1937_BANKRUPTCY_ORDINANCE__1931 — Page 9

HK Historical Laws 香港歷史法例 All AI Reviewed

BANKRUPTCY.

No. 10 of 1931.

1851

order.

12.-(1) On the making of a receiving order the Official Receiver shall be thereby constituted receiver of the property of the debtor, and thereafter, except as directed by this Ordinance, 4 & 5 Geo. 5, c. 59, s. 7. no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings, unless with the leave of the court and on such terms as the court may impose.

(2) This section shall not affect the power of any secured creditor to realize or otherwise deal with his security.

interim

13. The court may, if it is shown to be necessary for the protection of the estate, at any time after the presentation of a bankruptcy petition and before a receiving order is made, appoint the Official Receiver to be interim receiver of the property of the debtor or of any part thereof, and direct him to take immediate possession thereof or of any part thereof. 4 & 5 Geo. 6, c. 59, s. 8.

Form No. 13.

stay

14.-(1) The court may at any time after the presentation of a bankruptcy petition either stay any action, execution or other legal process against the property or person of the debtor or allow it to continue on such terms as it may think just.

(2) Where the court makes an order staying any action or proceeding, or staying proceedings generally, the order may be served by sending a copy thereof, under the seal of the court, by post to the address for service of the plaintiff or other party prosecuting such proceeding or to the address of his solicitor.

(3) Without prejudice to the provisions of sub-section (1), if the court orders the release of any debtor who is under execution for a civil debt, it may impose such conditions as it thinks fit, and in particular it may require as a condition of such release that the debtor find security to attend in the subsequent bankruptcy proceedings and to abide by all orders of the court relating to the said proceedings.

15.-(1) The court may, on the application of the Official Receiver or of any creditor or creditors, and if satisfied that the nature of the debtor's estate or business or the interests of the creditors generally require the appointment of a special manager of the estate or business other than the Official Receiver, appoint a manager thereof accordingly to act until a trustee is appointed, pending proceedings. 4 & 5 Geo. 5, c. 59, s. 9.

Power to appoint special manager. 4 & 5 Geo. 5, c. 59, s. 10.

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BANKRUPTCY. No. 10 of 1931. 1851 order. 12.-(1) On the making of a receiving order the Official Receiver shall be thereby constituted receiver of the property of the debtor, and thereafter, except as directed by this Ordinance, 4 & 5 Geo. 5, c. 59, s. 7. no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings, unless with the leave of the court and on such terms as the court may impose. (2) This section shall not affect the power of any secured creditor to realize or otherwise deal with his security. interim 13. The court may, if it is shown to be necessary for the protection of the estate, at any time after the presentation of a bankruptcy petition and before a receiving order is made, appoint the Official Receiver to be interim receiver of the property of the debtor or of any part thereof, and direct him to take immediate possession thereof or of any part thereof. 4 & 5 Geo. 6, c. 59, s. 8. Form No. 13. stay 14.-(1) The court may at any time after the presentation of a bankruptcy petition either stay any action, execution or other legal process against the property or person of the debtor or allow it to continue on such terms as it may think just. (2) Where the court makes an order staying any action or proceeding, or staying proceedings generally, the order may be served by sending a copy thereof, under the seal of the court, by post to the address for service of the plaintiff or other party prosecuting such proceeding or to the address of his solicitor. (3) Without prejudice to the provisions of sub-section (1), if the court orders the release of any debtor who is under execution for a civil debt, it may impose such conditions as it thinks fit, and in particular it may require as a condition of such release that the debtor find security to attend in the subsequent bankruptcy proceedings and to abide by all orders of the court relating to the said proceedings. 15.-(1) The court may, on the application of the Official Receiver or of any creditor or creditors, and if satisfied that the nature of the debtor's estate or business or the interests of the creditors generally require the appointment of a special manager of the estate or business other than the Official Receiver, appoint a manager thereof accordingly to act until a trustee is appointed, pending proceedings. 4 & 5 Geo. 5, c. 59, s. 9. Power to appoint special manager. 4 & 5 Geo. 5, c. 59, s. 10.
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BANKRUPTCY. No. 10 of 1931. 1851 order. 12.-(1) On the making of a receiving order the Official Effect of Receiver shall be thereby constituted receiver of the property of receiving the debtor, and thereafter, except as directed by this Ordinance, 4 & 5 Geo. 5, c. 59, s. 7. no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings, unless with the leave of the court and on such terms as the court may impose. (2) This section shall not affect the power of any secured creditor to realize or otherwise deal with his security. interim 13. The court may, if it is shown to be necessary for the Power to protection of the estate, at any time after the presentation of a appoint bankruptcy petition and before a receiving order is made, appoint receiver. the Official Receiver to be interim receiver of the property of the 4 & 5 Geo. 6, debtor or of any part thereof, and direct him to take immediate Rules. possession thereof or of any part thereof. c. 59, s. 8. Form No. 13. stay 14.-(1) The court may at any time after the presentation Power to of a bankruptcy petition either stay any action, execution or other legal process against the property or person of the debtor or allow it to continue on such terms as it may think just. (2) Where the court makes an order staying any action or proceeding, or staying proceedings generally, the order may be served by sending a copy thereof, under the seal of the court, by post to the address for service of the plaintiff or other party prosecuting such proceeding or to the address of his solicitor. (3) Without prejudice to the provisions of sub-section (1), if the court orders the release of any debtor who is under execution for a civil debt, it may impose such conditions as it thinks fit, and in particular it may require as a condition of such release that the debtor find security to attend. in the subsequent bankruptcy proceedings and to abide by all orders of the court relating to the said proceedings. 15.-(1) The court may, on the application of the Official Receiver or of any creditor or creditors, and if satisfied that the nature of the debtor's estate or business or the interests of the creditors generally require the appointment of a special manager of the estate or business other than the Official Receiver, appoint a manager thereof accordingly to act until a trustee is appointed, pending proceedings. 4 & 5 Geo. 5, c. 59, s. 9. Power to appoint special manager. 4 & 5 Geo. 5, c. . 59, s. 10.
2026-05-03 13:13:34 · Baseline
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BANKRUPTCY.

No. 10 of 1931.

1851

order.

12.-(1) On the making of a receiving order the Official Effect of Receiver shall be thereby constituted receiver of the property of receiving the debtor, and thereafter, except as directed by this Ordinance, 4 & 5 Geo. 5,

c. 59, s. 7. no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings, unless with the leave of the court and on such terms as the court may impose.

(2) This section shall not affect the power of any secured creditor to realize or otherwise deal with his security.

interim

13. The court may, if it is shown to be necessary for the Power to protection of the estate, at any time after the presentation of a appoint bankruptcy petition and before a receiving order is made, appoint receiver. the Official Receiver to be interim receiver of the property of the 4 & 5 Geo. 6, debtor or of any part thereof, and direct him to take immediate Rules. possession thereof or of any part thereof.

c. 59, s. 8.

Form No.

13.

stay

14.-(1) The court may at any time after the presentation Power to of a bankruptcy petition either stay any action, execution or other legal process against the property or person of the debtor or allow it to continue on such terms as it may think just.

(2) Where the court makes an order staying any action or proceeding, or staying proceedings generally, the order may be served by sending a copy thereof, under the seal of the court, by post to the address for service of the plaintiff or other party prosecuting such proceeding or to the address of his solicitor.

(3) Without prejudice to the provisions of sub-section (1), if the court orders the release of any debtor who is under execution for a civil debt, it may impose such conditions as it thinks fit, and in particular it may require as a condition of such release that the debtor find security to attend. in the subsequent bankruptcy proceedings and to abide by all orders of the court relating to the said proceedings.

15.-(1) The court may, on the application of the Official Receiver or of any creditor or creditors, and if satisfied that the nature of the debtor's estate or business or the interests of the creditors generally require the appointment of a special manager of the estate or business other than the Official Receiver, appoint a manager thereof accordingly to act until a trustee is appointed,

pending proceedings. 4 & 5 Geo. 5, c. 59, s. 9.

Power to appoint special manager.

4 & 5 Geo. 5,

c.

. 59, s. 10.

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