1912_BANKRUPTCY_ORDINANCE__1891 — Page 20

BANKRUPTCY.

No. 7 of 1891.

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of trust to which he was a party or from any debt or liability whereof he has obtained forbearance by any fraud to which he was a party.

(3) An order of discharge shall release the bankrupt from all other debts provable in bankruptcy.

(4) An order of discharge shall not release any person who, at the date of the receiving order, was a partner or co-trustee with the bankrupt or was jointly bound or had made any joint contract with him or any person who was surety or in the nature of a surety for him.

29.-(1) Where, in the opinion of the Court, a debtor ought not Annulling of to have been adjudged bankrupt or where it is proved, to the in certain

adjudication

satisfaction of the Court, that the debts of the bankrupt have been c paid in full or fully secured to the satisfaction of the Court, the Court may, on the application of any person interested, by order annul the adjudication.

(2) Notice of the order annulling an adjudication shall be forth- with gazetted.

(3) Where an adjudication is annulled, all sales and dispositions of property and payments duly made and acts theretofore done by the Official Receiver, trustee, manager, or other person acting under their authority or by the Court shall be valid, but the property of the debtor who was adjudged bankrupt shall vest in such person as the Court may appoint, or, in default of any such appointment, revert to the debtor for all his estate or interest therein, on such terms and subject to such conditions, if any, as the Court may, by order, declare.

PART II.

ADMINISTRATION OF PROPERTY. Proof of debts.

[46 & 47 Vict. c. 52 s. 35.]

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proving debt.

30.-(1) A debt may be proved, immediately after the making of Mode of a receiving order, by delivering or sending through the post to the form 15. Official Receiver or to the trustee an affidavit verifying the debt made by the creditor or by some person on his behalf having knowledge of the necessary facts.

(2) The affidavit shall state whether the creditor is or is not a secured creditor.

(3) If a secured creditor realizes his security, he may prove for the balance due to him, after deducting the net amount realized.