

On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/07/2010.

174.
—(1) Every creditor must prove his debt within 3 months after the making of a bankruptcy order by lodging with the Official Assignee or the trustee, as the case may be, a proof of debt.
(2) A proof of debt required to be lodged with the Official Assignee under paragraph (1) may be filed electronically.
(3) Every proof of debt —
(a)
shall be in Form 23 or where it is filed electronically, in such electronic form as may be required by the Official Assignee; and
(b)
shall state the following matters:
(i)
the creditor’s name and address;
(ii)
the total amount of his claim as at the date of the bankruptcy order;
(iii)
whether the amount claimed includes interest as defined under section 94(3) of the Act and if so, a separate identification of the actual amount that has accrued as at the date of the bankruptcy order and the rate at which and the period for which it was calculated;
(iv)
whether or not the claim includes goods and services tax and, if so, the amount of such tax;
(v)
particulars of how and when the debt was incurred by the bankrupt;
(vi)
particulars of any security held, the date when it was given and the value which the creditor puts upon it; and
(vii)
the name, address and authority of the person submitting the proof (if such person is not the creditor himself).
(4) The documents substantiating the claim specified in the proof of debt shall accompany the proof of debt.
(5) If the proof of debt is filed electronically, the documents substantiating the claim specified in the proof of debt must be sent to the Official Assignee within 14 days from the date of submission of the proof of debt.
(6) Unless the Official Assignee or the trustee, as the case may be, allows otherwise or the court otherwise orders, a bill of exchange, promissory note, or other negotiable instrument or security or a copy thereof (certified by the creditor or his authorised representative to be a true copy) in respect of which a creditor seeks to prove shall be produced to the Official Assignee or the trustee before the proof is admitted, either for voting or for dividend.
(7) The Official Assignee or the trustee may at any time call for further evidence of the claim to be furnished.







