1977 Ed.]
Bankruptcy Rules
[CAP. 6
A 25
[Subsidiary]
82. Where any debtor requires any extension of the time for the filing by him of his statement of affairs, he shall apply to the Official Receiver, who may, if he thinks fit, give a written certificate extending such time, which certificate shall be filed and shall render an application to the court under section 18 of the Ordinance unnecessary.
Extension of time. R190. (Cap. 6.)
Public examination
83. Where the court is of opinion that a debtor is failing to disclose his affairs or where the debtor has failed to attend the public examination or any adjournment thereof or where the debtor has not complied with any order of the court in relation to his accounts, conduct, dealings and property and no good cause is shown by him for such failure, the court may forthwith commit the debtor for contempt of court or may adjourn the public examination sine die, and may make such further or other order as the court thinks fit.
84. The court may on the application either of the Official Receiver or of the debtor appoint a day for proceeding with a public examination which has been adjourned sine die.
85. Where an examination has been adjourned sine die and the debtor desires to have a day appointed for proceeding with his public examination, the expense of gazetting, advertising and giving notice to creditors of the day to be appointed for proceeding with such examination shall, unless the Official Receiver or trustee, as the case may be, consents to the costs being paid out of the estate, be at the cost of the debtor, who shall, before any day is appointed for proceeding with the public examination, deposit with the Official Receiver such sum as the Official Receiver may think sufficient to defray the expense aforesaid. The balance of the deposit after defraying the expense aforesaid shall be returned to the debtor.
86. In any case in which a public examination has been adjourned sine die and the court afterwards makes an order for proceeding with such public examination, notice to creditors of the time and place appointed for proceeding with such public examination shall be sent by the Official Receiver, and notice shall also be inserted in the Gazette and in the local paper (if any) in which the notice of the first holding of the public examination was inserted, 7 days before the day appointed.
87. (1) An application for an order dispensing with the public examination of a debtor, or directing that the debtor be examined in some manner or at some place other than is usual, on the ground that the debtor is a lunatic or suffers from mental or physical affliction or disability rendering him unfit to attend a public examination, may be made by the Official Receiver or by
Adjournments sine die. R195.
Application to proceed. R196.
Proceeding after adjournment sine die. R197.
Notice of proceeding after adjournment sine die. R198. Form 54.
Public examination of debtor who is a lunatic, etc. R199. Forms 60, 61.
Page 25
Page 26
1977 Ed.]
Bankruptcy Rules
[CAP. 6
A 25
[Subsidiary]
82. Where any debtor requires any extension of the time for the filing by him of his statement of affairs, he shall apply to the Official Receiver, who may, if he thinks fit, give a written certificate extending such time, which certificate shall be filed and shall render an application to the court under section 18 of the Ordinance unnecessary.
Extension of
time.
R190.
(Cap. 6.)
Public examination
83. Where the court is of opinion that a debtor is failing to disclose his affairs or where the debtor has failed to attend the public examination or any adjournment thereof or where the debtor has not complied with any order of the court in relation to his accounts, conduct, dealings and property and no good cause is shown by him for such failure, the court may forthwith commit the debtor for contempt of court or may adjourn the public examination sine die, and may make such further or other order as the court thinks fit.
84. The court may on the application either of the Official Receiver or of the debtor appoint a day for proceeding with a public examination which has been adjourned sine die.
85. Where an examination has been adjourned sine die and the debtor desires to have a day appointed for proceeding with his public examination, the expense of gazetting, advertising and giving notice to creditors of the day to be appointed for proceed- ing with such examination shall, unless the Official Receiver or trustee, as the case may be, consents to the costs being paid out of the estate, be at the cost of the debtor, who shall, before any day is appointed for proceeding with the public examination, deposit with the Official Receiver such sum as the Official Receiver may think sufficient to defray the expense aforesaid. The balance of the deposit after defraying the expense aforesaid shall be returned to the debtor.
86. In any case in which a public examination has been adjourned sine die and the court afterwards makes an order for proceeding with such public examination, notice to creditors of the time and place appointed for proceeding with such public examination shall be sent by the Official Receiver, and notice shall also be inserted in the Gazette and in the local paper (if any) in which the notice of the first holding of the public examination was inserted, 7 days before the day appointed.
87. (1) An application for an order dispensing with the public examination of a debtor, or directing that the debtor be examined in some manner or at some place other than is usual, on the ground that the debtor is a lunatic or suffers from mental or physical affliction or disability rendering him unfit to attend a public examination, may be made by the Official Receiver or by
Adjournments sine die.
R195.
Application to proceed. R196.
Proceeding after adjournment sine die.
R197.
Notice of proceeding after adjournment sine die.
R198. Form 54.
Public examina- tion of debtor who is a lunatic, etc. R 199. Forms 60, 61.
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