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Enacting Formula

 
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On 27/09/2017, you requested the version as published on or before 04/07/2014.
No. S 461
Bankruptcy Act
(CHAPTER 20)
Bankruptcy
(Amendment No. 2)
Rules 2014
In exercise of the powers conferred by section 166 of the Bankruptcy Act, the Minister for Law hereby makes the following Rules:
Citation and commencement
1.  These Rules may be cited as the Bankruptcy (Amendment No. 2) Rules 2014 and shall come into operation on 1st August 2014.
Amendment of rule 174
2.  Rule 174 of the Bankruptcy Rules (R 1) is amended by deleting paragraphs (2) to (5) and substituting the following paragraphs:
(2)  A proof of debt required to be lodged with the Official Assignee under paragraph (1) shall state the following matters:
(a)
the creditor’s name and address;
(b)
the total amount of his claim as at the date of the bankruptcy order;
(c)
whether the amount claimed includes interest as defined under section 94(3) of the Act and, if so, the actual amount of interest that has accrued as at the date of the bankruptcy order and the rate at which and the period for which the interest was calculated;
(d)
whether or not the claim includes goods and services tax and, if so, the amount of such tax;
(e)
particulars of how and when the debt was incurred by the bankrupt;
(f)
particulars of any security held by the creditor, the date when the security was given and the value which the creditor puts upon the security;
(g)
the name, address and authority of the person submitting the proof (if that person is not the creditor himself).
(3)  A proof of debt required to be lodged with the Official Assignee under paragraph (1) shall be filed in accordance with Part IXA.
(4)  If the proof of debt is filed in accordance with rule 262B, a copy of each document substantiating the claim specified in the proof of debt —
(a)
shall be filed in accordance with rule 262B together with the proof of debt; or
(b)
where the Official Assignee is of the opinion that a creditor will incur unreasonable expense or suffer unreasonable inconvenience in complying with sub‑paragraph (a), shall be sent to the Official Assignee within 14 days after the date of filing of the proof of debt, in such manner as the Official Assignee may specify in any practice directions issued by the Official Assignee.
(5)  If the proof of debt is filed in accordance with rule 262D, a copy of each document substantiating the claim specified in the proof of debt shall accompany the proof of debt.”.
[LAW 20/001/001 Vol. 5; AG/LLRD/SL/20/2010/1 Vol. 1]