CAP. 61
Bankruptcy.
[r. 129 cont.] rescind the order or to reduce the amount ordered to be paid by him to the trustee. And in the case of any increase in the amount of such salary or income (inclusive of any bonus or commission as aforesaid) the Official Receiver or trustee may
in like manner apply to the court to increase the amount ordered to be paid by the debtor to the trustee.
Disclaimer
of lease.
R276. Forms
123 to 130.
Disclaimer of lease.
130. (1) A lease may be disclaimed without the leave of the court in any of the following cases-
(a) where the bankrupt has not sublet the demised premises or any part thereof or created a mortgage or charge upon the lease, and—
(i) the rent reserved or the value of the property leased, as ascertained by the assessment, is less than $1,200 per annum; or
(ii) the trustee serves the lessor with notice of his intention to disclaim, and the lessor does not within seven days after the receipt of such notice give notice to the trustee requiring the matter to be brought before the court;
(b) where the bankrupt has sublet the demised premises or created a mortgage or charge upon the lease, and the trustee serves the lessor and the sub-lessee or the mortgagees with notice of his intention to disclaim, and neither the lessor nor the sub-lessee or the mortgagees or any of them, within fourteen days after the receipt of such notice, require or requires the matter to be brought before the court.
(2) Except as provided by this rule, the disclaimer of a lease without the leave of the court shall be void.
(3) Where a trustee disclaims a lease he shall forthwith file the disclaimer with the proceedings in the court and shall also, if the lease is registered in the Land Office, register a memorial of such disclaimer in the Land Office; and the disclaimer shall contain particulars of the interest disclaimed and a statement of the persons to whom notice of the disclaimer has been given. Until the disclaimer is so filed, or, as the case may be, filed and registered, by the trustee, the disclaimer shall be inoperative.
392
CAP. 61
Bankruptcy.
[r. 129 cont.] rescind the order or to reduce the amount ordered to be paid by him to the trustee. And in the case of any increase in the amount of such salary or income (inclusive of any bonus or commission as aforesaid) the Official Receiver or trustee may
in like manner apply to the court to increase the amount ordered to be paid by the debtor to the trustee.
Disclaimer
of lease.
R276. Forms
123 to 130.
Disclaimer of lease.
130. (1) A lease may be disclaimed without the leave of the court in any of the following cases-
(a) where the bankrupt has not sublet the demised premises or any part thereof or created a mortgage or charge upon the lease, and—
(i) the rent reserved or the value of the property leased, as ascertained by the assessment, is less than $1,200 per annum; or
(ii) the trustee serves the lessor with notice of his intention to disclaim, and the lessor does not within seven days after the receipt of such notice give notice to the trustee requiring the matter to be brought before the court;
(b) where the bankrupt has sublet the demised premises or created a mortgage or charge upon the lease, and the trustee serves the lessor and the sub-lessee or the mortgagees with notice of his intention to disclaim, and neither the lessor nor the sub-lessee or the mortgagees or any of them, within fourteen days after the receipt of such notice, require or requires the matter to be brought before the court.
(2) Except as provided by this rule, the disclaimer of a lease without the leave of the court shall be void.
(3) Where a trustee disclaims a lease he shall forthwith file the disclaimer with the proceedings in the court and shall also, if the lease is registered in the Land Office, register a memorial of such disclaimer in the Land Office; and the disclaimer shall contain particulars of the interest disclaimed and a statement of the persons to whom notice of the dis- claimer has been given. Until the disclaimer is so filed, or, as the case may be, filed and registered, by the trustee, the disclaimer shall be inoperative.
392
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