1977 Ed.]
Bankruptcy Rules
[CAP. 6
A 23
75. The Official Receiver shall cause a sealed copy of a receiving order and an adjudication order to be served on the debtor.
76. A receiving order shall not be made against a debtor on a petition in which the act of bankruptcy alleged is non-compliance with a bankruptcy notice within the appointed time, where such debtor has applied to set aside such notice until after the hearing of the application, or where the notice has been set aside, or during a stay of the proceedings thereon, but in such case the petition shall be adjourned or dismissed as the court may think fit.
[Subsidiary]
Service of receiving order, etc.
Forms 25, 26, 78. G.N.A. 124/55.
Receiving order on bankruptcy notice.
R184.
77. There may be included in a receiving order an order staying any action or proceeding against the debtor or staying proceedings generally.
78. Where a receiving order is made the Official Receiver shall forthwith send notice thereof to the Gazette and to such local newspaper or newspapers as he may think fit.
R183.
Advertisement.
R186. Form 27.
Costs of
79. (1) Subject to paragraphs (2), (3) and (4), the costs of all proceedings under the Ordinance down to and including the making of the receiving order shall be borne by the party prosecuting the same.
(2) The court may at any time order that the debtor shall pay the whole or any part of the costs.
(3) Where a receiving order is made on the petition of the debtor while a creditor's petition against him is pending, the court may order that the costs shall be paid out of the estate.
(4) Where a receiving order is made on a creditor's petition, the costs of the petitioning creditor, including the costs of any bankruptcy notice sued out by him, shall be taxed and paid out of the estate.
79A. When the proceeds of the estate are not sufficient for the payment of any costs necessarily incurred by the Official Receiver in excess of the deposit made under rule 52 between the making of the receiving order and the conclusion of the first meeting of creditors the court may order such costs to be paid by the party prosecuting the proceedings.
80. (1) An application to the court to rescind a receiving order or to stay proceedings thereunder, or to annul an adjudication, made by any person other than the Official Receiver shall not be heard except upon proof that notice of the intended application and a copy of the affidavits in support thereof have been duly served upon the Official Receiver. Notice of any such application shall be served on the Official Receiver not less than 7 days before the day named in the notice for hearing the
R187. (Cap. 6.) L.N. 39/76.
Official
Receiver's costs where proceeds of estate insufficient. S.I. 1952/2113, r. 181. L.N. 39/76.
Application to rescind order, to stay proceedings thereunder or to annul adjudication;
R188.
Forms 18, 19, 79.