CAP. 61
[s. 77 cont.]
Duties of
Official Receiver as
to debtor's
estate.
4 & 5 Geo. 5.
c. 59, s. 74.
Rules. Forms 50, 51.
Rules. Form 27.
Bankruptcy.
believe that the debtor has committed any act which constitutes a misdemeanor under this Ordinance or which would justify the court in refusing, suspending or qualifying an order for his discharge; (b) to conduct the public examination of the debtor; (c) to take such part and give such assistance in relation to the prosecution of any fraudulent debtor as the Attorney General may direct.
78. (1) As regards the estate of a debtor, it shall be the duty of the Official Receiver-
(a) pending the appointment of a trustee, to act as interim receiver of the debtor's estate, and where a special manager is not appointed, as manager thereof;
(b) to raise money in any case where in the interests of the creditors it appears necessary so to do;
(c) to summon and preside at the first meeting of creditors;
(d) to issue forms of proxy for use at the meetings of creditors;
(e) to report to the creditors as to any proposal which the debtor may have made with respect to the mode of liquidating his affairs;
(f) to advertise the receiving order, the date of the creditors' first meeting and of the debtor's public examination, and such other matters as it may be necessary to advertise;
(g) to act as trustee during any vacancy in the office of trustee;
(h) to assist the debtor in preparing his statement of affairs in case the debtor has no solicitor acting for him and is unable properly to prepare it himself, and for this purpose he may employ at the expense of the estate any person or persons to assist in its preparation.
(2) For the purpose of his duties as interim receiver or manager the Official Receiver shall have the same powers as if he were a receiver and manager appointed by the court, but shall, as far as practicable, consult the wishes of the creditors with respect to the management of the debtor's property, and may for that purpose, if he thinks it advisable,
226
CAP. 61
[s. 77 cont.]
Duties of
Official Receiver as
to debtor's
estate.
4 & 5 Geo. 5.
c. 59, s. 74.
Rules. Forms 50. 51.
Rules. Form 27.
Bankruptcy.
believe that the debtor has committed any act which constitutes a misdemeanor under this Ordinance or which would justify the court in refusing, suspend- ing or qualifying an order for his discharge; (b) to conduct the public examination of the debtor; (c) to take such part and give such assistance in relation. to the prosecution of any fraudulent debtor as the Attorney General may direct.
78. (1) As regards the estate of a debtor, it shall be the duty of the Official Receiver-
(a)
pending the appointment of a trustee, to act as interim receiver of the debtor's estate, and where a special manager is not appointed, as manager thereof;
(b) to raise money in any case where in the interests of the creditors it appears necessary so to do; (c) to summon and preside at the first meeting of
creditors;
(d) to issue forms of proxy for use at the meetings of
creditors;
(e) to report to the creditors as to any proposal which the debtor may have made with respect to the mode of liquidating his affairs;
(f) to advertise the receiving order, the date of the creditors' first meeting and of the debtor's public examination, and such other matters as it may be necessary to advertise;
(g) to act as trustee during any vacancy in the office of
trustee ;
(h) to assist the debtor in preparing his statement of
affairs in case the debtor has no solicitor acting for him and is unable properly to prepare it himself, and for this purpose he may employ at the expense of the estate any person or persons to assist in its preparation.
(2) For the purpose of his duties as interim receiver or manager the Official Receiver shall have the same powers as if he were a receiver and manager appointed by the court, but shall, as far as practicable, consult the wishes of the creditors with respect to the management of the debtor's property, and may for that purpose, if he thinks it advisable,
226
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