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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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Accounts and audit
Advances to Official Assignee
275.
—(1)  The Accountant-General may, on the application of the Official Assignee, make to him advances out of the Bankruptcy Estates Account to meet current expenses.
(2)  The Official Assignee shall pay all moneys advanced to him under this rule to an account at some bank approved by the Minister.
(3)  The account shall be kept in the name of the Official Assignee and entitled the “General Purposes Account” from which the Official Assignee shall make all payments necessary to be made on account of the various estates under his control, debiting each estate with the amount paid on its account.
Expenses of sale
276.  When property forming part of a bankrupt’s estate is sold by the Official Assignee or the trustee, as the case may be, through an auctioneer or other agent, the gross proceeds of the sale shall be paid over by the auctioneer or agent, and the charges and expenses connected with the sale shall afterwards be paid to the auctioneer or agent on production of the necessary allocatur.
Disposal of bankrupt’s books and papers
277.  The court may, on the application of the Official Assignee or the trustee, as the case may be, direct that the bankrupt’s books of account and other documents given up by him be destroyed or otherwise dealt with in such manner as the court thinks fit.
Non-compliance with Rules
278.  Non-compliance with any of these Rules or with any rule of practice shall not render any proceeding void unless the court so directs, but such proceeding may be set aside wholly or in part, amended or otherwise dealt with in such manner and upon such terms as the court thinks fit.