1977 Ed.]
Bankruptcy Rules
[CAP. 6
A 41
[Subsidiary]
(2) Where a debtor is adjudged bankrupt and a trustee is appointed, the Official Receiver shall account to the trustee in the bankruptcy.
(3) The provisions of this Part of these rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shall account in such manner as is provided by the Ordinance or as the court may from time to time direct.
160. The debtor shall on the request of the Official Receiver furnish him with all such accounts and particulars as he may require. If the debtor fails to comply with the requirements of this rule, the Official Receiver shall report such failure to the court and the court shall take such action on such report as the court may think just.
161. (1) Subject to paragraphs (2) and (3), where proceedings are taken against the Official Receiver in respect of anything done or default made by him when acting, or in the bona fide or reasonable belief that he is acting, in pursuance of the Ordinance or in execution of the powers given to the Official Receiver by the Ordinance, the costs, damages and expenses which the Official Receiver may have to pay, or to which he may be put under such proceedings, shall be paid out of the estate of the debtor and not personally.
(2) Where such proceedings are commenced before the appointment of a trustee by the creditors or before the approval of a composition or scheme, the Official Receiver may, before putting the trustee appointed by the creditors, or in the case of a composition or scheme, the debtor in possession of the debtor's property, retain the whole or some part of the debtor's estate to meet any damages, costs or expenses which he may incur in consequence of the proceedings.
(3) Where such proceedings are commenced after the appointment of a trustee, or after the approval of a composition or scheme, the Official Receiver shall forthwith give notice of such proceedings to the trustee or other person in whom the estate of the debtor may be vested (including where appropriate the debtor himself) and as from the date of the notice the estate shall be charged with the payment of the said damages, costs and expenses.
Outside trustees
162. On the appointment of a trustee, notice of his appointment shall forthwith be gazetted by the Official Receiver. Notice of the appointment shall if he considers it necessary be inserted by the Official Receiver in a local paper. The expense of such gazetting and notice shall be borne by the estate.
163. It shall be a sufficient reason for refusing to approve the appointment of a person as trustee that in any other proceedings under the Ordinance such person has either been removed under section 96(2) of the Ordinance from the office of trustee or has
G.N.A. 124/35.
(Cap. 6.)
Accounts of debtor.
R325.
Liability for costs, expenses and damages. S.I. 1932/2113, r. 330. (Cap. 6.)
L.N. 39/76.
Notice of appointment.
R327.
Grounds for refusing to appoint.
R330. (Cap. 6.)
1977 Ed.]
Bankruptcy Rules
[CAP. 6
A 41
[Subsidiary]
(2) Where a debtor is adjudged bankrupt and a trustee is appointed, the Official Receiver shall account to the trustee in the bankruptcy.
(3) The provisions of this Part of these rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shall account in such manner as is provid- ed by the Ordinance or as the court may from time to time direct.
160. The debtor shall on the request of the Official Receiver furnish him with all such accounts and particulars as he may require. If the debtor fails to comply with the requirements of this rule, the Official Receiver shall report such failure to the court and the court shall take such action on such report as the court may think just.
161. (1) Subject to paragraphs (2) and (3), where proceedings are taken against the Official Receiver in respect of anything done or default made by him when acting, or in the bona fide or reasonable belief that he is acting, in pursuance of the Ordinance or in execution of the powers given to the Official Receiver by the Ordinance, the costs, damages and expenses which the Official Receiver may have to pay, or to which he may be put under such proceedings, shall be paid out of the estate of the debtor and not personally.
(2) Where such proceedings are commenced before the appointment of a trustee by the creditors or before the approval of a composition or scheme, the Official Receiver may, before putting the trustee appointed by the creditors, or in the case of a composition or scheme, the debtor in possession of the debtor's property, retain the whole or some part of the debtor's estate to meet any damages, costs or expenses which he may incur in consequence of the proceedings.
(3) Where such proceedings are commenced after the ap- pointment of a trustee, or after the approval of a composition or scheme, the Official Receiver shall forthwith give notice of such proceedings to the trustee or other person in whom the estate of the debtor may be vested (including where appropriate the debtor himself) and as from the date of the notice the estate shall be charged with the payment of the said damages, costs and expenses.
Outside trustees
162. On the appointment of a trustee, notice of his appoint- ment shall forthwith be gazetted by the Official Receiver. Notice of the appointment shall if he considers it necessary be inserted by the Official Receiver in a local paper. The expense of such gazetting and notice shall be borne by the estate.
163. It shall be a sufficient reason for refusing to approve the appointment of a person as trustee that in any other proceedings under the Ordinance such person has either been removed under section 96(2) of the Ordinance from the office of trustee or has
G.N.A. 124/35.
(Cap. 6.)
Accounts of debtor.
R325.
Liability for
costs, expenses and damages. S.I. 1932/2113, r. 330. (Cap. 6.)
L.N. 39/76.
Notice of appointment.
R327.
Grounds for
refusing to appoint.
R330. (Cap. 6.)
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