1964_BANKRUPTCY_RULES — Page 26

A 26

CAP. 6]

[Subsidiary]

Bankruptcy Rules

[1977 Ed.

(Cap. 6.)

Report of

Official Receiver relating to dispensation with public examination. (Cap. 6.) L.N. 39/76.

any person who has been appointed by any court having jurisdic- tion so to do to manage the affairs of or represent the debtor, or by any relative or friend of the debtor who may appear to the court to be a proper person to make the application.

(2) Where the application is made by the Official Receiver, it may be made ex parte and the evidence in support of the application may be given by a report of the Official Receiver to the court, the contents of which report shall be received as prima facie evidence of the matters therein stated.

(3) Where the application is made by some person other than the Official Receiver, it shall be made by motion, of which notice shall be given to the Official Receiver and trustee (if any), and shall, except in the case of a lunatic so found by inquisition, be supported by an affidavit of a medical practitioner as to the physical and mental condition of the debtor.

(4) Where the order is made on the application of the Official Receiver, the expense of holding the examination shall be deemed to be an expense incurred by the Official Receiver within the meaning of section 37 of the Ordinance. Where the application is made by any other person, he shall, before any order is made on the application, deposit with the Official Receiver such sum as the Official Receiver may certify to be necessary for the expenses of the examination.

87A. (1) Where an application is made to the court under section 19A of the Ordinance for an order dispensing with the public examination of the debtor, the Official Receiver shall, in his report, inform the court whether or not-

(a) written notice of his intention to make the application has been given to every creditor who has tendered a proof; and

(b) he has received advice in writing from a majority in value of all the creditors that they oppose the making of the order.

(2) The contents of a report made under paragraph (1) shall be received by the court as prima facie evidence of the matters reported upon.

Discharge

Application.

Forms 81 to 84. L.N. 39/76.

88. (1) A bankrupt intending to apply for his discharge shall (a) file with the Registrar an application for a day to be fixed

for the hearing of his application; and

(b) produce to the Registrar a certificate from the Official Receiver specifying the number of creditors of whom the Official Receiver has notice whether they have proved or not.