A 44
[Subsidiary]
Discharge of costs, etc., before estate handed over to trustee.
R349.
(Cap. 6.)
CAP. 6]
Bankruptcy Rules
[1977 Ed.
(2) No member of a committee of inspection of an estate shall, except under and with the sanction of the court, directly or indirectly, by himself or any employer, partner, clerk, agent or servant, be entitled to derive any profit from any transaction arising out of the bankruptcy or to receive out of the estate any payment for services rendered by him in connexion with the administration of the estate or for any goods supplied by him to the trustee for or on account of the estate. If it appears to the court that any profit or payment has been made contrary to the provisions of this rule, it may disallow such payment or recover such profit, as the case may be, on the audit of the trustee's account.
(3) Where the sanction of the court under this rule to a payment to a member of a committee of inspection for services rendered by him in connexion with the administration of the estate is obtained, the order of the court shall specify the nature of the services and shall only be given where the service performed is of a special nature. No payment shall under any circumstances be allowed to a member of a committee for services rendered by him in the discharge of the duties attaching to his office as a member of such committee.
(4) The cost of obtaining such sanction as aforesaid shall be borne by the person in whose interest it is obtained and shall not be payable out of the debtor's estate.
179. (1) Where a debtor is adjudged bankrupt and a trustee is appointed, the Official Receiver shall forthwith put the trustee into possession of all property of the bankrupt of which the Official Receiver may be possessed; provided that such trustee has, before the estate is handed over to him by the Official Receiver, discharged any balance due to the Official Receiver on account of fees, costs and charges properly incurred by him and payable under the Ordinance, and on account of all advances properly made by him in respect of the estate, together with interest on such advances at the rate of 8 per cent per annum, and has discharged or undertaken to discharge all guarantees which have been given by the Official Receiver for the benefit of the estate; and the trustee shall pay all fees, costs and charges of the Official Receiver which may not have been discharged by the trustee before being put into possession of the property of the bankrupt and whether incurred before or after he has been put into such possession.
(2) The Official Receiver shall be deemed to have a lien upon the estate until such balance has been paid and such guarantees and other liabilities have been discharged.
(3) It shall be the duty of the Official Receiver, if so requested by the trustee, to communicate to the trustee all such information respecting the bankrupt and his estate and affairs as may be necessary or conducive to the due discharge of the duties of the trustee.