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Cap. 6Aactiverule

Bankruptcy Rules

破產規則

Full legislation

s.12

Preparation of order

a bankruptcy order;

Table of Contents

Sections

2AProvisional trustee regarded as trustee
8Records of the court
9Notices to be in writing
10
11Official Receiver or trustee to file copies of advertisements
12Preparation of order
13
14
15
16
17
18
19
20
21
22Application ofsection 125
23Appointment and remuneration of shorthand writer
24Discovery
25Examination undersection 29
26To whom warrants addressed
27Procedure when warrant issued undersection 27of Ordinance
28Procedure when warrant issued undersection 29(2)of Ordinance
29Application to commit
30Notice and hearing of application
31Service of petition, etc.
32Regulations as to costs
32ACosts
33Solicitor’s costs in case of petition by debtor
34Certificate of employment
35Lodgment of bill
36Notice of appointment
37Copy of bill
38Applications for costs
39
40Disallowance of costs of unnecessary petition
41Apportionment of costs in case of partnership
42Costs out of joint and separate estates
43
44Form and content of statutory demand
45Information to be given in statutory demand
46Requirements as to service
47Application to set aside statutory demand
48Hearing of application to set aside
49Proof of service of statutory demand
50Description and address of debtor
51Attestation
51ACopies of documents filed in bankruptcy proceedings to be served on Official Receiver
52Deposit by petitioner
52ADeposits in respect of voluntary arrangements
53Registration of petition in Land Registry
54Registration of petition in Land Registry against partner
55Security for costs
56Verification
57Who to verify
58Joint petitioners
59Service
60Death of debtor before service of petition
61Form and contents of order
62Deposit
63Further deposit necessary
64Repayment of deposit
65Damages if petition dismissed
66Time of hearing
67Several respondents
68Debtor intending to show cause
69Non-appearance of debtor
70Hearing of petition
71Non-appearance of creditor
72Application to withdraw petition
72ADrawing up and contents of bankruptcy order
73Registration of bankruptcy order in Land Registry
74Registration of bankruptcy order in Land Registry against partner
75Service of bankruptcy order
76
77
78Publication of notice of bankruptcy order
79Costs of petition, etc.
79AOfficial Receiver’s costs where proceeds of estate insufficient
80Application to annul bankruptcy order or to stay proceedings thereunder
81How made out
81A
82Extension of time
82AApplication for public examination
82BPreliminary public examination proceedings
83Adjournments sine die
84Application to proceed
85Proceeding after adjournment sine die
86Notice of public examination
87
87A
87BApplication
87CCosts
88Application for suspension of discharge
89Lifting of suspension of discharge
89AApplication for non-commencement order
89BTrustee’s notice of commencement of relevant period
90Application by bankrupt for early discharge
91Report or affidavit of trustee
92Certificate of discharge
93Deferment of issue of order pending appeal
94Costs in respect of discharge
95
96
97
98
99
99AFour clear days’ notice to be given of meeting
99BNotice of meeting to be sent
99CPlace of meeting
99DSummoning of creditors’ meeting
99ESummoning of subsequent meetings
99FChairman
99GEntitlement to vote
99HUnliquidated or contingent debt
99IValue of secured creditor’s security
99JDebt secured by bill of exchange or promissory note
99KCreditor of firm may prove against partner
99LAdmission of proofs
99MVoting
99NForm of proxy
99OProxy forms to be sent to creditors
99PGeneral proxy
99QSpecial proxy
99RTime for lodging proxy
99SSolicitation by trustee
99TProxy to trustee
99UAdjournments
99VQuorum
99WNo quorum present
99XMinutes
99YConflict of interest
99ZExcluded votes
100Notice to bankrupt of meeting to appoint trustee
101Notice of meeting to appoint successive trustee
102
103Non-reception of notice by creditor
104
105Proof of notice
106
107Adjournment
107AResolution passed at adjourned meeting of creditors
108Quorum
109Proving debts
110Employees’ wages
111Production of bills of exchange and promissory notes
112Time for lodging proofs
113Transmission of proofs to trustee
114Time for admission or rejection of proofs by trustee
115Time for admission or rejection of proof by trustee
115ATime prescribed undersection 34(7A)
116Notice of admission of proof
117Appeal from rejection of proof
118Costs of appeals from decisions as to proofs
119
120Signature of proxy
121Filling in when creditor blind, etc.
122Minors not to be proxies
122AIntroductory
122BPreparation of proposal
122CContents of proposal
122DNotice to intended nominee
122EApplication for interim order
122FHearing of application
122GAction to follow making of order
122HStatement of affairs
122IAdditional disclosure for assistance of nominee
122JNominee’s report on proposal
122KReplacement of nominee
122LConsideration of nominee’s report
122MSummoning of creditors’ meeting
122NCreditors’ meeting: supplementary
122OChairman at creditors’ meeting
122PChairman as proxy-holder
122QVoting rights
122RRequisite majorities
122SProceedings to obtain agreement on proposal
122TResolutions after voluntary arrangement approved
122UHand-over of property, etc. to nominee
122VReport of creditors’ meeting
122WRegister of voluntary arrangements
122XReports to Official Receiver
122YRevocation or suspension of arrangement
122ZResolutions by post
123Notice of intended dividend
124Production of bills, notes, etc.
125Dividend may be sent by post
126Payment of dividends to a nominee
127Form of register
128Application for income payments order
128AAction to follow making of order
128BVariation of order
128COrder to payer of income: administration
128DReview of order
129Review of order
130Disclaimer of lease
131Public officer or agent of company, etc.
132Attestation of firm signature
133Debtor’s petition by firm
134Creditor’s petition by firm
135Creditor’s petition against firm
136Petition by limited partnership
136APetition by limited partnership fund
137Statement of affairs
138General meeting of creditors to appoint trustee
139Acceptance of voluntary arrangements by joint and separate creditors
140Voting on voluntary arrangements
141Bankruptcy order, trustee
142Separate firms
143Lunatics
144Verification of petition
145Deposit
146Publication of administration order
147Service
148Duties of executor, etc.
149Meetings of creditors, trustees, etc.
149AAdministration of small bankruptcies
150Duties as to bankrupt’s statement of affairs
151Subsistence allowance to bankrupt
152Special report as to person employed to assist bankrupt
153Use of proxies by deputy
154
155Removal of special manager
156Mode of application to court
157Evidence on application by Official Receiver
158Application for directions
158ANo expenses to be incurred where no assets
159Accounting by Official Receiver
159AAccounting by provisional trustee
160Accounts of bankrupt
161Liability for costs, expenses and damages
162Notice of appointment
163Grounds for refusing to appoint
163ATrustee to provide information to Official Receiver
164Removal for failing to keep up or increase security
165Removal by court
166Notice of resignation
167Limit of remuneration
168Trustee carrying on business
169Application for release
170
171Delivery of books, etc., on release of trustee
172Meeting to consider removal of trustee
173Bank account
174Application for directions
175Creditor may obtain copy of trustee’s accounts
176Statements of accounts to be provided to creditors
177Dealings by committee-members and others
178
179Discharge of costs, etc., before estate handed over to trustee
180Meetings of creditors to consider conduct of trustee
181
182Accounts
183Standing security to Official Receiver
184Publishing notices
185Republication of order or matter
186Publishing notice of annulment of order already gazetted or published by specified means
187Record of minutes, etc.
188Cash book
189Books to be submitted to creditors’ committee
190Audit of cash book
191Official Receiver’s audit of trustee’s accounts
192Accounts to be filed
193
194Proceedings on resignation, etc., of trustee
195Joint and separate estates accounts
196Expenses of sale
197Allowance to debtor
198Application for payment out by party entitled
199Accounts by trustees of unclaimed funds
200Falsification of documents
201No lien on bankrupt’s books
202Disposal of books etc.
203Non-compliance with rules
204Abridgment or enlargement of time
205Official Administrator
11.
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55.
66.
77.

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