1977 Ed.)

Bankruptcy Rules

[CAP. 6

A 27

[Subsidiary]

(2) Notice of the day fixed for the hearing shall be sent by the Official Receiver-

(a) forthwith to the Gazette and to one local newspaper; and (b) to each creditor specified under paragraph (1)(b) not less

than 14 days before the day fixed.

89. Without prejudice to the provisions of section 98 of the Ordinance, an appeal to the Court of Appeal shall lie at the instance of the Official Receiver from any order of the court made upon an application for the rescission of a receiving order, and at the instance of the Official Receiver or of the trustee (if any) from any order of the court made upon an application for discharge or for annulment of adjudication.

90. In every case of an application by a bankrupt for his discharge, the report of the Official Receiver shall be filed not less than 7 days before the time fixed for hearing the application.

91. Where a bankrupt intends to dispute any statement with regard to his conduct and affairs contained in the Official Receiver's report, he shall, not less than 3 days before the hearing of the application for discharge, give notice in writing to the Official Receiver, specifying the statements in the report which he proposes at the hearing to dispute. Any creditor who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the Official Receiver's report shall give notice of the intended opposition, stating the grounds thereof, to the Official Receiver and to the bankrupt not less than 3 days before the hearing of the application.

92. A bankrupt shall not be entitled to have any of the costs of or incidental to his application for his discharge allowed to him out of his estate.

93. (1) Where the court grants an order of discharge conditionally upon the bankrupt consenting to judgment being entered against him by the Official Receiver or trustee for the balance or any part of the balance of the debts provable under the bankruptcy which is not satisfied at the date of his discharge, the order of discharge shall not be signed, completed or delivered out until the bankrupt has given the required consent.

(2) If the bankrupt does not give the required consent within one month of the making of the conditional order, the court may, on the application of the Official Receiver or trustee, revoke the order or make such other order as the court may think fit.

94. The order of the court made on an application for discharge shall bear the date of and take effect from the day on which it is made; but such order shall not be delivered out or gazetted until after the expiration of the time allowed for appeal, or if an appeal be entered, until after the decision of the Court of Appeal thereon.

Appeals.

R229. (Cap.6.)

Report of Official Receiver.

R230.

Evidence in answer to report. R231.

G.N.A.124/55.

Costs of application. R232.

Orders conditional on consent

to judgment.

R233.

Forms 90 to 92.

Order.

R234.

Forms 85 to 89. G.N.A.124/55.

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