1977 Ed.]
Bankruptcy (Forms) Rules
[CAP. 6
B9
[Subsidiary]
FORM 7
[rule 48.]
AFFIDAVIT OF SERVICE OF BANKRUPTCY NOTICE
(Title.)
In the matter of a bankruptcy notice, issued
I, L.M., of
make oath and say-
1. That I did on the day of 19 serve the above-mentioned A.B. [or the partners in the above-mentioned firm of] with a copy of the above-mentioned notice, duly sealed with the seal of the court, by delivering the same personally to the said A.B. [or C.D. a partner or E.F. a person having at the time of service the control and management of the partnership business there or of the business carried on under the above-mentioned name or style] at [place] at in the noon.
2. A sealed copy of the said notice is hereunto annexed and marked
Sworn at, etc.
L.M.
NOTE-If the service is effected on a person having at the time of service the control or management of the partnership business, the affidavit must, after the description of the place of service, contain the words “being the principal place of business of the said
FORM 8
[rules 45, 46.]
AFFIDAVIT ON APPLICATION TO SET ASIDE BANKRUPTCY NOTICE
(Title.)
I, A.B., of make oath and say-
1. That I was, on the day of served with the notice hereunto annexed [or describe the notice.]
That I have satisfied the debt claimed by C.D. by [state nature of satisfaction].
2. That I have a counterclaim [or set-off or cross-demand] for being a sum equal to [or exceeding] the claim of the said C.D. in respect of [here state grounds of counterclaim].
3. That I could not have set up the said counterclaim [or as the case may be] in the action in which the said judgment or order was obtained against me.
Sworn at, etc.
(Signature).
FORM 9
[rule 49.]
ORDER SETTING ASIDE BANKRUPTCY NOTICE
(Title.)
In the matter of a bankruptcy notice issued,
Upon the application of A.B. to set aside this notice, and upon reading the affidavit of A.B. [and upon hearing], it is ordered