1950_BANKRUPTCY_RULES — Page 33

HK Historical Laws 香港歷史法例 All AI Reviewed

Bankruptcy.

(4) Where, in pursuance of notice by the trustee of his intention to disclaim a lease, the lessor, sub-lessee, or mortgagee requires the trustee to apply to the court for leave to disclaim, the costs of the lessor, sub-lessee, or mortgagee shall not be allowed out of the estate of the bankrupt except in cases in which the court is satisfied that such application was necessary in order to do justice between the parties.

(5) A disclaimer made without leave of the court under this rule shall not be void or otherwise affected on the ground only that the notice required by this rule has not been given to some person who claims to be interested in the demised property.

(6) Where any person claims to be interested in any part of the property of the bankrupt burdened with onerous covenants, he shall, at the request of the Official Receiver or trustee, furnish a statement of the interest so claimed by him.

Proceedings by company or co-partnership.

[CAP. 6

Public officer or agent of company,

131. A bankruptcy petition against or bankruptcy notice to any debtor to any company or co-partnership duly authorized to sue and be sued in the name of a public officer or agent of such company or co-partnership may be presented by or sued out by such public officer or agent as the nominal petitioner for and on behalf of such company or co-partnership, on such public officer or agent filing an affidavit stating that he is such public officer or agent and that he is authorized to present or sue out such petition or bankruptcy notice.

Proceedings by or against firm.

of firm

132. Where any notice, declaration, petition or other document requiring attestation is signed by a firm of creditors or debtors in the firm name, the partner signing for the firm shall add also his own signature e.g. "Brown & Co. by James Green, a partner in the said firm."

Petition by

133. Where a firm of debtors file a declaration of inability to pay their debts or a bankruptcy petition the same shall contain the names in full of the individual partners, and if such declaration or petition is signed in the firm name the

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Bankruptcy. (4) Where, in pursuance of notice by the trustee of his intention to disclaim a lease, the lessor, sub-lessee, or mortgagee requires the trustee to apply to the court for leave to disclaim, the costs of the lessor, sub-lessee, or mortgagee shall not be allowed out of the estate of the bankrupt except in cases in which the court is satisfied that such application was necessary in order to do justice between the parties. (5) A disclaimer made without leave of the court under this rule shall not be void or otherwise affected on the ground only that the notice required by this rule has not been given to some person who claims to be interested in the demised property. (6) Where any person claims to be interested in any part of the property of the bankrupt burdened with onerous covenants, he shall, at the request of the Official Receiver or trustee, furnish a statement of the interest so claimed by him. Proceedings by company or co-partnership. [CAP. 6 Public officer or agent of company, 131. A bankruptcy petition against or bankruptcy notice to any debtor to any company or co-partnership duly authorized to sue and be sued in the name of a public officer or agent of such company or co-partnership may be presented by or sued out by such public officer or agent as the nominal petitioner for and on behalf of such company or co-partnership, on such public officer or agent filing an affidavit stating that he is such public officer or agent and that he is authorized to present or sue out such petition or bankruptcy notice. Proceedings by or against firm. of firm 132. Where any notice, declaration, petition or other document requiring attestation is signed by a firm of creditors or debtors in the firm name, the partner signing for the firm shall add also his own signature e.g. "Brown & Co. by James Green, a partner in the said firm." Petition by 133. Where a firm of debtors file a declaration of inability to pay their debts or a bankruptcy petition the same shall contain the names in full of the individual partners, and if such declaration or petition is signed in the firm name the
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Bankruptcy. (4) Where, in pursuance of notice by the trustee of his. intention to disclaim a lease, the lessor, sub-lessee, or mort- gagee requires the trustee to apply to the court for leave to disclaim, the costs of the lessor, sub-lessee, or mortgagee shall not be allowed out of the estate of the bankrupt except in cases in which the court is satisfied that such application was necessary in order to do justice between the parties. (5) A disclaimer made without leave of the court under this rule shall not be void or otherwise affected on the ground only that the notice required by this rule has not been given to some person who claims to be interested in the demised property. (6) Where any person claims to be interested in any part of the property of the bankrupt burdened with onerous covenants, he shall, at the request of the Official Receiver or trustee, furnish a statement of the interest so claimed by him. Proceedings by company or co-partnership. [CAP. 6 Public officer or agent of company, 131. A bankruptcy petition against or bankruptcy notice to any debtor to any company or co-partnership duly authorized to sue and be sued in the name of a public officer etc. or agent of such company or co-partnership may be presented R277. by or sued out by such public officer or agent as the nominal petitioner for and on behalf of such company or co-partner- ship, on such public officer or agent filing an affidavit stating that he is such public officer or agent and that he is authorized to present or sue out such petition or bankruptcy notice. Proceedings by or against firm. of firm 132. Where any notice, declaration, petition or other Attestation document requiring attestation is signed by a firm of creditors signature. or debtors in the firm name, the partner signing for the firm R278. shall add also his own signature e.g. "Brown & Co. by James Green, a partner in the said firm." petition by 133. Where a firm of debtors file a declaration of inability Debtor's to pay their debts or a bankruptcy petition the same shall firm. contain the names in full of the individual partners, and if R281. such declaration or petition is signed in the firm name the 393
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Bankruptcy.

(4) Where, in pursuance of notice by the trustee of his. intention to disclaim a lease, the lessor, sub-lessee, or mort- gagee requires the trustee to apply to the court for leave to disclaim, the costs of the lessor, sub-lessee, or mortgagee shall not be allowed out of the estate of the bankrupt except in cases in which the court is satisfied that such application was necessary in order to do justice between the parties.

(5) A disclaimer made without leave of the court under this rule shall not be void or otherwise affected on the ground only that the notice required by this rule has not been given to some person who claims to be interested in the demised property.

(6) Where any person claims to be interested in any part of the property of the bankrupt burdened with onerous covenants, he shall, at the request of the Official Receiver or trustee, furnish a statement of the interest so claimed by him.

Proceedings by company or co-partnership.

[CAP. 6

Public officer or agent of

company,

131. A bankruptcy petition against or bankruptcy notice to any debtor to any company or co-partnership duly authorized to sue and be sued in the name of a public officer etc. or agent of such company or co-partnership may be presented R277. by or sued out by such public officer or agent as the nominal petitioner for and on behalf of such company or co-partner- ship, on such public officer or agent filing an affidavit stating that he is such public officer or agent and that he is authorized to present or sue out such petition or bankruptcy notice.

Proceedings by or against firm.

of firm

132. Where any notice, declaration, petition or other Attestation document requiring attestation is signed by a firm of creditors signature. or debtors in the firm name, the partner signing for the firm R278. shall add also his own signature e.g. "Brown & Co. by James Green, a partner in the said firm."

petition by

133. Where a firm of debtors file a declaration of inability Debtor's to pay their debts or a bankruptcy petition the same shall firm. contain the names in full of the individual partners, and if R281. such declaration or petition is signed in the firm name the

393

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