Bankruptcy.
(c) no costs of or incident to such application shall be allowed to the applicant unless the court is satisfied. that the application could not have been made at the time of the proceeding.
[CAP. 6
shorthand
38. Where at the instance of the Official Receiver a Costs of shorthand writer not already in the service of the Government is appointed to take notes of the examination of the debtor at his public examination, the cost of such notes shall be deemed to be an expense incurred or authorized by the Official Receiver and shall be payable out of the estate of the bankrupt in the order of priority in which such expenses are payable under the provisions of section 37 of the Ordinance.
39. In any case in which, after a bankruptcy petition has been presented by a creditor against a debtor and before the hearing of such petition, the debtor files a petition and a receiving order is made on the petition of the debtor, unless in the opinion of the court the estate has benefited thereby or there are special circumstances which make it just that such costs should be allowed, no costs shall be allowed to the debtor or his solicitor out of the estate.
(Cap. 6).
Disallowance unnecessary
of costs of
petition.
R119.
Apportion-
costs in case
ship.
ment of
of partner-
40. In the case of a bankruptcy petition against a partnership the costs payable out of the estates incurred up to and inclusive of the receiving order shall be apportioned between the joint and separate estates in such proportions as R120. the Official Receiver may in his discretion determine.
41. (1) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred prior to the appointment of the trustee, the Official Receiver may pay or direct the trustee to pay such costs or charges out of the separate estates of such co-debtors, or one or more of them, in such proportions as in his discretion the Official Receiver may think fit. The Official Receiver may also, as in his discretion he may think fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate.
Costs out
of joint and
separate
estates.
R121.
371
Bankruptcy.
(c) no costs of or incident to such application shall be allowed to the applicant unless the court is satisfied. that the application could not have been made at the time of the proceeding.
[CAP. 6
shorthand
38. Where at the instance of the Official Receiver a Costs of shorthand writer not already in the service of the Govern- notes. ment is appointed to take notes of the examination of the R118. debtor at his public examination, the cost of such notes shall be deemed to be an expense incurred or authorized by the Official Receiver and shall be payable out of the estate of the bankrupt in the order of priority in which such expenses are payable under the provisions of section 37 of the Ordinance.
39. In any case in which, after a bankruptcy petition has been presented by a creditor against a debtor and before the hearing of such petition, the debtor files a petition and a receiving order is made on the petition of the debtor, unless in the opinion of the court the estate has benefited thereby or there are special circumstances which make it just that such costs should be allowed, no costs shall be allowed to the debtor or his solicitor out of the estate.
(Cap. 6).
Disallowance unnecessary
of costs of
petition.
R119.
Apportion- costs in case ship.
ment of
of partner-
40. In the case of a bankruptcy petition against a partnership the costs payable out of the estates incurred up to and inclusive of the receiving order shall be apportioned between the joint and separate estates in such proportions as R120. the Official Receiver may in his discretion determine.
41. (1) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred prior to the appointment of the trustee, the Official Receiver may pay or direct the trustee to pay such costs or charges out of the separate estates of such co-debtors, or one or more of them, in such proportions as in his discretion the Official Receiver may think fit. The Official Receiver may also, as in his discretion he may think fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate.
Costs out separate
of joint and
estates.
R121.
371
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