A 24
[Subsidiary]
application by Official Receiver;
IN231/3++
report by Official Receiver on application to rescind receiving order or annul adjudication. R188A.
How made out. R189. Form 28.
Dispensation
of statement of affairs.
L.N. 37/77. (Cap. 6.)
CAP. 6]
Bankruptcy Rules
[1977 Ed.
application. Pending the hearing of the application, the court may make an interim order staying such of the proceedings as it thinks fit.
(2) In any case in which any such application is made by the Official Receiver, 4 days' notice thereof and a copy of any report in support thereof shall be served on the debtor and the petitioning creditor (if any):
Provided that where such service is found to be impracticable by reason that the debtor or the petitioning creditor is out of the Colony or cannot be found at his usual or last known address or place of business no objection shall be taken to the application on the ground of such service not having been effected.
(3) Where an application is made to the court to rescind a receiving order or annul an order of adjudication, the Official Receiver shall make and file 4 days before the day appointed for hearing the application a report as to the debtor's conduct and affairs, including a report as to his conduct during the proceedings, and the court on the hearing of the application shall hear and consider such report and such further evidence as may be adduced by any party, and any objections which may be made by or on behalf of the trustee (if any) or any creditor whom the court may order to be served with notice of the application or may permit to appear thereon. For the purposes of the application, the report shall be prima facie evidence of the statements therein contained.
(4) For the purposes of this rule "creditor" includes all creditors mentioned in the debtor's statement of affairs or who have notified to the Official Receiver or trustee that they have, or at the date of the receiving order had, claims against the debtor.
Statement of affairs
81. The statement of affairs shall be made out in duplicate, and one copy shall be verified. The Official Receiver shall file in court the verified statement of affairs submitted to him by the debtor.
81A. (1) Where under section 18(1) of the Ordinance the court is considering whether an order dispensing with the requirement that a debtor shall make out and submit a statement of affairs should be made, it may receive a report of the Official Receiver informing the court of the circumstances in support of such order.
(2) When the court has made an order dispensing with the requirement that a debtor shall make out and submit a statement of affairs, it may give such consequential directions as it sees fit and in particular it may give directions as to the sending of any notices which are by the Ordinance or these rules required to be sent to any person named in the statement of affairs.