(
1986 Ed.]
Bankruptcy
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costs of the administration and interest as provided by this Ordinance in case of bankruptcy, such surplus shall be paid over to the legal personal representative of the deceased debtor's estate, or failing such representative, to the Official Administrator.
(8) Service on the legal personal representative of a deceased debtor or on the Official Administrator of a petition under this section shall, in the event of an order for administration being made thereon, be deemed to be equivalent to notice of an act of bankruptcy, and after such service no payment or transfer of property made by the legal personal representative shall operate as a discharge to him as between himself and the Official Receiver or trustee; save as aforesaid nothing in this section shall invalidate any payment made or any act or thing done in good faith by the legal personal representative before the date of the order for administration.
(9) A petition for the administration of the estate of a deceased debtor under this section may be presented by the legal personal representative of the debtor or by the Official Administrator; and where a petition is so presented by such a representative or by the Official Administrator this section shall apply subject to such modifications as may be prescribed by general rules made under subsection (10).
(10) General rules for carrying into effect the provisions of this section may be made in the same manner and to the like effect and extent as in bankruptcy.
112A. (1) Subject to subsection (2), where a petition is presented by or against a debtor and-
(a) the court receives proof to its satisfaction; or
(b) the Official Receiver reports to the court,
that the property of the debtor is not likely to exceed in value $200,000, the court may make an order that the debtor's estate be administered in a summary manner, and thereupon the provisions of this Ordinance shall apply subject to the following modifications- (Amended, 26 of 1985, s. 3)
(ia) the Official Receiver may dispense with the summoning of the first meeting of creditors required under section 17, and instead apply to the court for an order adjudging the debtor bankrupt; (Added, 26 of 1985, s. 3)
(i) if the debtor is adjudged bankrupt the Official Receiver shall be the trustee in the bankruptcy;
(ii) there shall be no committee of inspection, and the Official Receiver may do all things which may be done by a trustee with the permission of a committee of inspection;
(iii) such other modifications as may be prescribed with a view to saving expense and simplifying procedure, but nothing
Rules. Form 135.
Application of Ordinance to small bankruptcies.
1914 c. 47, s. 129.
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