Bankruptcy Rules
Table of Contents
Part I PRELIMINARY
1 Citation
2 Definitions
Part II COURT PROCEDURE
Court and chambers
3 Hearing of applications
4 Adjournment from Registrar to Judge
5 Adjournment from chambers to court and vice versa
Proceedings
6 Title of proceedings
7 Court records
8 Notices to be in writing
9 Proof of posting of notice by Official Assignee
10 Filing, gazetting, etc.
Applications and practice
11 Applications to be made by summons-in-chambers
12 Service of application
13 Length of notice
14 Notice not served on all proper parties
15 Adjournment
16 Personal service
Affidavits
17 Use of affidavit evidence
18 Filing and service of affidavits
19 Affidavit filed out of time
20 Scandalous matter
Security in court
21 Form of security
Witnesses and depositions
22 Subpoena
23 Service of subpoena
24 Costs of witnesses
25 Order for examination
26 Letters of request
27 Production of documents
28 Disobedience to order
Warrants, arrests and commitments
29 Address of warrants
30 Warrant under section 9 of Act
31 Warrant under section 83 (12) of Act
32 Warrant under section 108 (3) of Act
33 Application to commit
34 Notice and hearing of application
35 Suspension of issue of committal order
Service and execution of process
36 Service on solicitor
37 Time of service
38 Service out of jurisdiction
39 Officers to effect service
40 Service by post
41 Enforcement of orders
Appeals
42 Procedure on appeal
Part III OFFICIAL ASSIGNEE
43 Subsistence allowance to bankrupt and his family
44 Use of proxies by Official Assignee
45 Removal of special manager
46 Mode of application to court
Report of Official Assignee
47 Evidence on application by Official Assignee
48 Official Assignee’s reports to be prima facie evidence
49 Application for directions
50 No expenses to be incurred where no available assets
51 Trading account of bankrupt
52 Liability for costs, expenses and damages
Part IV TRUSTEE IN BANKRUPTCY
53 Application for appointment of trustee
54 Provisions as to security
55 Report of trustee
56 Payment by trustee to Bankruptcy Estates Account
57 Trustee to notify Official Assignee of constitution of creditors’ committee
58 Factors to be considered in determining trustee’s remuneration
59 Notice for removal of trustee by creditors’ meeting
60 Removal of trustee by court
61 Service of order
62 Costs of application
63 Resignation of trustee
64 Trustee’s duty upon vacating office
65 Discharge of security
66 Powers of court
Part V VOLUNTARY ARRANGEMENTS
Proposal for voluntary arrangement
67 Preparation of proposal
68 Contents of proposal
69 Amendment of proposal
70 Notice of proposal
Interim order
71 Application for interim order
72 Persons who may appear at hearing of application for interim order
73 Court to fix date for consideration of nominee’s report
74 Action to follow making of order
Preparation of nominee’s report
75 Debtor to furnish nominee with statement of affairs
76 Additional disclosure for assistance of nominee
77 Access to accounts and reports
78 Nominee’s report on proposal
79 Replacement of nominee
Action on proposal
80 Consideration of nominee’s report
81 Summoning of creditors’ meeting
82 Nominee to be chairman of meeting
83 Chairman of meeting as proxy-holder
84 Entitlement to vote
85 Requisite majorities
86 Adjournments
87 Debtor to put nominee in possession of assets
88 Chairman to prepare report
89 Notice of results of creditors’ meeting
Procedure for review of meeting’s decision
90 Application for review
91 Nominee’s accounts and reports
92 Fees, costs, charges and expenses of voluntary arrangement
Completion of arrangement
93 Nominee to send notice
Part VI PROCEEDINGS IN BANKRUPTCY
Statutory demand
94 Form and contents of statutory demand
95 Information to be given in statutory demand
96 Requirements as to service
97 Application to set aside statutory demand
98 Hearing of application to set aside statutory demand
Creditor’s petition
99 Form of creditor’s petition
100 Identification of debtor
101 Identification of debt
102 Petition based on statutory demand
103 Petition presented pursuant to section 62 (b) of Act
104 Grounds of petition
105 Deposit payable to Official Assignee
106 Verification of petition
107 Date and time of hearing
108 Proof of service of statutory demand
Service of creditor’s petition
109 Personal service
110 Substituted service
111 Service on Official Assignee
112 Service on nominee
113 Death of debtor before service
114 Proof of service of petition
Hearing of creditor’s petition
115 Hearing of petition
116 Parties who may be heard
117 Where there are several respondents
118 Petition by moneylender
119 Petition opposed by debtor
120 Non-appearance of creditor or lack of prosecution of petition
121 Postponement of hearing of petition where it has not been served
122 Adjournment of hearing of petition for other reasons
123 Substitution of petitioner
124 Petition to be amended
125 Deposit payable upon substitution of petitioning creditor
126 Decision on hearing of petition
127 Dismissal of petition
Actions to follow upon making of bankruptcy order on creditor’s petition
128 Settlement and contents of bankruptcy order
129 Service of bankruptcy order
130 Gazetting of order
131 Advertisement of order
132 Stay of bankruptcy order
133 Amendment of title of proceedings
Debtor’s petition
134 Form of petition
135 Admission of insolvency
136 Verification of petition
137 Statement of affairs
138 Procedure for presentation and filing of debtor’s petition
139 Service of petition
140 Hearing of petition
141 Settlement and contents of bankruptcy order
Actions to follow upon making of bankruptcy order on debtor’s petition
142 Service of bankruptcy order
143 Gazetting of order
144 Advertisement of order
145 Stay of bankruptcy order
146 Amendment of title of proceedings
Interim receiver
147 Appointment of interim receiver
148 Deposit
149 Repayment of deposit
150 Damages on dismissal of petition
Part VII BANKRUPTCY ADMINISTRATION
Creditors’ meeting
151 Meetings summoned by Official Assignee or trustee
152 Meetings summoned by court
153 Creditors’ committee
154 Non-receipt of notice by creditor
155 Chairman of meeting
156 Costs of creditors’ meeting
157 Quorum
158 Adjournment
159 Proxies
160 Where creditor is blind or incapable of writing
161 Use of proxies
162 Retention of proxies
163 Proxy-holder with financial interest
164 Entitlement to vote
165 Admission and rejection of proofs
166 Record of proceedings
Statements of affairs
167 Submission and filing
168 Extension of time to file statement of affairs, etc.
Examination of bankrupt and others
169 Examination under section 83 (1) of Act
170 Notice to parties
171 General proxy-holders may question bankrupt, etc.
172 Costs of examination
Settlement of list of debtors to estate
173 Settled list of debtors to estate
Procedure for proving debts
174 Manner and contents of proof
175 Workmen’s wages
176 Moneylender’s proof
177 Cost of proving
178 Time for lodging proofs
179 Inspection of proofs
Quantification of claim
180 Discounts
181 Debt in foreign currency
182 Periodical payments
183 Proofs in respect of distinct contracts
184 Claim for interest where not previously agreed
185 Rate of interest payable
186 Debt payable at a future time
Secured creditors
187 Secured creditors
188 Surrender for non-disclosure
189 Valuation of security
190 Amendment of valuation
191 Realisation of security
192 Failure to comply
193 Maximum amount receivable by creditor
Taking accounts of property mortgaged and sale thereof
194 Person claiming to be mortgagee
195 Application of proceeds of sale
196 Interrogatories, etc.
Admission and rejection of proofs
197 Adjudication and notice to creditor
198 Appeal against decision on proof
199 Withdrawal or variation of proof
200 Expunging of proof by Official Assignee or trustee
201 Expunging of proof by court
202 Official Assignee may administer oaths
Approval of composition or scheme
203 Acceptance of composition or scheme by joint and separate creditors
204 Voting on composition or scheme by firm and by individual partners
205 Forms in respect of proposal and terms of resolution
206 Notice to Official Assignee or trustee
207 Notice to creditors
208 Official Assignee’s or trustee’s report and appearance
209 Restriction on approval of composition or scheme
210 Bankrupt’s costs
211 Appeal
212 Notice to be gazetted
213 Fee on application
214 Correction of errors and omissions
215 Proceedings upon approval
216 Effect of annulment of composition or scheme
217 Provision for disputed claims
218 Proofs of debts in composition or scheme
Appropriation of pay, salary, pensions, etc.
219 Application for appropriation order
220 Notice of order made under section 109 of Act
221 Review of order
Disclaimer of lease
222 Disclaimer of lease without leave
Disputed title to property
223 Claims to property in hands of Official Assignee or trustee to be determined summarily
224 Summons to be issued by Registrar
Special manager
225 Remuneration of special manager
226 Accounts
Security by special manager
227 Mode of giving security
228 Removal of special manager
Distribution of dividends
229 Notice of intended dividend
230 Appeal after notification of intended dividend
231 Declaration of dividend
232 Production of bills of exchange, etc.
233 Dividend sent by post
234 Separate firms
Part VIII ANNULMENT AND DISCHARGE
235 Application for discharge made by persons other than Official Assignee
236 Application for discharge by Official Assignee
237 Notice of hearing
238 Costs of application
239 Annulment of orders and discharges by court to be gazetted by Registrar
240 Deferment of issue of order pending appeal
241 Appeal
242 Accounts of after-acquired property
243 Application for modification of order
244 Discharge by certificate of Official Assignee
Part IX COSTS AND TAXATION
245 Award of costs
246 Filing of orders
247 Taxation of costs
248 Neglect or delay in taxation
249 Scales of costs and charges
250 Solicitor’s costs in case of debtor’s petition
251 Costs paid otherwise than out of estate
252 Filing of bills and issue of allocatur
253 Where allocatur is lost, etc.
254 Certificate of employment of solicitor by trustee
255 Sheriff’s costs
256 Taxation of Sheriff’s costs after deduction
257 Lodgment of bills
258 Notice of appointment to tax
259 Application for costs
260 Review of taxation
261 Disallowance of costs of unnecessary petition
262 Apportionment of costs in case of partnership
Part X MISCELLANEOUS PROVISIONS
Administration of estates of deceased insolvent
263 Form of petition
264 Deposit by petitioner
265 Service of petition
266 Proof of service and hearing of petition
267 Notification of administration order in Gazette
268 Duties of executor, etc.
269 Executor de son tort
Persons of unsound mind
270 Appointment of representative
271 Application by bankrupt for leave to act as director, etc.
272 Publications of notifications
Registers
273 Registers to be kept by Registrar
274 Inspection of registers
Accounts and audit
275 Advances to Official Assignee
276 Expenses of sale
277 Disposal of bankrupt’s books and papers
278 Non-compliance with Rules
279 Savings and transitional
THE SCHEDULE
Legislative History