1977
OF
VERSKY
LAW
LIBRARY
1.
XONG
Proof of Debts Rules
[CAP. 6
PROOF OF DEBTS RULES
(Cap. 6, section 36)
KONG
*
[1st January, 1932.]
PROOF IN ORDINARY CASES
Every creditor shall prove his debt as soon as may be after the making of a receiving order.
2. A debt may be proved by delivering or sending through the post in a prepaid letter to the Official Receiver, or, if a trustee has been appointed, to the trustee, an affidavit verifying the debt.
3. The affidavit may be made by the creditor himself or by some person authorized by or on behalf of the creditor and having knowledge of the facts. If made by a person so authorized, it shall state his authority and means of knowledge.
E 1
[Subsidiary]
10 of 1931. Second Schedule.
4. The affidavit shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated. The Official Receiver or trustee may at any time call for the production of the vouchers. The particulars shall be in the English language.
5. The affidavit shall state whether the creditor is or is not a secured creditor, and if it is found at any time that the affidavit made by or on behalf of a secured creditor has omitted to state that he is a secured creditor, the secured creditor shall surrender his security to the Official Receiver or trustee for the general benefit of the creditors unless the court on application is satisfied that the omission has arisen from inadvertence, and in that case the court may allow the affidavit to be amended upon such terms as to the repayment of any dividends or otherwise as the court may consider just.
6. A creditor shall bear the cost of proving his debt unless the court otherwise specially orders.
Forms 46, 47, 48, Bankruptcy (Forms) Rules.
7. Every creditor who has lodged a proof shall be entitled to see and examine the proofs of other creditors before the first meeting, and at all reasonable times on payment of the prescribed fee.
8. A creditor proving his debt shall deduct therefrom all trade discounts, but he shall not be compelled to deduct any discount, not exceeding 5 per cent on the net amount of his claim, which he may have agreed to allow for payment in cash.
1977
OF
VERSKY
LAW
LIBRARY
1.
XONG
Proof of Debts Rules
[CAP. 6
PROOF OF DEBTS RULES
(Cap. 6, section 36)
KONG
*
[1st January, 1932.]
PROOF IN ORDINARY CASES
Every creditor shall prove his debt as soon as may be after the making of a receiving order.
2. A debt may be proved by delivering or sending through the post in a prepaid letter to the Official Receiver, or, if a trustee has been appointed, to the trustee, an affidavit verifying the debt.
3. The affidavit may be made by the creditor himself or by some person authorized by or on behalf of the creditor and having knowledge of the facts. If made by a person so authorized, it shall state his authority and means of knowledge.
E 1
[Subsidiary]
10 of 1931. Second Schedule.
4. The affidavit shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated. The Official Receiver or trustee may at any time call for the produc- tion of the vouchers. The particulars shall be in the English language.
5. The affidavit shall state whether the creditor is or is not a secured creditor, and if it is found at any time that the affidavit made by or on behalf of a secured creditor has omitted to state that he is a secured creditor, the secured creditor shall surrender his security to the Official Receiver or trustee for the general bene- fit of the creditors unless the court on application is satisfied that the omission has arisen from inadvertence, and in that case the court may allow the affidavit to be amended upon such terms as to the repayment of any dividends or otherwise as the court may consider just.
6. A creditor shall bear the cost of proving his debt unless the court otherwise specially orders.
Forms 46, 47, 48, Bankruptcy (Forms) Rules.
7. Every creditor who has lodged a proof shall be entitled to see and examine the proofs of other creditors before the first meeting, and at all reasonable times on payment of the prescribed fee.
8. A creditor proving his debt shall deduct therefrom all trade discounts, but he shall not be compelled to deduct any dis- count, not exceeding 5 per cent on the net amount of his claim, which he may have agreed to allow for payment in cash.
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