A 38
CAP. 6]
[Subsidiary]
Duties of executor, etc. R302. (Cap. 6.)
G.N.A. 124/55.
Meetings of creditors, trustees, etc. R304.
(Cap. 6, sub. leg.)
Administration of small bankruptcies.
S.1. 1952/2113, r. 298(1), (2), (4), (9), (11), (14). (Cap. 6.)
L.N. 39/76.
Bankruptcy Rules
[1977 Ed.
148. (1) When an administration order under section 112 of the Ordinance has been made, it shall be the duty of the executor or legal personal representative of the deceased debtor, or of the Official Administrator, to lodge with the Official Receiver forthwith (in duplicate) an account of the dealings with, and administration of (if any), the deceased's estate by such executor or legal personal representative or by the Official Administrator, and such executor or legal personal representative or the Official Administrator shall also furnish forthwith in duplicate a list of the creditors and a statement of the assets and liabilities and such other particulars of the affairs of the deceased as may be required by the Official Receiver. Every account, list and statement to be made under this rule shall be made and verified as nearly as may be in accordance with the practice for the time being of the original jurisdiction of the court.
(2) The expense of preparing, making, verifying and lodging any account, list and statement under this rule shall, after being taxed, be allowed out of the estate, upon production of the necessary allocatur.
149. In proceedings under an order for the administration of the estate of a person dying insolvent, where a meeting of creditors is summoned for the appointment of a trustee-
(a) the provisions of the Meetings of Creditors Rules relating to the mode of summoning a meeting of creditors, and to the persons entitled to vote at a meeting, and
(b) the provisions of these rules which refer to creditors, meetings of creditors, trustees and committees of inspection,
shall, so far as applicable, apply as if the proceedings were under a receiving order and an order of adjudication.
Summary administration of small bankruptcies
149A. (1) Where the court orders that an estate shall be administered in a summary manner under section 112A of the Ordinance, the provisions of the Ordinance and these rules shall, subject to any special direction of the court, be modified in accordance with paragraphs (2), (3), (4), (5), (6), (7) and (8).
(2) On the making of the order the Official Receiver shall forthwith cause notice thereof to be published in the Gazette, but there shall be no advertisement of any subsequent proceedings unless the court otherwise directs.
(3) The title of every document in the proceedings subsequent to the making of the order shall contain the words "Summary Case".
(4) If-
(a) no proposal for a composition or scheme is lodged with the Official Receiver within the times specified for that purpose in section 20(1) of the Ordinance; or