A 20
[Subsidiary]
Security for costs. R150.
(Cap. 6.)
Verification.
Forms 10 to 12.
Who to verify. R152.
Joint petitioners. R153.
Service.
R155.
Form 14.
Death of debtor before service of petition.
R159.
Form and contents of order.
R161.
Form 13.
Deposit.
R162. L.N. 46/64.
L.N. 143/25
Further deposit necessary.
R163.
L.N. 46/64.
L.N. 143/85
CAP. 6]
Bankruptcy Rules
[1977 Ed.
Creditor's petition
55. A petitioning creditor who is resident out of the jurisdiction, or whose estate is vested in a trustee under any law relating to bankruptcy, or against whom a petition is pending under the Ordinance, or who has made default in payment of any costs ordered by any court to be paid by him to the debtor, may be ordered to give security for costs to the debtor.
56. Every creditor's petition shall be verified by affidavit, and when it is filed there shall be lodged with it one copy to be sealed and issued to the petitioner.
57. When the petitioning creditor cannot himself verify all the statements contained in his petition, he shall file in support of the petition the affidavit of some person who can depose to them.
58. Where a petition is presented by 2 or more creditors jointly, it shall not be necessary for each creditor to depose to the truth of all the statements which are within his own knowledge, but it shall be sufficient that each statement in the petition is deposed to by someone within whose knowledge it is.
Service of creditor's petition
59. A creditor's petition may be served in the same manner as a writ of summons.
60. If a debtor against whom a bankruptcy petition has been filed dies before service thereof, the court may order service to be effected on the personal representatives of the debtor or on the Official Administrator or on such other persons as the court may think fit.
Interim receiver
61. Where an order is made appointing the Official Receiver to be interim receiver of the property of the debtor, such order shall state the nature and, so far as it is known, the locality of the property of which the Official Receiver is ordered to take possession.
62. Before any such order is made, the person who has made the application therefor shall deposit with the Official Receiver the sum of $1,000 towards the prescribed fee for the Official Receiver, and such further sum as the court directs for the expenses which may be incurred by him.
63. If the sum of $300, and such further sum so to be deposited for the expenses which may be incurred by the Official Receiver, proves to be insufficient, the person on whose application the order has been made shall from time to time deposit with the Official Receiver such further sums as the court directs.
Page 20
Page 21
A 20
[Subsidiary]
Security for costs. R150.
(Cap. 6.)
Verification.
Forms 10 to 12.
Who to verify. R152.
Joint petitioners. R153.
Service.
R155.
Form 14.
Death of debtor
before service of petition.
R159.
Form and con- tents of order.
R161.
Form 13.
Deposit.
R162. L.N. 46/64.
LN 143/25
Further deposit necessary.
R163.
L.N. 46/64.
LN14385
CAP. 6]
Bankruptcy Rules
[1977 Ed.
Creditor's petition
55. A petitioning creditor who is resident out of the jurisdic- tion, or whose estate is vested in a trustee under any law relating to bankruptcy, or against whom a petition is pending under the Ordinance, or who has made default in payment of any costs ordered by any court to be paid by him to the debtor, may be ordered to give security for costs to the debtor.
56. Every creditor's petition shall be verified by affidavit, and when it is filed there shall be lodged with it one copy to be sealed and issued to the petitioner.
57. When the petitioning creditor cannot himself verify all the statements contained in his petition, he shall file in support of the petition the affidavit of some person who can depose to them.
58. Where a petition is presented by 2 or more creditors jointly, it shall not be necessary for each creditor to depose to the truth of all the statements which are within his own knowledge, but it shall be sufficient that each statement in the petition is deposed to by someone within whose knowledge it is.
Service of creditor's petition
59. A creditor's petition may be served in the same manner as a writ of summons.
60. If a debtor against whom a bankruptcy petition has been filed dies before service thereof, the court may order service to be effected on the personal representatives of the debtor or on the Official Administrator or on such other persons as the court may think fit.
Interim receiver
61. Where an order is made appointing the Official Receiver to be interim receiver of the property of the debtor, such order shall state the nature and, so far as it is known, the locality of the property of which the Official Receiver is ordered to take possession.
62. Before any such order is made, the person who has made the application therefor shall deposit with the Official Receiver the sum of towards the prescribed fee for the Official Receiver, and such further sum as the court directs for the expenses which may be incurred by him.
$1,000
63. If the sum of $300, and such further sum so to be deposited for the expenses which may be incurred by the Official Receiver, proves to be insufficient, the person on whose application the order has been made shall from time to time deposit with the Official
Page 20Page 21
No comments yet.
Private notes are available after approval.