee or the trustee shall not be personally liable for any costs incurred under this rule.
Expunging of proof by court
201.
—(1)  The court may expunge a proof or reduce the amount claimed —
(a)
on the application of a creditor, if the Official Assignee or the trustee, as the case may be, declines to interfere in the matter; or
(b)
on the application of the bankrupt, in the case of a composition or scheme.
(2)  Notice of the application shall be sent by the applicant to the Official Assignee or the trustee, as the case may be, and to the creditor who lodged the proof, if such creditor is not the applicant.
(3)  Subject to paragraph (4), the costs of the application shall be borne by the applicant unless the court otherwise orders.
(4)  The Official Assignee or the trustee shall not be personally liable for any costs incurred under this rule.
Official Assignee may administer oaths
202.  For the purpose of any of his duties in relation to proofs, the Official Assignee may administer oaths and take affidavits.