1.
Citation
These rules may be cited as the Bankruptcy (Forms) Rules.
2.
Use of forms in Schedule
(1)
Subject to the provisions of paragraph (2), the forms in the Schedule where applicable, and where they are not applicable forms of the like character, with such variations as circumstances may require, shall be used. Where such forms are applicable, any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same, unless the court otherwise directs.
(2)
The Chief Justice may from time to time amend any form in the
Schedule or prescribe any new form. Where the Chief Justice amends
any form or prescribes any new form, such amended or new form shall be published in
the Gazette.
Schedule
Forms
Index
| Form | ||
|
Accounts:
|
||
| Affidavit verifying trustee’s trading account | 149 | |
| Affidavit verifying special manager’s account | 151 | |
| Certificate by Creditors’ committee as to audit of trustee’s account | 145 | |
| Profit and loss account | 148 | |
| Statement of accounts under section 88 | 150 | |
| Transfer from separate estate to joint estate | 154 | |
| Trustee’s trading account | 147 | |
|
Action:
|
||
| Order restraining before bankruptcy order | 24 | |
|
Advertisement:
|
||
| Memorandum of advertisement | 170 | |
| Of day for proceeding with public examination | 54 | |
| Of bankruptcy order, etc. | 27 | |
|
Allocatur:
|
||
| For costs of debtor’s petition | 144 | |
|
Bankruptcy
Order:
|
||
| Application to annul | 79 | |
| Notice etc. | 27 | |
| Order annulling | 80 | |
| Order on creditor’s petition | 26 | |
| Order on debtor’s petition | 25 | |
|
Bond on stay of
proceedings:
|
||
| Affidavit of justification | 21 | |
| Form | 19 | |
| Notice of sureties | 20 | |
|
Book debts:
|
||
| Register of assignment of | 117 | |
|
Committal:
|
||
| Affidavit in support of application for committal of bankrupt under section 26 or 55 | 96 | |
| Affidavit of non-compliance with order of court | 104 | |
| Affidavit of trustee under section 53(5) | 97 | |
| Application by trustee for committal of bankrupt or other person | 94 | |
| Notice of application for committal under section 110 | 98 | |
| Notice of application for committal under section 26 | 99 | |
| Notice of application for committal under section 53(5) | 100 | |
| Order of committal under section 110 | 101 | |
| Order of committal under section 26 | 102 | |
| Order of committal under section 53(5) | 103 | |
| Order for discharge from custody on contempt | 106 | |
| Order for production of person in prison for examination before the court | 107 | |
| Warrant of committal for contempt | 105 | |
|
Debt:
|
||
| Admission of debt | 113 | |
| Order to pay debt | 114 | |
|
Deceased
debtor:
|
||
| Petition by creditor (section 112) | 134 | |
| Petition by legal personal representative (section 112) | 135 | |
| Order for administration of estate on petition | 136 | |
|
Directions:
|
||
| Application for by trustee | 131 | |
| Order on application by trustee | 132 | |
|
Discharge:
|
||
| Application by bankrupt under section 30A(7) of the Bankruptcy Ordinance for lifting a suspension of the running of the relevant period for discharge | 85 | |
| Application for early discharge under section 30B(1) of the Bankruptcy Ordinance | 84 | |
| Certificate of discharge | 88 | |
| Certificate that order suspending discharge has been lifted | 87 | |
| Notice of intention to object to bankrupt’s discharge under section 30A(4) of the Bankruptcy Ordinance | 82 | |
| Notice to creditors by trustee under section 30A(5) of the Bankruptcy Ordinance | 83 | |
| Order of suspension of discharge under section 30A(3) of the Bankruptcy Ordinance | 81 | |
| Order of court lifting suspension of discharge | 86 | |
|
Disclaimer:
|
||
| Notice of disclaimer without leave of court | 128 | |
| Notice of disclaimer with leave of court | 129 | |
| Notice to landlord of intention to disclaim lease not sublet or mortgaged | 123 | |
| Notice of intention to disclaim lease sublet or mortgaged | 124 | |
| Notice by landlord or other person requiring trustee to bring disclaimer before court | 130 | |
| Of lease after notice | 126 | |
| Of lease with leave of court | 127 | |
| Without notice | 125 | |
|
Dividend:
|
||
| Application by creditor for order for trustee to pay and order thereon | 142 | |
| Notice to creditors of intention to declare | 138 | |
| Notice to persons claiming to be creditors of intention to declare final dividend | 139 | |
| Notice of dividend | 141 | |
|
Examination:
|
||
| Shorthand writer, appointment of | 55 | |
| Shorthand writer, declaration by | 56 | |
| Summons under section 29 | 112 | |
|
Publication
in newspaper:
|
||
| Substituted service of petition | 15 | |
|
Interim
trustee:
|
||
| Application for order thereon | 13 | |
|
Letters, etc.:
|
||
| Order for re-direction (section 28) | 111 | |
|
Meetings:
|
||
|
General
meeting:
|
||
| Affidavit of postage of notices | 33 | |
| Certificate of postage of notices | 34 | |
| List of creditors assembled at | 45 | |
| Memorandum of adjournment | 37 | |
| Memorandum of proceedings at adjourned general meeting: no quorum | 38 | |
| Notice to creditors of general meeting of creditors | 29 | |
| Notice to creditors of adjourned meeting | 32 | |
| Notice to bankrupt to attend | 35 | |
|
Other
meetings:
|
||
| List of creditors assembled at | 45 | |
| Memorandum of adjournment | 37 | |
| Notice (general form) | 40 | |
| Notice of, to appoint new trustee | 44 | |
| Notice to creditors of adjourned meeting | 32 | |
| Notice to creditors to remove trustee and to fill vacancy | 43 | |
| Order of court for general meeting of creditors | 39 | |
|
Non-commencement
Order:
|
||
| Notice of commencement of relevant period for bankrupt under section 30AC(3)(a) of Bankruptcy Ordinance | 82B | |
| Order for non-commencement of relevant period for bankrupt under section 30AC(1) of Bankruptcy Ordinance | 82A | |
|
Petition:
|
||
| Adjournment of | 22 | |
| Affidavit of justification | 21 | |
| Affidavit of service | 14 | |
| Affidavit of truth of statements in petition | 11 | |
| Affidavit of truth of statements in joint petition | 12 | |
| Allocatur for costs of debtor’s petition | 144 | |
| Bond on stay of proceedings, security, etc. | 19 | |
| Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately | 10 | |
| Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date | 10A | |
| Creditor’s bankruptcy petition where execution or other process on a judgment has been returned in whole or part | 10B | |
| Bankruptcy petition for default in connection with voluntary arrangement | 10C | |
| Creditor’s petition (section 112) | 134 | |
| Criminal bankruptcy petition | 10D | |
| Debtor’s bankruptcy petition | 3 | |
| Dismissal of | 23 | |
| Legal personal representative’s petition (section 112) | 135 | |
| Notice by debtor of intention to oppose | 17 | |
| Notice of sureties | 20 | |
| Notice in newspaper of substituted service | 15 | |
| Order for substituted service | 16 | |
| Order to stay proceedings on | 18 | |
|
Postage of
notices:
|
||
| Affidavit of (general meeting) | 33 | |
| Certificate of (general meeting) | 34 | |
|
Production of
documents:
|
||
| Order under section 30D(1) of the Bankruptcy Ordinance | 157 | |
| Order under section 30D(3) of the Bankruptcy Ordinance | 158 | |
| Application for order under section 30D(3) of the Bankruptcy Ordinance | 159 | |
| Application for order under section 30D(1) of the Bankruptcy Ordinance | 160 | |
|
Proof:
|
||
| Affidavit of | 46B | |
| By trustee in prior bankruptcy | 47 | |
| Form of | 46A | |
| Form of, for debt of employees | 48 | |
| Notice of rejection | 49 | |
|
Proxies:
|
||
| General | 50 | |
| Special | 51 | |
|
Public
examination:
|
||
| Application by Official Receiver or trustee for order fixing | 52 | |
| Appointment of shorthand writer | 55 | |
| Declaration by shorthand writer | 56 | |
| Memorandum of | 62 | |
| Notes of shorthand writer if appointed | 57 | |
| Notes where shorthand writer not appointed | 58 | |
| Notice of day for proceeding with | 54 | |
| Order appointing time for | 53 | |
| Order of adjournment | 59 | |
| Order that examination concluded | 63 | |
|
Register:
|
||
| Of assignment of book debts | 117 | |
|
Release:
|
||
| Application by trustee for | 153 | |
| Notice to creditors of intention to apply for | 152 | |
| Statement to accompany application for release | 137 | |
|
Request:
|
||
| To deliver bill for taxation | 143 | |
|
Salary or
income:
|
||
| Notice of application for income payment order (section 43E) | 118 | |
| Order for income claimed under section 43E(3)(a) of the Bankruptcy Ordinance | 120 | |
| Order for income claimed under section 43E(3)(b) of the Bankruptcy Ordinance | 121 | |
|
Shorthand
writer:
|
||
| Appointment of | 55 | |
| Declaration by | 56 | |
|
Special
manager:
|
||
| Affidavit by | 151 | |
|
Statement:
|
||
| Of affairs for a person who does not carry on business | 28A | |
| Of affairs for a person who carries on business | 28B | |
| Statement of Affairs (debtor’s petition) | 28C | |
| Of accounts under section 88 | 150 | |
| To accompany application for release | 137 | |
|
Statutory
Demand:
|
||
| Application to set aside a statutory demand | 155 | |
| Order setting aside a statutory demand | 156 | |
| Affidavit in support of application to set aside statutory demand | 161 | |
| Statutory Demand—Debt for liquidated sum payable immediately following a judgment or order of the court | 162 | |
| Statutory Demand—Debt for liquidated sum payable immediately | 163 | |
| Statutory Demand—Debt payable at future date | 164 | |
|
Subpoena:
|
||
| Summons under section 29 | 112 | |
|
Taxation:
|
||
| Allocatur for costs of debtor’s petition | 144 | |
| Request to deliver bill for | 143 | |
|
Title:
|
||
| General title | 1 | |
|
Voluntary
Arrangement:
|
||
| Affidavit in support of application for interim order | 166 | |
| Application for interim order | 165 | |
| Alternative orders to be made at hearing to consider chairman’s report | 67 | |
| Interim order of court under section 20 of the Bankruptcy Ordinance | 65 | |
| Interim order of court under section 20 of the Bankruptcy Ordinance—One-stage procedure | 168 | |
| Notice to intended nominee | 167 | |
| Order granting stay pending hearing of application for interim order | 64 | |
| Order extending effect of interim order | 66 | |
| Proxy (individual voluntary arrangement) | 169 | |
|
Warrant:
|
||
| Against debtor about to quit Hong Kong, etc. | 110 | |
| Of committal for contempt | 105 | |
| Of seizure | 109 | |
| Order for production for examination of person apprehended under warrant under section 29 | 116 | |
| Search warrant | 108 | |
| To apprehended persons summoned under section 29 | 115 | |
Forms
|
Form 1
[rule 7]
|
|||
|
General TitleIn
the Court of First Instance of Hong
Kong
In
Bankruptcy
No. of .
|
|||
|
Re [James Brown].
|
|||
|
Ex parte [here insert the
Debtor, or J.S., a
Creditor, or the
Official Receiver, or the Trustee]
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form
2
(Repealed L.N. 81 of
1998)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 3
[rule 50]
|
|||
|
Debtor’s Bankruptcy Petition(Title)
|
|||
|
(a) Insert full name(s), address(es), occupation, trade or
profession and Hong Kong Identity Card No. (if any) or number and
issuing country of any passport of debtor.
(b) Insert in full any other name(s) by which the debtor is or
has been known.
|
I, (a) | ||
| , | |||
| [also known as (b) | |||
| ] | |||
| (c) Insert former address or addresses at which the debtor may have incurred debts or liabilities still unpaid or unsatisfied. | [and lately residing at (c) | ||
| ] | |||
| (d) Insert trading name (adding “with another or others”, if this is so), business address and nature of business. | [and carrying on business as (d) | ||
| ] | |||
| (e) Insert any former trading name(s) (adding “with another or others”, if this is so), business address(es) and nature of the business in respect of which the debtor may have incurred debts or liabilities still unpaid or unsatisfied. | [and lately carrying on business as (e) | ||
| ] | |||
|
request the court that a
bankruptcy order be made against me and say as follows—
|
|||
| (f) Delete as applicable. | 1. I am domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/have within 3 years immediately preceding the presentation of this petition (f) [resided at] [carried on business at] | ||
|
within Hong Kong.
2. I am unable to pay my debts.
3. A statement of my affairs is filed with this petition.
Dated
this day of .
|
|||
| Signature of witness________________ | |||
|
ENDORSEMENT
|
|||
| Complete only if petition not heard immediately. |
This petition
having been presented to the court on ________________ , it is ordered
that the petition shall be heard as follows—
|
||
| Date | |||
|
Time _______________________ hours
|
|||
| Place | |||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Forms 4 —
9
(Repealed L.N. 81 of
1998)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 10
[rule 50]
|
|||
|
Creditor’s Bankruptcy Petition on Failure to
Comply with a Statutory Demand for a Liquidated Sum Payable Immediately(Title) |
|||
|
(a) Insert full name(s) and address(es) of petitioner(s).
|
I/We, (a) | ||
| , | |||
|
(b) Insert full name, place of residence, occupation (if any),
Hong Kong Identity Card No. (if any) or number and issuing country of
any passport of debtor (if known).
|
petition the court that a bankruptcy order may be made against (b) | ||
| [also known as (c) | |||
| ] | |||
|
(c) Insert in full any other name(s) by which the debtor is or
has been known.
(d) Insert trading name (adding “with another or others”, if this
is so), business address and nature of business.
|
[and carrying on business as (d) | ||
| ] | |||
| [and lately residing at (e) | |||
|
(e) Insert any other address or addresses at which the debtor has
resided at or after the time the petition debt was incurred.
|
|||
| ] | |||
| [and lately carrying on business as (f) | |||
|
(f) Give the same details as specified in note (d) above for any
other businesses which have been carried on at or after the time the
petition debt was incurred.
(g) Delete as applicable.
|
|||
| ] | |||
| and say as follows— | |||
| 1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/has within 3 years immediately preceding the presentation of this petition (g) [resided at] [carried on business at] | |||
| within Hong Kong. | |||
|
(h) Please give the amount of debt(s), what they relate to and
when they were incurred. Please show separately the amount or rate of
any interest or other charge not previously notified to the debtor and
the reasons why you are claiming it.
|
2. The debtor is justly and truly indebted to me[us] in the
aggregate sum of $(h) _____________.
3. The above-mentioned debt is for a liquidated sum payable
immediately and the debtor appears to be unable to pay it.
4. On (i) ________________ a statutory demand was served upon
the debtor by (j) __________________ in respect of the above-mentioned
debt. To the best of my/our knowledge and belief the demand has neither
been complied with nor set aside in accordance with the Rules and no
application to set it aside is outstanding.
|
||
|
(i) Insert date of service of a statutory demand.
(j) State manner of service of the demand.
(k) If 3 weeks have not elapsed since service of statutory demand
give reasons for earlier presentation of petition.
(l) Delete as applicable.
|
(k)
5. I/We do not, nor does any person on my/our behalf, hold any
security on the debtor’s estate, or any part thereof, for the payment of
the above-mentioned sum.
or,
I/We hold
security for the payment of (l) [part of] the above-mentioned sum. I/We
will give up such security for the benefit of all the creditors in the
event of a bankruptcy order being made.
or,
I/We hold
security for the payment of part of the above-mentioned sum and I/we
estimate the value of such security to be $ . This petition is not made in respect of the secured part of
my/our debt.
|
||
|
ENDORSEMENT
|
|||
|
This petition
having been presented to the court on ________________, it is ordered
that the petition shall be heard as follows—
|
|||
| Date | |||
|
Time _____________________ hours
|
|||
| Place | |||
|
(m) Insert name of debtor.
|
and you, the above-named (m)
___________________ are to take notice that if you intend to show cause
against the petition you must file with the Official Receiver a notice
showing the grounds upon which you intend to show cause, and post a copy
of the notice to the petitioner or his solicitor, in each case 3 days
before the day on which the petition is to be heard.
|
||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 10A
[rule 50]
|
|||
|
Creditor’s Bankruptcy Petition on Failure to
Comply with a Statutory Demand for a Liquidated Sum Payable at a Future Date(Title) |
|||
|
(a) Insert full name(s) and address(es) of petitioner(s).
|
I/We, (a) | ||
| , | |||
|
(b) Insert full name, place of residence, occupation (if any),
Hong Kong Identity Card No. (if any) or number and issuing country of
any passport of debtor (if known).
(c) Insert in full any other name(s) by which the debtor is or
has been known.
(d) Insert trading name (adding “with another or others”, if this
is so), business address and nature of business.
|
petition the court that a bankruptcy order may be made against (b) | ||
| [also known as (c) | |||
| ] | |||
| [and carrying on business as (d) | |||
| ] | |||
| [and lately residing at (e) | |||
|
(e) Insert any other address or addresses at which the debtor has
resided at or after the time the petition debt was incurred.
(f) Give the same details as specified in note (d) above for any
other businesses which have been carried on at or after the time the
petition debt was incurred.
|
|||
| ] | |||
| [and lately carrying on business as (f) | |||
| ] | |||
| and say as follows— | |||
| 1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/has within 3 years immediately preceding the presentation of this petition (g) | |||
|
(g) Delete as applicable.
|
[resided at] [carried on business at] | ||
|
within Hong Kong.
|
|||
|
(h) Please give the amount of debt(s), what they relate to and
when they were incurred. Please show separately the amount or rate of
any interest or other charge not previously notified to the debtor and
the reasons why you are claiming it.
(i) Insert date or dates when the debt becomes payable.
(j) Insert date of service of statutory demand.
(k) State manner of service of the demand.
(l) If 3 weeks have not elapsed since service of statutory demand
give reasons for earlier presentation of petition.
(m) Delete as applicable.
|
2. The debtor is justly and truly indebted to me[us] in the
aggregate sum of $(h) __________.
3. The above-mentioned debt is for a liquidated sum payable on
(i) ________________ and the debtor appears to have no reasonable
prospect of being able to pay it.
4. On (j) ________________ a statutory demand was served upon
the debtor by (k) _________________ in respect of the above-mentioned
debt. To the best of my/our knowledge and belief the demand has neither
been complied with nor set aside in accordance with the Rules and no
application to set it aside is outstanding.
(l)
5. I/We do not, nor does any person on my/our behalf, hold any
security on the debtor’s estate, or any part thereof, for the payment of
the above-mentioned sum.
or,
I/We hold
security for the payment of (m) [part of] the above-mentioned sum. I/We
will give up such security for the benefit of all the creditors in the
event of a bankruptcy order being made.
or,
I/We hold
security for the payment of part of the above-mentioned sum and I/we
estimate the value of such security to be $ . This petition is not made in respect of the secured part of
my/our debt.
|
||
|
ENDORSEMENT
|
|||
|
This petition
having been presented to the court on ________________, it is ordered
that the petition shall be heard as follows—
|
|||
| Date | |||
|
Time ______________________ hours
|
|||
| Place | |||
|
(n) Insert name of debtor.
|
and you, the above-named (n)
________________ are to take notice that if you intend to show cause
against the petition you must file with the Official Receiver a notice
showing the grounds upon which you intend to show cause, and post a copy
of the notice to the petitioner or his solicitor, in each case 3 days
before the day on which the petition is to be heard.
|
||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 10B
[rule 50]
|
|||
|
Creditor’s Bankruptcy Petition Where Execution
or Other Process on a Judgment has been Return in whole or Part(Title) |
|||
|
(a) Insert full name(s) and address(es) of petitioner(s).
(b) Insert full name, place of residence, occupation (if any),
Hong Kong Identity Card No. (if any) or number and issuing country of
any passport of debtor (if known).
(c) Insert in full any other name(s) by which the debtor is or
has been known.
(d) Insert trading name (adding “with another or others”, if this
is so), business address and nature of business.
|
I/We, (a) | ||
| , | |||
| petition the court that a bankruptcy order may be made against (b) | |||
| [also known as (c) | |||
| ] | |||
| [and carrying on business as (d) | |||
| ] | |||
| [and lately residing at (e) | |||
|
(e) Insert any other address or addresses at which the debtor has
resided at or after the time the petition debt was incurred.
(f) Give the same details as specified in note (d) above for any
other businesses which have been carried on at or after the time the
petition debt was incurred.
(g) Delete as applicable.
|
|||
| ] | |||
| [and lately carrying on business as (f) | |||
| ] | |||
| and say as follows— | |||
| 1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/has within 3 years immediately preceding the presentation of this petition (g) [resided at] [carried on business at] | |||
| within Hong Kong. | |||
|
(h) Please give the amount of debt(s), what they relate to and
when they were incurred. Please show separately the amount or rate of
any interest or other charge not previously notified to the debtor and
the reasons why you are claiming it.
|
2. The debtor is justly and truly indebted to me [us] in the
aggregate sum of $(h) ____________.
3. The above mentioned debt is for a liquidated sum payable
immediately and the debtor appears to be unable to pay it.
|
||
|
(i) Insert date on which judgment was obtained.
(j) Insert date of execution.
|
4. On (i) ____________ judgment was obtained in ____________
Court on an action the short title and reference to the record whereof
is Number __________ in the sum of $ __________ following which
execution was issued in the ________________ court in respect of the
debt and on (j) ____________________ the bailiff [made a return]
[endorsed upon the writ a statement] to the effect that the execution
was unsatisfied (g) [as to the whole] [as to part] and the
above-mentioned debt represents the amount by which the execution was
returned unsatisfied.
|
||
|
5. I/We do not, nor does any person on my/our behalf, hold any
security on the debtor’s estate, or any part thereof, for the payment of
the above-mentioned sum.
or,
I/We hold
security for the payment of (g) [part of] the above-mentioned sum. I/We
will give up such security for the benefit of all the creditors in the
event of a bankruptcy order being made.
|
|||
|
or,
I/We hold
security for the payment of part of the above-mentioned sum and I/we
estimate the value of such security to be $ . This petition is not made in respect of the secured part of
my/our debt.
|
|||
|
ENDORSEMENT
|
|||
|
This petition
having been presented to the court on ____________ , it is ordered that
the petition shall be heard as follows—
|
|||
| Date | |||
|
Time ______________________ hours
|
|||
| Place | |||
|
(k) Insert name of debtor.
|
and you, the above-named (k)
__________________ are to take notice that if you intend to show cause
against the petition you must file with the Official Receiver a notice
showing the grounds upon which you intend to show cause, and post a copy
of the notice to the petitioner or his solicitor, in each case 3 days
before the day on which the petition is to be heard.
|
||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 10C
[rule 50]
|
|||
|
Bankruptcy Petition for Default in Connection
with Voluntary Arrangement |
|||
|
(Title)
|
|||
|
(a) Insert full name(s) and address(es) of petitioner(s).
(b) Insert full name, place of residence, occupation (if any),
Hong Kong Identity Card No. (if any) or number and issuing country of
any passport of debtor (if known).
(c) Insert in full any other name(s) by which the debtor is or
has been known.
(d) Insert trading name (adding “with another or others”, if this
is so), business address and nature of business.
(e) Insert any other address or addresses at which the debtor has
resided at or after the time the petition debt was incurred.
|
I/We, (a) | ||
| , | |||
| petition the court that a bankruptcy order may be made against (b) | |||
| [also known as (c) | |||
| ] | |||
| [and carrying on business as (d) | |||
| ] | |||
| [and lately residing at (e) | |||
| ] | |||
|
(f) Give the same details as specified in note (d) above for any
other businesses which have been carried on at or after the time the
petition debt was incurred.
(g) Delete as applicable.
|
[and lately carrying on business as (f) | ||
| ] | |||
| and say— | |||
| 1. That the debtor has within 3 years immediately preceding the presentation of this petition (g) [resided at] [carried on business at] | |||
| within Hong Kong. | |||
|
(h) Insert date the debtor entered into voluntary
arrangement.
(i) Insert name of nominee.
|
2. On (h) __________ a voluntary arrangement proposed by the
debtor was approved by his creditors and I am (g) [a person who is for
the time being bound by the said voluntary arrangement and (i)
______________ is the nominee] [(i) ______________ the nominee of the
said voluntary arrangement].
|
||
|
(j) Give details of the default in connection with the voluntary
arrangement, being the grounds under section 20L of
the Bankruptcy Ordinance (Chapter 6) upon which the bankruptcy order is sought.
|
3. (j)
Dated
this day of .
Signature
of witness ____________________
|
||
|
ENDORSEMENT
|
|||
|
This petition
having been presented to the court on ______________, it is ordered that
the petition shall be heard as follows—
|
|||
| Date | |||
|
Time ____________________ hours
|
|||
| Place | |||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 10D
[s. 9 & rule
56]
|
|||
|
Criminal
bankruptcy
petition
|
|||
|
In the Court of First
Instance
|
|||
|
In Bankruptcy
|
|||
| (Title) | |||
|
(a) Insert name and Hong Kong Identity Card No. or number and
issuing country of any passport of debtor.
(b) Insert present address and description of debtor.
(c) Insert address or addresses at which the debtor has lately
resided or carried on business.
|
I, the
Official Petitioner [or, I, C.D., of ] [or, We, C.D., of and E.F., of ], hereby petition the court that a bankruptcy order may be
made in respect of the estate of A.B. (a) of (b)
and lately residing at [or carrying on business at (c) ] and say— |
||
|
1. That a criminal bankruptcy order was made against the said
A.B. in the Court on the day of , and that an office copy of the said
order is annexed to this petition.
|
|||
|
2. That the said order remains in force.
or,
|
|||
|
That the said
order was amended by the Court of Appeal on the day of ; that an office copy of the order of the
Court of Appeal is annexed to this petition; and that the said order as
amended by the Court of Appeal remains in force.
3. That according to the said criminal bankruptcy order the said
A.B. is indebted to [insert the names of the persons
specified in the order as having suffered loss or damage] in the
aggregate sum of $ [set out the amount of the loss or
damage suffered as specified in the criminal bankruptcy
order].
|
|||
|
Dated
this day of .
|
|||
| (Signed) Official Petitioner | |||
|
C.D.
E.F.
(as the case may be)
|
|||
|
*Where it is the Official
Petitioner who is the petitioner, this attestation is not required.
|
[Signed by the petitioner* | ||
| in my presence.] | |||
|
Signature
of witness
Address
Description
|
|||
|
NOTE — If
there be more than one petitioner, and they do not sign together,
the signature of each must be separately attested, e.g., “Signed be
the petitioner E.F. in my presence”. If the petition is signed by a
firm, the partner signing should add also his own signature, e.g.,
“A.S. & Co. by J.S., a partner in the said firm”.
|
|||
|
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
|||
|
Endorsement
|
|||
|
This petition
having been presented to the court on the day of , it is ordered that this petition shall
be heard at on the day of
, at o’clock in the noon. |
|||
|
And you, the
said A.B., are to take notice that if you intend to show cause
against the petition you must file with the Registrar of this Court a
notice specifying the statements which you intend to deny or dispute,
and send by post a copy of the notice to the petitioner and his
solicitor, if known, not later than 3 days before the day fixed for the
hearing.
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 11
[s. 9 & rule
56]
|
|||
|
Affidavit of truth of statements in
petition(Title)
|
|||
|
I, the petitioner named in the petition hereunto annexed make
oath and say—
That the
several statements in the said petition are within my own knowledge
true.
Sworn at,
etc.
|
|||
|
(Signature)
|
|||
|
NOTE — If
the petitioner cannot depose that the truth of all the several
statements in the petition is within his own knowledge he must set
forth the statements the truth of which he can depose to and file a
further affidavit by some person or persons who can depose to the
truth of the remaining statements.
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 12
|
|||
|
Affidavit of truth of statements in joint
petition(Title)
|
|||
|
We,
C.D., E.F., G.H., etc., the petitioners named
in the petition hereunto annexed, severally make oath and say—
And first I
the said C.D. for myself say—
|
|||
|
1. That A.B. is justly and truly indebted to me in the
sum of $ as stated in the said before-mentioned
petition.
2. That A.B. has within 3 years before the date of the
presentation of the petition ordinarily resided [or carried on
business] at .
|
|||
|
And I the said
E.F. for myself say—
3. That A.B. is justly and truly indebted to me in the
sum of $ as stated in the said before-mentioned
petition.
|
|||
|
And I the said
G.H. for myself say—
|
|||
|
4. That A.B., is, etc.
|
|||
|
C.D.E.F.G.H.
|
|||
| Sworn by the deponents C.D., E.F., | |||
| and
G.H., etc. |
|||
| (See note to last form) | |||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 13
[s. 13 & rule
61]
|
||||
|
Application for interim
trustee(Title)
|
||||
|
I, C.D., of, , do, on the grounds set forth in the annexed affidavit,
apply to the court to appoint the Official Receiver as interim trustee
of the property of the said A.B., and [here insert any
special directions to the interim trustee that may be
desired].
|
||||
|
Dated
this day of .
|
||||
|
(Signed) C.D.
|
||||
|
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
||||
|
Order thereon
|
||||
|
Upon reading
this application and the affidavit therein referred to, and
hearing
it is ordered that upon a deposit of $100 being lodged by the applicant the Official Receiver be thereupon constituted interim trustee of the property of the said A.B., [here insert nature, short description and locality of the property, and special directions, if any]. |
||||
|
Dated
this day of .
|
||||
|
Registrar
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 14
[rule 59]
|
|||
|
Affidavit of service of
petition(Title)
|
|||
|
In the matter
of a petition dated
I,
L.M., of , make oath and say—
1. That I did, on day the day of
, serve the above-mentioned A.B. [or the partners in the above-mentioned firm of ] with a copy of the above-mentioned petition, duly sealed with the seal of the court, by delivering the same personally to the said A.B. [or C.D., a partner, or E.F., a person having at the time of service the control and management of the partnership business there or of the business carried on under the above-mentioned name or style] at* [place] before the hour of in the noon. 2. A sealed copy of the said petition is hereunto annexed.
Sworn at,
etc.
|
|||
|
L.M.
|
|||
|
* NOTE — If
the service is effected on a person having at the time of service
the control and management of the partnership business, the
affidavit must, after the description of the place of service,
contain the words “being the principal place of business of the
said .”
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 15
[rule 48]
|
|||
|
Substituted service of petition
Notice in newspaper(Title) |
|||
|
In the matter
of a bankruptcy petition filed the
day of . |
|||
| Take notice that a bankruptcy petition has been presented against you by of | |||
|
(a) Add this in case of petition.
|
and the court has ordered that the sending of a sealed copy of
the petition together with a sealed copy of the order for substituted
service by registered post addressed to and/or the publication of this notice in the newspapers [following the terms of the order for substituted service] shall be deemed to be service of the petition upon you; (a) and further take notice that the said petition will be heard at the court on the day of at o’clock in the |
||
| noon, on which day you are required to appear, and if you do not appear the court may make a bankruptcy order against you in your absence. | |||
|
The petition
may be inspected by you on application at the court.
Dated
this day of .
|
|||
|
Registrar
|
|||
|
To A.B.
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 16
[rule 48]
|
|||
|
Order for substituted service of a
petition(Title)
|
|||
|
In the matter
of a bankruptcy petition filed the
day of . |
|||
|
Upon the application of an upon reading the affidavit of
of in the of . |
|||
|
It is ordered
that the sending of a sealed copy of the above-mentioned petition
together with a sealed copy of this order by registered post addressed
to at
and/or by publication in the newspapers of the presentation of such petition and the time and place fixed for hearing the petition shall be deemed to be good and sufficient service of the said petition on the said on the day of completing such posting or publication as aforesaid. |
|||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 17
[rule 68]
|
|||
|
Notice by debtor of intention to oppose
petition(Title)
|
|||
|
In the matter
of a bankruptcy petition presented against me on the day of , by C.D. of [or and E.F. of , G.H. of , etc.]
|
|||
|
I, the above A.B., do hereby give you
notice that I intend to show cause against the petition and that I
intend to dispute the petitioning creditor’s debt [or to
contend that , or as the case may be].
|
|||
|
Dated
this day of .
To the
Official Receiver, and to C.D. [petitioning creditor]
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 18
[rule 80]
|
|||
|
Order to stay proceedings on
petition(Title)
|
|||
|
In the matter
of a bankruptcy petition against A.B.
of
|
.
|
||
|
Upon the hearing of this petition this day, and the said A.B.
appearing and denying that he is indebted to the petitioner [where
petition presented by more than one creditor, add the name of the
creditor whose debt is denied] in the sum stated in the petition
[or alleging that he is indebted to the petitioner in a sum
of a less amount than $10,000, or alleging that he is indebted to
C.D., one of the petitioners, in a sum less than the sum
stated to be due from him in the petition] it is ordered that the said
A.B. shall within days enter into a bond in the penal sum of [ the amount of
the alleged debt and probable costs, or such other sum as the court
may direct] with such 2 sufficient sureties as the court shall
approve to pay [or deposit with the Official Receiver the sum
of
as security for the payment of] such sum or sums as shall be recovered against the said A.B. by C.D. the petitioner [or one of the petitioners] in any proceeding taken or continued by him against the said A.B., together with such costs as shall be given by the court. |
|||
|
And it is
further ordered that, upon the said A.B. entering into the bond
aforesaid, all proceedings on this petition shall be stayed until after
the court shall have come to a decision on the proceedings.
Dated
this day of .
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 19
|
|||
|
Bond on stay of proceedings, security,
etc.(Title)
|
|||
|
Know all men
by these presents, that we, A.B. of etc. and
C.D. of etc.
and E.F. of etc.
are jointly and severally held and firmly bound to L.M. of etc.
in dollars to be paid to the said L.M., or his
certain attorney, executors, administrators or assigns, for which
payment to be made we bind ourselves and each and every of us, our and
each of our heirs, executors and administrators, jointly and severally,
firmly by these presents.
|
|||
|
Sealed with
our seals, and dated this day of .
Whereas a bankruptcy petition against the said A.B. having been
presented to the court he did appear at the hearing of the said petition
and deny that he was indebted to the petitioner [or to one or more
of the petitioners], [or allege that he was indebted to the petitioner in the sum
of
dollars only or as the case may be]. |
|||
|
Now,
therefore, the condition of this obligation is such that if the
above-bounden A.B., or the said C.D. or E.F., shall on demand well and truly pay or cause to be paid to
L.M., his
attorney or agent, such sum or sums as shall be recovered against the
said A.B. by any
proceedings taken or continued within 21 days from the date hereof in
any competent court by the said L.M. for the
payment of the debt claimed by him in the said petition, together with
such costs as shall be given to the said L.M. by such
court [or whatever the
condition of the bond is] this obligation shall be void,
otherwise it shall remain in full force.
|
|||
|
A.B.
|
(L.S.)
|
||
|
C.D.
|
(L.S.)
|
||
|
E.F.
|
(L.S.)
|
||
|
Signed, sealed
and delivered by the above-bounden
in the presence of |
|||
|
NOTE — If a deposit
of money be made the memorandum should follow the terms of the
conditions of the bond. This form may be adapted to other
cases.
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 20
[rule 18]
|
|||
|
Notice of
sureties(Title)
|
|||
|
In the matter
of a bankruptcy petition of
|
|||
|
Take notice that the sureties whom I propose as my security in the above
matter [here state the proceeding which has rendered the sureties
necessary] are [here state the full names and descriptions of
the sureties and their residences for the last 6 months, therein
mentioning the district or city, places, streets and numbers, if
any].
|
|||
|
Dated
this day of .
|
|||
|
(Signature)
|
|||
|
To the Registrar
and to L.M. of |
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 21
[rule 19]
|
|||
|
Affidavit of
justification(Title)
|
|||
|
In the matter
of a bankruptcy petition against A.B. of .
I,
E.F., of , one of the sureties for
make oath and say— |
|||
|
1. That I am a householder [or as the case may be],
residing
[describing particularly the street or place and the number of the house, if any]. 2. That I am worth property to the amount of $
[the amount required] over and above what will pay my just debts [if security in any other action or for any other purpose, add and every other sum for which I am now security]. |
|||
|
3. That I am not bail or security in any other matter, action or
proceedings, or for any other person [or if security in any other
action or actions, add except for C.D., at the suit of
E.F., in the Court of First Instance in the sum of $ ; for G.H., at the suit of I.K., in the Court
of First Instance in the sum of $ specifying the several actions or matters, and courts,
and the sums in which he has become bound].
|
|||
|
4. That my property, to the amount of the said sum of $ [and if security in any other action, etc. over
and above all other sums for which I am now security as aforesaid],
consists of [here specify the nature and value of the property in
respect of which the deponent proposes to become bondsman as
follows, stock in trade, in my business of carried on by me at of the value of $ of good book debts owing to me to the amount of $ , of furniture in my house at of the value of $ , of leasehold property of the value of $ , situate at , or of other property, particularizing each description
of property, with the value thereof].
|
|||
|
5. That I have for the last 6 months resided at
[describing the place of such residence, or if he has had more than one residence during that period, state in the same manner as above directed]. Sworn at, etc.
|
|||
|
E.F.
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 22
Adjournment of petition
|
|||
|
(Title)
|
|||
|
Upon the
hearing of the petition this day, and hearing for the petitioner and
for the debtor and the Official Receiver, and reading it is ordered that the further hearing of this petition be adjourned until the day of , at o’clock in the noon. |
|||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 23
|
|||
|
Dismissal of
petition(Title)
|
|||
|
In the matter
of a bankruptcy petition filed the [date].
Upon the
hearing of this petition this day, and upon reading and hearing
and the Official Receiver it is ordered that this petition be dismissed [and that the petitioner do pay to the said A.B. the taxed costs thereof]. |
|||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 24
|
|||
|
Order restraining action, etc. before bankruptcy
order(Title)
|
|||
|
Upon the
application of and upon reading
it is ordered that L.M. of shall be restrained from taking any further proceedings in the action brought by him [or upon the judgment recovered or obtained by him] against the said A.B. in [here state the number of the action] [or it is ordered that the proceedings in the action (or suit) brought by him against the said A.B. in (here state the number of the action) may be proceeded with on (here insert the terms fixed by the court)]. |
|||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 25
[s. 12 & rule
72A(3)]
|
|||
|
Bankruptcy order on debtor’s
petition(Title)
|
|||
|
On the
petition of the debtor himself, filed the
day of , , a bankruptcy order is hereby made against A.B. [insert name, addresses and descriptions of debtor as set out in petition], and the Official Receiver hereby becomes the provisional trustee of the estate of the said debtor. |
|||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
|
NOTE — The
above-named debtor is required after the service of this order upon
him to attend the trustee at such time and place as the trustee may
specify.
|
|||
|
Endorsement on order
|
|||
|
The name and
address of the solicitor (if any) to the debtor are [insert name and
address].
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 26
|
|||
|
Bankruptcy order on creditor’s
petition(Title)
|
|||
|
On the
petition dated the day of
of J.S., of a creditor, filed the [insert date], and on reading and hearing It is ordered
that A.B. [insert name, addresses and descriptions of debtor as set out in
petition] be adjudged bankrupt and the Official Receiver hereby
becomes the provisional trustee of the estate of the said debtor.
|
|||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
|
NOTE — The
above-named debtor is required, after the service of this order upon
him, to attend the trustee at such time and place as the trustee may
specify.
|
|||
|
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
|||
|
Endorsement on order
|
|||
|
The name and
address of the solicitor to the petitioning creditor are [insert name and
address].
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 27
[s. 78(1)(f) & rule
78]
|
|||
|
Notice of bankruptcy order,
etc.(Title)
|
|||
| Bankruptcy order made | |||
|
Note — All debts
due to the estate should be paid to the trustee.
|
|||
|
Official
Receiver
|
|||
|
Dated
this day of .
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form 28
(Repealed L.N. 22 of
1995)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Page
1
Form
28A
IN THE COURT OF FIRST
INSTANCE OF HONGKONG IN
BANKRUPTCY
NO. OF .
|
Name: ______________________________
|
||||
|
STATEMENT OF AFFAIRS
(Individual, i.e. non-trading) Please show your financial position as at the
date of the Bankruptcy Order by completing all the pages of this form
and the attached lists, A, B and C as are applicable, which will then be
your Statement of Affairs. You are also required to specify in the
relevant list whether or not there is a dispute about any amount due to
or by you and, if so, to supply details in a separate sheet which should
be signed and attached as part of your Statement of Affairs.
|
||||
|
AFFIDAVIT OR AFFIRMATION (you need to
complete either the affidavit at (i) below or the affirmation at (ii) overleaf, but not both.)
(i) Affidavit
This Affidavit must be sworn before a
Solicitor or Commissioner of Oaths or an officer of the court duly
authorised to administer oaths when you have completed the rest of
this form.
|
||||
|
(a) Insert full name, Hong Kong Identity Card No. and occupation
(b) Insert full address |
I (a) | |||
| of (b) | ||||
|
Make oath and say that the attached lists
exhibited hereto and marked ______ are to the best of my knowledge and
belief a full, true and complete statement of my affairs as at
__________ the date of the Bankruptcy Order made against me.
|
||||
| Sworn at | ||||
| Date | Signature ____________ | |||
| Before me | ||||
|
A Solicitor or Commissioner
of Oaths or Duly authorised officer
|
||||
|
Before swearing the
affidavit the Solicitor or Commissioner is particularly requested to
make sure that the full name, address and description of the
Deponent are stated, and to initial any crossings-out or other
alterations in the printed form. A deficiency in the affidavit in
any of the above respects will mean that it is refused by the court,
and will need to be re-sworn.
(Please see overleaf for
the Affirmation)
|
||||
|
Page 2
(ii) Affirmation
This Affirmation must be
made before a Solicitor or Commissioner of Oaths or an officer of
the court duly authorised to administer oaths when you have
completed the rest of this form.
|
||||
|
(a) Insert full name, Hong Kong Identity Card No. and
occupation (b) Insert full address |
I (a) | |||
| of (b) | ||||
|
Solemnly and sincerely affirm
that the attached lists exhibited hereto and marked ______________ are
to the best of my knowledge and belief a full, true and complete
statement of my affairs as at ______________ the date of the Bankruptcy
Order made against me.
|
||||
| Affirmed at | ||||
| Date | Signature ____________ | |||
| Before me | ||||
|
A Solicitor or Commissioner
of Oaths or Duly authorised officer
Before making the
affirmation the Solicitor or Commissioner is particularly requested
to make sure that the full name, address and description of the
Deponent are stated, and to initial any crossings-out or other
alterations in the printed form. A deficiency in the affirmation in
any of the above respects will mean that it is refused by the court,
and will need to be re-affirmed.
|
||||
|
SUMMARY OF STATEMENT OF AFFAIRS
|
|||||
|
List
Reference |
Particulars
|
Amount
$ |
|||
|
ASSETS
|
|||||
|
A
|
(1) Various assets
|
||||
|
B
|
(2) Excess value of assets pledged as security to creditors fully
secured
|
||||
|
(3) Total Assets, i.e. total of items
(1) and (2) above
|
|||||
|
LIABILITIES
|
|||||
|
B
|
(4) Secured creditors (net of security) — i.e. after deducting
the amount of the security
|
||||
|
C
|
(5) Unsecured creditors
|
||||
|
(6) Total Liabilities, i.e. total of
items (4) and (5) above
|
|||||
|
(7) Surplus/(Deficiency), i.e. total assets in item
(3) less total liabilities as in item (6)
|
|||||
| $ | |||||
|
|
|
||||
| Signature | Date | ||||
LIST
A
VARIOUS ASSETS
|
Please detail all your assets which
may be of value (if necessary, use the space in section (j) below to
provide details in respect of any of the items at (a) to (i) below;
and/or attach additional sheet(s) if the space in section (j) is not
adequate; and complete item (k) below).
|
Estimated to produce
$ |
||||
| (a) | Cash at bank | ||||
| (specify the name of the bank(s) and all account numbers) | |||||
| (b) | Land and buildings | Cost $ | |||
| (location and address) | |||||
| (c) | Household furniture and belongings | ||||
| (d) | Life assurance policies | ||||
| (policy number(s) and insurance companies) | |||||
| (e) | Money owed to you | ||||
| (please provide name and address of debtor and nature of debt) | |||||
| (f) | Investments in stocks and shares | Cost $ | |||
| (please provide details) | |||||
| (g) | Motor vehicles | Cost $ | |||
| (please provide details) | |||||
| (h) | Sums due to you from the estate of a deceased person | ||||
| (please provide details) | |||||
| (i) | Any other assets | ||||
| (j) | Supplementary Information (specify here also, if applicable, the particulars of any property held by or in the name of *husband/*wife/*concubine or under any alias or in a t’ong name or in trust for you) | ||||
|
Show the total under “Assets”, item (1) in the
Summary of Statement of Affairs $
|
|||||
|
(k)
|
*
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ additional sheets are attached/No additional sheets are
attached.*(specify no.)
|
||||
|
|
Signature | Date | |||
| (*delete the inapplicable words) | |||||
| LIST
B SECURED CREDITORS (either fully or partly
secured) /EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS |
||||||||||||||
|
Does any creditor of yours hold or claim any
item(s) of your property?
|
Yes □ |
No □ |
||||||||||||
| If “YES” give details below: | ||||||||||||||
|
(i)
No. |
(ii)
Name of creditor or claimant |
(iii)
Address |
(iv)
Amount owed to creditor $ |
(v)
Specify the asset being held or claimed or pledged as security |
(vi)
Date when security given |
(vii)
Estimated when of the asset in column (v) $ |
(viii)
Estimated excess, i.e. (vii) less (iv) $ |
(ix)
Net indebtedness i.e. (iv) less (vii) $ |
||||||
| 1. | ||||||||||||||
| 2. | ||||||||||||||
| 3. | ||||||||||||||
| 4. | ||||||||||||||
| 5. | ||||||||||||||
| 6. | ||||||||||||||
| 7. | ||||||||||||||
| 8. | ||||||||||||||
| 9. | ||||||||||||||
| 10. | ||||||||||||||
| 11. | ||||||||||||||
| 12. | ||||||||||||||
| 13. | ||||||||||||||
| 14. | ||||||||||||||
| 15. | ||||||||||||||
| Show the total of column (viii) under “Assets”, item (2) in the Summary of Statement of Affairs $ | ||||||||||||||
| Show the total of column (ix) under “Liabilities”, item (4) in the Summary of Statement of Affairs $ | ||||||||||||||
| Signature | Date | |||||||||||||
LIST C
UNSECURED
CREDITORS
|
(i)
No. |
(ii)
Name of creditor or claimant |
(iii)
Address |
(iv)
Amount the creditor claims you owe him/her $ |
(v)
Amount you consider as owed to the creditor $ |
||
| 1. | ||||||
| 2. | ||||||
| 3. | ||||||
| 4. | ||||||
| 5. | ||||||
| 6. | ||||||
| 7. | ||||||
| 8. | ||||||
| 9. | ||||||
| 10. | ||||||
| 11. | ||||||
| 12. | ||||||
| 13. | ||||||
| 14. | ||||||
| 15. | ||||||
| Show the total of column (v) under “Liabilities”, item (5) in the summary of Statement of Affairs | ||||||
| Signature | Date | |||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Page
1
Form 28B
IN THE
COURT OF FIRST INSTANCE OF HONG KONGIN
BANKRUPTCY
NO. of .
|
Full Name
|
: |
|
Hong Kong Identity Card No.
|
: |
|
Trading as
|
: |
STATEMENT OF
AFFAIRS
Please
complete this Statement of Affairs and such of the attached lists A, B, C, D and E as
are applicable in order to show the state of your affairs on the day on which the
Bankruptcy Order was made against you, viz., the
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
day of __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
. You are also required to specify in the
relevant list whether or not there is a dispute about any amount due to or by you and,
if so, to supply details in a separate schedule which should be signed and attached as
part of your Statement of Affairs. Such completed schedules will constitute
your Statement of Affairs, and must be verified by oath, declaration or affirmation
(please see note
below).|
List
Reference |
Particulars
|
Amount
$ |
|||
|
ASSETS
|
|||||
|
A
|
(1) Various assets
|
||||
|
B
|
(2) Debts receivable
|
||||
|
C
|
(3) Excess value of assets pledged as security to creditors fully
secured
|
||||
|
(4) Total Assets, i.e. total of items
(1) and (3) above
|
|||||
|
LIABILITIES
|
|||||
|
D
|
(5) Claims and amounts due to employees and Government
departments
|
||||
|
C
|
(6) Secured creditors (net of security) — i.e. after deducting
the amount of the security
|
||||
|
E
|
(7) Unsecured creditors and other liabilities (including
contingent liabilities)
|
||||
|
(8) Total Liabilities, i.e. total of
items (5) to (7) above
|
|||||
|
(9) Surplus/(Deficiency), i.e. total assets as in item
(4) less total liabilities as in item (8) above
|
|||||
| $ | |||||
Continued
Overleaf/
..................................................................................................................................................................................................................................................................................................................................................................................................................................................................
|
Page
2
AFFIDAVIT OR AFFIRMATION—(The format is set out below and you
need to complete either the affidavit at (i) or the affirmation at (ii), but not both.)
Before swearing the affidavit or making the affirmation, the
Solicitor or Commissioner is particularly requested to make sure
that the full name, address and description of the Deponent are
stated, and to initial any crossings-out or other alterations in the
printed form. A deficiency in the affidavit/affirmation in any of
the above respects will mean that it is refused by the court, and
will need to be re-sworn.
|
||||
|
(i) Affidavit
This Affidavit must be
sworn before a Solicitor or Commissioner of Oaths or an officer of
the court duly authorised to administer oaths when you have
completed the rest of this form.
|
||||
|
(a) Insert full name, Hong Kong Identity Card No. and
occupation (b) Insert full address |
I (a) | |||
| of (b) | ||||
|
Make oath and say that the
foregoing Statement and attached lists exhibited hereto and marked
____________ are to the best of my knowledge and belief a full, true and
complete statement of my affairs as at____________the date of the
Bankruptcy Order made against me.
|
||||
|
|
||||
| Sworn at | ||||
| Date | Signature __________ | |||
| Before me | ||||
|
(ii) Affirmation
This Affirmation must be
made before a Solicitor or Commissioner of Oaths or an officer of
the court duly authorised to administer oaths when you have
completed the rest of this form.
|
||||
|
(a) Insert full name, Hong Kong Identity Card No. and
occupation (b) Insert full address |
I (a) | |||
| of (b) | ||||
|
Solemnly and sincerely affirm
that the foregoing Statement and attached lists exhibited hereto and
marked ________are to the best of my knowledge and belief a full, true
and complete statement of my affairs as at________the date of the
Bankruptcy Order made against me.
|
||||
| Affirmed at | ||||
| Date | Signature __________ | |||
| Before me | ||||
LIST
A
VARIOUS
ASSETS
|
Full particulars of
every description of assets not included in any other lists should
be specified in this list. If the space allotted to items (a) to (j)
below is not adequate, please provide the requisite information by
attaching additional schedule(s) and completing item (l)
below.
|
||||||
|
Particulars
|
Estimated to produce
$ |
|||||
|
(a)
|
Cash at bank
(Please specify the name(s) of the
bank(s) and all account numbers)
|
|||||
|
|
||||||
|
|
||||||
|
(b)
|
Cash in hand
|
|||||
|
(c)
|
Cash deposit held by solicitor or any other person
|
|||||
| (name of solicitor or person) | ||||||
|
|
||||||
|
(d)
|
Land and buildings in your name or in the
name of your *husband/
*wife/ *concubine (Location and address)
|
Cost $ | ||||
|
(e)
|
Stock in trade
|
Cost $ | ||||
|
(f)
|
Plant and machinery
|
Cost $ | ||||
|
(g)
|
Life assurance policies
|
|||||
| (policy number and insurance company) | ||||||
|
(h)
|
Investment in stocks and shares, etc.
|
Cost $ | ||||
| (Please provide details) | ||||||
|
(i)
|
Amount due to you from the estate of a deceased
person
|
|||||
| (Please provide details) | ||||||
|
(j)
|
Any other assets
|
|||||
|
(k)
|
Total (show the total under “Assets” on page 1 of
the Statement of Affairs)
|
$
|
||||
|
(l)
|
* |
additional schedule(s) are attached/No additional
|
||||
|
(specify no.)
|
||||||
| schedule(s) are attached.* | ||||||
Dated this day of . (Signature) |
||||||
|
(*delete the inapplicable words)
|
||||||
|
LIST B
DEBTS RECEIVABLE
|
||||||||
|
(i)
No. |
(ii)
Name of debtor |
(iii)
Address |
(iv)
Amount of debt $ |
(v)
Date when contracted |
(vi)
Estimated to produce $ |
(vii)
Folio of ledger or other book where particulars are to be found |
(viii)
Nature of debt and particulars of any securities held for debt |
|
| 1. | ||||||||
| 2. | ||||||||
| 3. | ||||||||
| 4. | ||||||||
| 5. | ||||||||
| 6. | ||||||||
| 7. | ||||||||
| 8. | ||||||||
| 9. | ||||||||
| 10. | ||||||||
| 11. | ||||||||
| 12. | ||||||||
| 13. | ||||||||
| 14. | ||||||||
| 15. | ||||||||
|
Totals (show the total of
column (vi) under “Assets” on page 1 of the Statement of
Affairs)
|
||||||||
|
|
Dated this day of .
|
(Signature)
|
||||||
|
Notes:
|
(1)
|
If you are also indebted to any of the above-mentioned debtor(s), please
specify in column (iii) both the amount of your debt due to the debtor
and the amount due from the debtor. The net amount due to you by the
debtor should be inserted in columns (iv) and (vi). If, however, the
amount owed by you to the “debtor” is greater than the amount that the
debtor owes you, do not insert any amount in this list but use List E for the
purpose.
|
||||||
|
(2)
|
To substantiate the amount of debt, copies of the relevant source
documents should be attached.
|
|||||||
|
LIST C
SECURED CREDITORS
(either fully or partly secured)
/EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS |
|||||||||
|
(i)
No. |
(ii)
Name of creditor or claimant |
(iii)
Address |
(iv)
Amount owed to creditor $ |
(v)
Date when contracted |
(vi)
Particulars of the asset being held or claimed or pledge as security |
(vii)
Date when security given |
(viii)
Estimated value of the asset in column (vi) $ |
(ix)
Estimated excess i.e. (viii) less (iv) $ |
(x)
Net indebtedness i.e. (iv) less (viii) $ |
| 1. | |||||||||
| 2. | |||||||||
| 3. | |||||||||
| 4. | |||||||||
| 5. | |||||||||
| 6. | |||||||||
| 7. | |||||||||
| 8. | |||||||||
| 9. | |||||||||
| 10. | |||||||||
| 11. | |||||||||
| 12. | |||||||||
| 13. | |||||||||
| 14. | |||||||||
| 15. | |||||||||
|
Total amount owed to creditors, i.e. total of column
(iv)
|
Total value of security, i.e. total of column (viii)
|
||||||||
|
Show the total of column (ix) under “Assets” on
page 1 of the Statement of Affairs
|
|||||||||
|
Show the total of column (x) under “Liabilities” on
page 1 of the Statement of Affairs
|
|||||||||
|
Dated this day of .
|
(Signature)
|
||||||||
|
Note:
|
If the amount due to the fully-secured creditor (as stated in column (iv)
above) is the same as the estimated value of security (as stated in
column (viii) above), please specify a “Nil” amount in columns (ix) and
(x). If any estimated surplus from security as reflected in column (ix)
above is further pledged to any other creditor as partial security, that
surplus should be deleted from column (ix) and shown in column (viii)
for that other creditor instead. Such surplus should then be deducted
from the relevant amount due to that other creditor before extending the
amount to either column (ix) or (x), whichever is appropriate.
|
||||||||
|
LIST D
CLAIMS AND AMOUNTS
DUE TO EMPLOYEES AND GOVERNMENT DEPARTMENTS
(e.g. Wages, Rates,
Taxes,
etc.)
|
||||||
|
(i)
No. |
(ii)
Name of creditor or claimant |
(iii)
Address |
(iv)
Name of claim |
(v)
Period during which claim accrued |
(vi)
Due date for payment |
(vii)
Amount of claim $ |
| 1. | ||||||
| 2. | ||||||
| 3. | ||||||
| 4. | ||||||
| 5. | ||||||
| 6. | ||||||
| 7. | ||||||
| 8. | ||||||
| 9. | ||||||
| 10. | ||||||
| 11. | ||||||
| 12. | ||||||
| 13. | ||||||
| 14. | ||||||
| 15. | ||||||
|
Show the total of column
(vii) under “Liabilities” on page 1 of the Statement of
Affairs
|
$
|
|||||
|
Dated this day of .
|
(Signature)
|
|||||
|
LIST E
UNSECURED CREDITORS
AND OTHER LIABILITIES
(INCLUDING CONTINGENT LIABILITIES) |
||||||
|
(i)
No. |
(ii)
Name of creditor or claimant |
(iii)
Address |
(iv)
Amount $ |
(v)
Date when contracted |
(vi)
Consideration and the nature of liability |
|
| 1. | ||||||
| 2. | ||||||
| 3. | ||||||
| 4. | ||||||
| 5. | ||||||
| 6. | ||||||
| 7. | ||||||
| 8. | ||||||
| 9. | ||||||
| 10. | ||||||
| 11. | ||||||
| 12. | ||||||
| 13. | ||||||
| 14. | ||||||
| 15. | ||||||
|
Show the total of column
(iv) under “Liabilities” on page 1 of the Statement of
Affairs $
|
||||||
|
Dated this day of .
|
(Signature)
|
|||||
|
Notes:
|
(1)
|
If any creditor is also indebted to you, please specify in column (iii)
both the amount due to the creditor and the amount owed by the creditor.
The net amount due by you to the creditor should be inserted in column
(iv). If, however, the amount owed to you by the “creditor” is more than
the amount that you owe the creditor, do not insert any amount in this
list but use List B for the purpose.
|
||||
|
(2)
|
The particulars of any bills of exchange and promissory notes held by a creditor should be inserted immediately below the name of such creditor. | |||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 28C
[s. 10(2)]
|
||||
|
Note—These details will be the same
as those shown at the top of your petition.
|
In the ____________In
BankruptcyNo.______of______
.
|
|||
| Re | ||||
|
Show your current financial
position by completing all the pages of this form which will then be
your Statement of Affairs.
|
||||
|
AFFIDAVIT
This Affidavit must be
sworn before a Solicitor or Commissioner of Oaths or an officer of
the court duly authorized to administer oaths when you have
completed the rest of this form.
|
||||
|
(a) Insert full name, occupation, Hong Kong Identity Card No. (if
any) or number and issuing country of any passport.
(b) Insert full address.
|
I, (a) | |||
| , | ||||
| of (b) | ||||
|
Make oath and say that
several pages exhibited hereto and marked ________ are to the best of my
knowledge and belief a full, true and complete statement of my affairs
at today’s date.
|
||||
| Sworn at | ||||
| Date | Signature(s) __________ | |||
| Before me | ||||
|
A Solicitor or Commissioner
of Oaths or Duly authorized officer
Before swearing the
affidavit, the Solicitor or Commissioner is particularly requested
to make sure that the full name, address and description of the
deponent are stated, and to initial any crossings-out or other
alterations in the printed form. A deficiency in the affidavit in
any of the above respects will mean that it will be refused by the
court, and will need to be re-sworn.
|
||||
|
LIST
ASECURED
CREDITORS
|
||||||||||||||||
|
Is anyone claiming something of yours to clear or reduce his or her
claim?
|
Yes □ |
No □ |
||||||||||||||
| If “YES” give details below: |
<
|
|
||||||||||||||
|
Name of creditor |
Address (with postcode) |
Amount
owed to creditor $ |
What of yours is claimed and what is it worth? |
|||||||||||||
| 1. |
|
|||||||||||||||
|
|
||||||||||||||||
|
|
||||||||||||||||
| 2. |
|
|||||||||||||||
|
|
||||||||||||||||
|
|
||||||||||||||||
| 3. |
|
|||||||||||||||
|
|
||||||||||||||||
|
|
||||||||||||||||
| 4. |
|
|||||||||||||||
|
|
||||||||||||||||
|
|
||||||||||||||||
|
|
||||||||||||||||
|
|
||||||||||||||||
| Signature |
<
|
|||||||||||||||
| Date | ||||||||||||||||
LIST B
UNSECURED
CREDITORS
|
1
No. |
2
Name of creditor or claimant |
3
Address (with postcode) |
4
Amount the creditor says you owe him/her $ |
5
Amount you think you owe $ |
|
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|||||
| Signature | Date | ||||
LIST
C1
ASSETS
|
Do you have any
bank accounts or an interest in one?
If “YES” state where they are, how much is in them and how much is your share. |
Yes
□ |
No
□ |
|||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|
|
|
||
|
Do you have any
business bank accounts, including joint accounts?
If “YES” state the name of the accounts, where they are and how much is in them. |
Yes
□ |
No
□ |
|||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|
|
|
|
|
|
Do you have any
bank deposit accounts or an interest in one?
If “YES” state where they are and how much is in them and how much is your share. |
Yes
□ |
No
□ |
|||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|||||
| Signature | Date | ||||
LIST
C2
ASSETS
|
Do you have any
other savings?
If “YES” give details. |
Yes
□ |
No
□ |
|||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|
|
|
||
|
Do you use a
motor vehicle?
If “YES” who owns it and what is it worth? |
Yes
□ |
No
□ |
|||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|
|
|
|
|
|
Have you an
interest in any other motor vehicles?
If “YES” give details and their value. |
Yes
□ |
No
□ |
|||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|||||
|
|
|||||
| Signature | Date | ||||
LIST
C3
ASSETS
|
Now show anything else of yours which may be of value.
|
$
|
|||
|
(a)
|
Household furniture and belongings | |||
|
(b)
|
Life policies | |||
|
(c)
|
Money owed to you | |||
|
(d)
|
Stock in trade | |||
|
(e)
|
Other property | |||
|
TOTAL
|
$
|
|||
|
|
||||
| Signature | Date | |||
LIST
D
|
1.
|
State the name, age (if under 18), and relationship to you of your
dependants.
|
|||||||||||
| 1 | 6 | |||||||||||
| 2 | 7 | |||||||||||
| 3 | 8 | |||||||||||
| 4 | 9 | |||||||||||
| 5 | 10 | |||||||||||
|
|
||||||||||||
|
2.
|
Has distress been levied against you by or on behalf of any
creditor?
|
Yes
□ |
No
□ |
|||||||||
|
If “YES” give details below—
|
||||||||||||
|
Name of creditor |
Amount of claim $ |
Date
Distress levied |
Description and estimated value of property
seized
|
|||||||||
|
|
||||||||||||
|
|
||||||||||||
|
|
||||||||||||
|
|
||||||||||||
|
|
||||||||||||
|
|
||||||||||||
|
|
||||||||||||
|
|
||||||||||||
|
|
||||||||||||
| Signature | Date | |||||||||||
LIST
E
|
3.
|
At the date you present your bankruptcy petition,
is any court
judgment or other legal process outstanding against you that has been made by any court in Hong Kong? If “YES” give details below— |
Yes
□ |
No
□ |
|||||||||||
|
Name of creditor |
Amount of claim $ |
Type and date of process issued
|
Description and estimated value of any property
seized
|
|||||||||||
|
|
||||||||||||||
|
|
||||||||||||||
|
|
||||||||||||||
|
|
||||||||||||||
|
|
||||||||||||||
|
|
||||||||||||||
|
|
||||||||||||||
|
|
||||||||||||||
|
4.
|
At the date you present your bankruptcy petition,
is any income
payments order in force against you? If “YES” give details below— |
Yes
□ |
No
□ |
|||||||||||
|
Name of creditor |
Date of order |
Court |
Amount of instalment payable under order (per
month/week)
$ |
Total amount paid under order
$ |
Date order expires (if applicable)
|
|||||||||
|
|
||||||||||||||
|
|
||||||||||||||
|
|
||||||||||||||
|
|
||||||||||||||
|
|
||||||||||||||
| Signature | Date | |||||||||||||
LIST
F
|
5(a)
|
Have you, before you presented your petition,
tried to come to any agreement with your creditors generally for
payment of your debts?
|
Yes
□ |
No
□ |
||||
|
(b)
|
If the answer to 5(a) is “YES”, what terms were offered to the
creditors—
|
||||||
|
(1)
|
time for repayment | ||||||
|
(2)
|
percentage amount receivable by creditors | ||||||
|
(3)
|
when was the offer made? | ||||||
|
(c)
|
Did the attempt fail because the creditors refused
to accept the terms offered?
|
Yes
□ |
No
□ |
||||
| If “NO” why did it fail? | |||||||
|
6.
|
Do you think that you will be able to introduce a
voluntary arrangement for your creditors under the Bankruptcy
Ordinance (Chapter 6), which is likely to be
acceptable to them?
|
Yes
□ |
No
□ |
||||
| If “YES” give brief details | |||||||
|
|
|||||||
| Signature | Date | ||||||
|
LIST G
STATEMENT OF MEANS
(List below all items of regular “monthly” income
and expenditure)
|
|||
|
Items of income
|
$
|
Items of expenditure
|
$
|
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
This page shows that I will now be able to pay creditors $
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ a month. |
|||
|
Signature
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Date __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
|||
LIST H
STATEMENT OF RECENT AND EXPECTED
INCOME
Include in the table below details of
your gross income in the past 12 months and your estimated gross income for the next 12
months.Gross income is the amount of your income before any
deductions, including tax, are made.
Ensure that you include all income details as any details left out may affect your ability to obtain an early discharge.
Ensure that you include all income details as any details left out may affect your ability to obtain an early discharge.
|
Source of Income
|
Income last 12 months |
Estimated income next
12 months |
|
Gross Wages and
Salary before income tax is
deducted (including overtime & penalty rates) |
||
|
‧
‧
|
$
$
|
$
$
|
|
Drawings from
Business if self-employed
|
$
|
$
|
|
Government
Pensions, Benefits & Allowances
(Specify type) |
||
|
‧
‧
‧
|
$
$
$
|
$
$
$
|
|
Payments from
Retirement or Approved
Deposit, Provident Funds (Specify type) |
||
|
‧
‧
|
$
$
|
$
$
|
|
Lump Sum
payment on termination of employment
|
$
|
$
|
|
Income from
deceased estate or trust
|
$
|
$
|
|
Income from
Investments (Specify type)
‧Interest
‧Dividends
‧Insurance
policies
‧
‧
|
$
$
$
$
$
|
$
$
$
$
$
|
|
Money from any
other allowances, benefits or sources not mentioned above (Specify
source & type)
|
||
|
‧
‧
‧
|
$
$
$
|
$
$
$
|
|
TOTAL
|
$
|
$
|
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 29
|
||||
|
Notice to Creditors of General Meeting of Creditors(Title)
|
||||
|
(a) Delete as applicable.
|
A meeting of creditors has
been summoned by the (a) [provisional trustee][trustee]
|
|||
|
(b) Insert relevant section.
|
(a)
|
[at the request of a creditor under section (b)
|
||
|
of the Bankruptcy Ordinance (Chapter 6)] for the purpose of—
The meeting will be held as
follows—
|
||||
| Date | ||||
| Time | hours | |||
| Place | ||||
|
|
||||
(c) Insert date and time by which proxy is to be lodged, which should not be more than 24 hours before the date fixed for the meeting. |
The forms of general and
special proxy are enclosed, one of which must be lodged with me not
later than (c) ________________ to entitle you to vote by proxy at the
meeting (together with a completed proof of debt form if you have not
already lodged one).
|
|||
|
Dated this day of .
Provisional trustee/Trustee
[address]
|
||||
|
|
||||
|
Note—Insert any
further details which by the nature of the meeting need to be
stated.
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Forms 30 — 31
(Repealed L.N. 81 of
1998)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 32
[s. 17]
|
|||
|
Notice to creditors of adjourned
meeting(Title)
|
|||
|
Take notice
that the meeting of creditors in the above matter held on the day of at
was adjourned to the day of and will accordingly be held at on the said day at o’clock in the noon. Agenda[Insert here nature of
business to be transacted]
|
|||
|
Dated
this day of .
|
|||
|
Trustee
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 33
[rule 105]
|
||||
|
Affidavit of postage of notices. general
meeting(Title)
|
||||
|
I, , [insert description], make oath and say as
follows—
|
||||
|
(a) Insert here if necessary “adjourned”.
|
1. That I did, on the day of , send to each creditor mentioned in the
bankrupt’s statement of affairs, and to the above-named bankrupt, a
notice of the time and place of the (a) general meeting of
creditors.
2. That such notices were addressed to the said creditors
respectively, according to their respective names and addresses
appearing in the statement of affairs of the said bankrupt, and also to
the said bankrupt at
3. That the post office acknowledgment for the same is hereunto
annexed and marked “A”.
|
|||
|
Sworn at,
etc.
|
||||
|
(Signature)
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 34
[rule 105]
|
||||
|
Certificate of postage of notices. general
meeting(Title)
|
||||
|
I, , [insert description], hereby certify—
|
||||
|
(a) Insert here if necessary “adjourned”.
|
1. That I did, on the day of
, send to each creditor mentioned in the bankrupt’s statement of affairs, a notice of the time and place of the (a) general meeting of creditors. 2. That such notices were addressed to the said creditors
respectively according to their respective names and addresses appearing
in the statement of affairs of the said bankrupt.
3. That the post office acknowledgment for the same is hereunto
annexed and marked “A”.
|
|||
|
4. That I did on the said day of
, send by registered post notice of the time and place of the said meeting to the said bankrupt, and that such notice was sent to the following address— Dated
this day of .
|
||||
|
(Signature)
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 35
[rule 100]
|
||||
|
Notice to bankrupt to attend general meeting of
creditors(Title)
|
||||
|
Take notice
that the general meeting of your creditors will be held on the day of , at o’clock at and that you are required to attend thereat and submit to
such examination and give such information as the meeting may require.
And further, take notice that if you fail to comply with the
requirements of this notice you will be guilty of a contempt of court
and may be punished accordingly.
|
||||
|
Dated
this day of .
|
||||
|
Provisional trustee
To:
the
above-named bankrupt
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form 36
(Repealed L.N. 81 of
1998)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 37
[rule 107]
|
||||
|
Memorandum of adjournment of
meeting(Title)
|
||||
|
Meeting held
at on the day of
, at o’clock. |
||||
|
(a) Here state reason for adjournment.
|
Memorandum—A
meeting of creditors in the above matter was held at the time and place
above-mentioned, and the several proofs of debt lodged were produced;
but it appearing that (a)
the meeting was adjourned until the day of , at o’clock in the noon, then to be held at the same place. |
|||
|
Chairman
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 38
|
||||
|
Memorandum of proceedings at adjourned general meeting where no
quorum(Title)
|
||||
|
Meeting held
at on the day of
, at o’clock. |
||||
|
Memorandum—The adjourned meeting of creditors in the above matter was
held at the time and place above-mentioned, and the several proofs of
debt lodged were produced; but it appearing that there was not a quorum
of creditors qualified to vote present or represented no resolution was
passed, and the meeting was not further adjourned.
|
||||
|
Chairman
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 39
|
||||
|
Order of court for general meeting of
creditors(Title)
|
||||
|
Upon the
application of C.D., of , it is ordered that the trustee of the
property of the bankrupt [or the
provisional trustee] do summon a meeting of the creditors of the
bankrupt to be held at on the
day of , at o’clock in the noon [here state the purpose for which meeting called]. |
||||
|
Dated
this day of .
|
||||
|
Registrar
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 40
[rule 99E]
|
||||
|
Notice of meeting (general
form)(Title)
|
||||
|
Take notice
that a meeting of creditors in the above matter will be held at on the day of
, at o’clock in the noon. (Forms of general and special proxy are enclosed
herewith)
|
||||
|
[Here insert purpose for which meeting
called.]
|
Agenda
Dated
this day of .
|
|||
|
Trustee
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Forms 41 — 42
(Repealed L.N. 81 of
1998)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 43
[rule 99E]
|
||||
|
Notice to creditors of meeting to remove trustee and to appoint a
person to fill the
vacancy(Title)
|
||||
|
At the
request of one-fourth in value of the creditors of the bankrupt a
general meeting of the creditors is hereby summoned to be held at
on the day of , at o’clock in the noon for the purpose of considering the propriety of
removing G.H., the
trustee of the property of the bankrupt, from his office as such
trustee, and in the event of his removal to appoint a person to fill the
vacancy.
Dated
this day of .
|
||||
|
L.M.,
|
||||
|
A
member of the Creditors’ Committee
[or Official
Receiver]
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 44
[rule 99E]
|
||||
|
Notice of meeting to be held to appoint new
trustee(Title)
|
||||
|
I, C.D., Official
Receiver, hereby give you notice that a meeting of creditors will be
held at on the
day of , at o’clock in the noon, for the purpose of appointing a trustee in the place of the late trustee, who has resigned the office [or who has died or against whom a bankruptcy order has been made].
Dated
this day of .
|
||||
|
Official Receiver
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 45
[rule 2]
|
||||
|
List of creditors assembled. To
be used at every
meeting(Title)
|
||||
|
Meeting held at this day of .
|
||||
|
Number
|
Names of creditors present
or represented |
Amount of proof
|
||
|
1
2 3 4 5 6 7 |
$
|
¢
|
||
|
7
|
Total number of creditors present or represented
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form 46A
[rule 109]
PROOF OF DEBT—GENERAL FORM
IN THE COURT OF FIRST INSTANCE OF HONG KONG IN BANKRUPTCYNo. of
IN THE COURT OF FIRST INSTANCE OF HONG KONG IN BANKRUPTCYNo. of
|
Except in the case of claims for wages or salary,
where the debt proved for exceeds $250 a fee of $15 must be paid hereon
otherwise the proof cannot be admitted.
|
Re:
|
|
Date of
Bankruptcy Order
|
|||
|
1
|
Name of Creditor
|
||
|
2
|
Address of Creditor
|
||
|
3
|
Total amount of claim, including any outstanding
uncapitalised interest as at the date of the bankruptcy order
|
(Analysis of claim can be supplied on separate sheet
signed by creditor or person authorized to act on his behalf) $
|
|
|
4
|
Details of any documents by reference to which the
debt can be substantiated [Note: Either the originals or copies of
documentary evidence should be submitted. Bills of exchange or other
negotiable securities must be produced before the proof can be admitted.
The trustee may call for any document or evidence to substantiate the
claim at his discretion.]
|
||
|
5
|
If total amount above includes outstanding
uncapitalised interest please state amount
|
||
|
6
|
Particulars of how and when debt incurred
|
||
|
7
|
Particulars of any security held, the value of the
security, and the date it was given
|
||
|
8
|
I hereby declare that the
particulars set out in this Proof of Debt are, to the best of my
knowledge and belief, true and correct.
|
||
|
Signature of creditor or person authorized to act on
his behalf
|
|
||
|
Name in BLOCK LETTERS
|
|
||
|
Position with or relation to creditor and means of
knowledge of the matters declared therein
|
|
||
|
Warning: A
person convicted of making a false statement in respect of a proof of
debt shall be liable to a fine and imprisonment for 2 years.
|
|||
|
Admitted to vote for
$
Date
Trustee
|
|||
|
Admitted preferentially for
$
Date
Trustee
|
|||
|
Admitted non-preferentially for
$
Date
Trustee
|
|||
|
To be returned to the
trustee.
|
|||
|
Note: The
proof cannot be admitted for voting at the general meeting of creditors
unless it is properly completed and lodged with the trustee not later
than 24 hours before the time specified in the notice convening the
meeting.
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 46B
[rule 109]
|
|||||
|
AFFIDAVIT OF
DEBTIN
THE COURT OF FIRST INSTANCE OF
HONGKONG
IN
BANKRUPTCYNo.(a) of
|
|||||
|
Re: (a)
I, (b) ,
of make oath and say— |
(a) Here insert the number of matter, and the name of debtor, as
given on the notice of meeting.
(b) Fill in full name, address and occupation of deponent. |
||||
|
(1)(c) That I am (d)
of the under-mentioned creditor, and that I am duly authorized by (e) to make this affidavit, and that it is within my own knowledge that the debt hereinafter deposed to was incurred and that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied. (2) That the
said
was/were, at the date of the bankruptcy order, viz., the day of , and still is/are justly and truly indebted to (f) in the sum of dollars as shown in the proof of debt exhibited hereto marked “A”. |
(c) If proof made by creditor personally strike out clause
(1).
(d) State capacity, e.g. director, secretary, solicitor etc. (e) State full name and address of creditor. (f) Insert “me” or in case of a firm “me and C.D. and E.F., my co-partners trading as”, or if by clerk or agent etc. insert name, address and description of principal. |
||||
| Debt .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. $ :__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
|||||
|
|
|||||
|
Sworn at
this day of |
|
[Deponent’s
Signature] |
|||
|
Before me,
|
|||||
|
[Notary Public/
Commissioner for Oaths/ other authorized person†] |
|||||
|
† Delete as
appropriate.
|
|||||
|
Warning: A
person convicted of making a false statement in respect of a proof of
debt shall be liable to a fine and imprisonment for 7 years.
|
|||||
|
To be returned to the
trustee.
|
|||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 47
[rule 109]
|
|||
|
Proof by trustee in prior
bankruptcy(Title)
|
|||
|
I, , of , make oath and say—
1. The said was adjudicated a bankrupt on , and I am the trustee under such bankruptcy.
|
|||
|
2. There was at the date of the bankruptcy [or
administration] order herein, namely, the day of , and still is an unsatisfied balance of
the debts provable in the foresaid bankruptcy, of which I am trustee,
amounting to $ as shown in the statement endorsed hereon
[or annexed
hereto and marked “A”].
|
|||
|
3. I claim to prove in the present bankruptcy for the said
amount.
Sworn, etc.
Before me,
Admitted to
vote for $
the day of .
|
|||
|
Trustee
Admitted to
rank for dividend
for $ this
day of . Trustee
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 48
[rule 110]
|
||||||||
|
Proof of debt of
employees(Title)
|
||||||||
|
(a) Fill in full name, address and occupation of
deponent.
(b) the above-named debtor or the supervisor of the above-named debtor or on behalf of the employees and others employed by the above-named debtor. (c) I or the said. (d) my employ or the employ of the above-named debtor. (e) me or the above-named debtor. |
I, (a) , of
(b) , make oath and say— 1. That (c) at the date of the bankruptcy order, viz. the day of , and still justly and truly indebted to the several persons whose names,
addresses and descriptions appear in the schedule endorsed hereon in
sums severally set against their names in the sixth column of such
schedule for wages due to them respectively as employees or others in
(d) in respect of services rendered by them
respectively to (e) during such periods before the date of the bankruptcy order
as are set out against their respective names in the fifth column of
such schedule, for which said sums, or any part thereof, I say that they
have not, nor hath any of them, had or received any manner of
satisfaction or security whatsoever.
Sworn, etc.,
(Signature)
|
|||||||
| Schedule referred to on the other side | ||||||||
|
1
No. |
2
Full name of employee |
3
Address |
4
Description |
5
Period over which wages due |
6
Amount due |
|||
|
|
|
|
|
|
$
|
¢
|
||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 49
|
||||
|
Notice of rejection of proof of
debt(Title)
|
||||
|
(a) If proof wholly rejected strike out words underlined.
|
Take notice,
that, as the trustee of the above estate, I have this day rejected your
claim against such estate (a) [to the extent
of $ ] on the following
grounds—
|
|||
|
And further
take notice that if you are dissatisfied with my decision in respect of
your proof you may apply to the court to reverse or vary the same, but
subject to the power of the court to extend the time, no application to
reverse or vary my decision in rejecting your proof will be entertained
after the expiration of (b) days from this date.
Dated
this day of .
|
||||
|
Trustee
To
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 50
|
||||
|
General
proxy(Title)
|
||||
|
(a) If a firm write “we” instead of “I” and set out the full name
of the firm.
(b) Here insert either “Mr.
of , a clerk, manager etc., in my regular employ,” or “Mr. of , my solicitor,” or “the trustee”. The standing of the person appointed must be clearly set out. |
I, (a) of , a
creditor, hereby appoint (b) to be (c) general proxy in the above matter [excepting as to the receipt of dividend (d)]. |
|||
|
Dated
this day of .
|
||||
|
(Signed) (e)
(Signature of
witness)
(Address)
|
||||
|
(c) “my” or “our”.
(d) See footnote 1.
(e) If a firm, sign the firm’s trading title, and add “by
A.B., a partner in the said firm”.
As to signature by agent, see footnotes 2 and 3. |
NOTES
1. When the creditor desires that his general proxy should
receive dividends he should strike out the words, “excepting as to
the receipt of dividend”, putting his initials thereto (f).
2. The authorized agent of a corporation may fill up blanks,
and sign for the corporation thus—
For
the Company, Limited.
J.S. (duly authorized under the seal of the
company)
3. A proxy given by a creditor may be filled up and signed
by any person in the employ of the creditor having a general
authority in writing to sign for such creditor. Such person shall
sign—
|
|||
|
J.S. (duly authorized by a general authority in
writing
to sign on behalf [name of creditor]) (g)
|
||||
|
(f) It is not intended that the trustee shall in any case receive
dividends on behalf of a creditor.
(g) The trustee may require the authority to sign to be produced
for his inspection.
|
Certificate to be signed by person other than
creditor filling up the above proxy
I, , of , being a [here state whether clerk or
manager in the regular employment of the creditor or a commissioner
to administer oaths in the Court of First Instance], hereby
certify that all insertions in the above proxy are in my own
handwriting, and have been made by me at the request of the
above-named
and in his presence, before he attached his signature [or mark] hereto. Dated
this day of .
(Signature)
|
|||
|
The proxy must
be lodged with the trustee not later than 24 hours before the time
appointed for the meeting at which it is to be used.
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 51
|
||||
|
Special
proxy(Title)
|
||||
|
(a) If a firm, write “we” instead of “I” and set out the full
name of the firm.
(b) Here insert either “Mr.
of ,” or “the trustee”. |
I, (a) of , a
creditor, hereby appoint (b) as (c) proxy at the meeting of creditors to be held on the day of , or at any adjournment thereof, to vote (d) . |
|||
|
Dated
this day of .
|
||||
|
(Signed) (e)
(Signature of
witness)
(Address)
|
||||
|
(c) “my” or “our”.
(d) Here insert the word “for” or the word “against” as the case
may require, and specify the particular resolution or name of proposed
trustee, remuneration, or other matter.
(e) If a firm, sign the firm’s trading title, and add “by
A.B., partner in the said firm”.
As to signature by agent see footnotes 2 and 3. (f) The trustee may require the authority to sign to be produced
for his inspection.
|
NOTES
1. A creditor may give a special proxy to any person to vote
at any specified meeting or adjournment thereof on all or any of the
following matters—
(a) for
or against any specific proposal for a voluntary
arrangement;
(b) for
or against the appointment of any specified person as trustee or as
member of the Creditors’ committee, or for or against the
continuance in office of any specified person, as trustee or member
of a Creditors’ committee;
(c) on
all questions relating to any matter, other than those above
referred to, arising from any specified meeting or adjournment
thereof.
2. The authorized agent of a corporation may fill up blanks,
and sign for the corporation thus—
For
the Company, Limited.
J.S. (duly authorized under the seal of the
company)
3. A proxy given by a creditor may be filled up and signed
by any person in the employ of creditor having a general authority
in writing to sign for such creditor. Such person shall
sign—
J.S. (duly authorized by a general authority in
writing
to sign on
behalf [name of creditor]) (f)
|
|||
|
Certificate to be signed by person other than
creditor filling up the above proxy
I, , of , being a [here state whether clerk or
manager in the regular employment of the creditor or a commissioner
to administer oaths in the Court of First Instance], hereby
certify that all insertions in the above proxy are in my own
handwriting, and have been made by me at the request of the
above-named
and in his presence before he attached his signature [or mark] hereto. Dated
this day of .
(Signature)
|
||||
|
The proxy must
be lodged with the trustee not later than 24 hours before the time
appointed for the meeting at which it is to be used.
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 52
[s. 19]
|
|||||
|
Application by the Official Receiver or Trustee for
an Order Appointing a Sitting for the Public Examination of the Bankrupt |
|||||
|
(a) Insert the name and address of the bankrupt.
|
Let (a)
|
||||
| attend before | as follows— | ||||
| Date | |||||
| Time | hours | ||||
| Place | |||||
|
|
|||||
|
on the hearing of an
application by the Official Receiver or trustee for an order that the
bankrupt be publicly examined in court pursuant to section 19 of
the Bankruptcy Ordinance (Chapter 6) at such time and place as the court shall direct
and that the bankrupt shall attend such public examination.
Dated
this day of .
|
|||||
|
Official Receiver
or Trustee |
|||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 53
[s. 19]
|
|||
|
Order Appointing a time for the Public
Examination of the Bankrupt |
|||
|
Upon the
application of the Official Receiver or Trustee
And upon
hearing
And upon
reading the evidence
It is ordered
that the bankrupt be publicly examined pursuant to section 19 of
the Bankruptcy Ordinance (Chapter 6) as follows—
|
|||
| Date | |||
| Time | hours | ||
| Place | |||
|
|
|||
|
And it is
ordered that the bankrupt shall attend at the time and place
above-mentioned for such purpose.
Dated
this day of .
Registrar |
|||
|
WARNING TO BANKRUPT: If
you fail without reasonable excuse to attend your public examination
at the time and place set out in the order, you will be liable to be
committed to prison without further notice. In addition, if you
commit perjury during your examination, you will be liable on
conviction to imprisonment for 7 years and a fine.
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 54
|
|||
|
Notice of day for proceeding with public examination
(Title) |
|||
|
Notice is
hereby given that the court has appointed
day, the day of , at o’clock in the noon, for Proceeding with the public examination of the above-named bankrupt, which, on the day of , was adjourned sine die. Dated
this day of .
|
|||
|
Official Receiver
or Trustee |
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 55
|
||||
|
Appointment of shorthand writer to take examination of
bankrupt(Title)
|
||||
|
Upon the
application of the Official Receiver or trustee the court hereby, pursuant to rule 23 of the
Bankruptcy Rules, appoints of
to take the examination of the said at his public examination this day. Dated
this day of .
|
||||
|
Registrar
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 56
|
|||
|
Declaration by shorthand
writer(Title)
|
|||
|
Before
I, , of , the shorthand writer appointed by the court to take down
the examination of the said , do solemnly and sincerely declare that I will truly and
faithfully take down the questions and answers put to and given by the
said in this matter, and will deliver true and
faithful transcripts thereof as the court may direct.
Dated
this day of .
Declared
before me at the time and place
above-mentioned. |
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 57
|
|||
|
Notes of public examination of bankrupt where a
shorthand writer is appointed(Title) |
|||
|
Public
examination of the bankrupt held this day of , before .
|
|||
|
The
above-named bankrupt, being sworn and examined at the time and place
above-mentioned, upon the several questions following being put to him,
gave the several answers thereto respectively following each question,
that is to say—
A
This is a
transcript of the notes of the public examination of , held this day of
. Shorthand writer duly appointed under rule
23
or
Shorthand writer attached to the
Official Receiver’s Office
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 58
|
|||
|
Notes of public examination of bankrupt where
shorthand writer is not appointed |
|||
|
Public
examination of the bankrupt held this day of , before .
|
|||
|
The
above-named bankrupt, being sworn and examined at the time and place
above-mentioned, upon his oath saith as follows—
A
These are the
notes of the examination of , held this day of .
Signature of person taking the
notes
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 59
[s. 19]
|
|||
|
Order of adjournment of public
examination(Title)
|
|||
|
(a) Insert here word “further” if necessary.
|
This being the
day appointed for the (a)
public examination of the above-named , and the said having submitted himself for such examination; now upon hearing the Official Receiver or trustee, and upon hearing and it appearing that . |
||
|
[Set out any further order of the court]
|
It is ordered
that the said public examination be adjourned to the day of , at in the
noon. And it is further ordered that the said do attend at the court on the said day of , for the purpose of being further examined as to his conduct, dealings, and property. And it is further ordered that the said . |
||
|
Date
this day of .
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Forms 60 — 61
(Repealed L.N. 81 of
1998)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 62
[s. 19]
|
|||
|
Memorandum of public examination of
bankruptcy(Title)
|
|||
|
Memorandum —
That I,
the above-named bankrupt, being sworn and examined upon my oath say that the notes of my public examination marked “A”, and appended hereto, were read over by or to me and are correct. And I further
say that, at the time of this my examination, I have delivered up to the
trustee of my estate, all property, estate and effects, and all books,
papers and writings relating thereto.
|
|||
|
And I further
say that I have made a full disclosure of all my assets and of all my
debts and liabilities of whatever kind, and that I have not removed,
concealed, embezzled or destroyed any part of my estate, real or
personal, nor any books of account, papers or writings relating thereto,
with an intent to defraud my creditors or to conceal the state of my
affairs.
|
|||
|
[Here insert any special matter]
Date
this day of .
Bankrupt
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 63
[s. 19]
|
|||
|
Order of court that examination is
concluded(Title)
|
|||
|
Whereas the
above-named A.B. has duly attended before the court and has been
publicly examined as to his conduct, dealings and property;
And whereas
the court is of opinion that the affairs of the said A.B. have
been sufficiently investigated, it is hereby ordered that the
examination of the said A.B. is concluded.
Date
this day of .
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 64
[s. 20B]
|
|||
|
Order Granting Stay Pending Hearing of
Application for Interim Order(Title) |
|||
|
(a) Insert full name and address of applicant.
|
Upon the
application of (a)
And upon
hearing
And upon
reading the evidence
|
||
|
(b) Insert details of any action, execution or other legal
process to be stayed.
|
It is ordered
that (b)
|
||
|
be stayed over the hearing of
the application for an interim order pursuant to section 20 of
the Bankruptcy Ordinance (Chapter 6), namely the day of
or over any adjournment thereof. Dated
this day of .
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 65
|
||||||
|
(a) Insert full name and address of applicant.
|
Upon the
application of (a)
And upon
hearing
And upon
reading the evidence
|
|||||
|
(b) Delete as applicable.
|
(b) [And upon
the application of , the nominee, for an extension of the
period for which the interim order shall have effect pursuant to section 20D(4)
of the Bankruptcy Ordinance (Chapter 6)]
|
|||||
|
(c) 14 days unless an extension is granted on the application of
the nominee.
|
It is ordered
that during the period of (c)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ days beginning with the day after the date of this order
and during any extended period for which this interim order has
effect— |
|||||
|
(d) Insert debtor’s name.
|
(i) | no bankruptcy petition relating to the above-named (d) | ||||
|
(the debtor) may be presented or proceeded with;
and
|
||||||
|
(ii)
|
no other proceedings, and no execution or other
legal process, may be commenced or continued against the debtor or his
property except with the leave of the court.
|
|||||
|
(e) Date to be 2 business days before the day on which the report
is to be considered.
|
And it is
ordered that the report of the nominee be submitted and delivered by him
to the court not later than (e)
[And it is
ordered that (f)
And it is
ordered that
|
|||||
|
(f) Insert details of any orders made under section 20C(3)
and (4) of the Bankruptcy Ordinance (Chapter 6).
|
||||||
|
(g) Delete if debtor is not a bankrupt or if he is a bankrupt but
the applicant is the Official Receiver.
|
(g) [And it is
ordered that the applicant forthwith serve a copy of this order on the
Official Receiver.]
|
|||||
| Date | ||||||
| Time | hours | |||||
| Place | ||||||
|
to be appointed for
consideration of the nominee’s report.
|
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 66
|
|||||
|
Order Extending Effect of Interim Order(Title)
|
|||||
|
(a) Insert full name and address of applicant.
|
Upon the
application of (a)
And upon
hearing
And upon
reading the evidence
|
||||
|
(b) Insert date of filing.
|
And the court
having this day considered the report of the nominee submitted pursuant
to section 20D
of the Bankruptcy Ordinance (Chapter 6) and filed on (b)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ . |
||||
|
(c) Insert date.
|
It is ordered
that the period for which the interim order made on (c)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ has effect be extended to (c) __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ to enable a meeting of the debtor’s creditors to be
summoned to consider the debtor’s proposals, such meeting as proposed by
the nominee to be held on— |
||||
|
(d) Date to be not less than 14 days from date of filing of
report under rule
122J of the Bankruptcy Rules (Cap.
6 sub. leg. A) nor more than 28 days from date of
consideration of report under rule 122L of
the Bankruptcy Rules (Cap.
6 sub. leg. A).
|
Date | (d) | |||
| Time | hours | ||||
| Place | |||||
|
And it is
ordered that this application be adjourned to—
|
|||||
| Date | |||||
| Time | hours | ||||
| Place | |||||
|
for consideration of the
report of the chairman of the Creditors’ meeting.
|
|||||
|
Dated
this day of .
|
|||||
|
Registrar
|
|||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 67
|
||||||
|
Alternative Orders to be Made at Hearing to
Consider Chairman’s Report(Title) |
||||||
|
(a) Insert full name and address of applicant.
|
Upon the
application of (a)
And upon
hearing
|
|||||
|
(b) Delete as applicable.
|
(b) [And upon
reading the report of the chairman of the Creditors’ meeting that the
said meeting had [approved the proposed voluntary arrangement with or
without modifications] [declined to approve the debtor’s proposal with
or without modifications.]]
|
|||||
|
[It is ordered
that this application be [adjourned generally with liberty to restore]
[adjourned to the day of to enable an application to be made to extend the time for
filing the report of the chairman of the Creditors’ meeting.]]
[And it is
ordered that the time for filing the said report be extended to this
day.]
And
whereas—
|
||||||
|
(i)
|
on the day of a bankruptcy petition No. of was filed by against the above-named
(the debtor); and |
|||||
|
(ii)
|
by virtue of section 20H(3)
of the Bankruptcy Ordinance (Chapter 6) the said petition is deemed, unless the court
otherwise orders, to have been dismissed.
|
|||||
|
The court makes no further order save that—
|
||||||
|
(i)
|
the registration of the petition as a pending
action at the Land Registry on
under Reference No. PA may be vacated upon the application of the debtor under the Land Registration Ordinance (Chapter 128); |
|||||
|
(c) Insert any other orders made in respect of the petition.
|
(ii)
|
(c) | ||||
|
Dated
this day of .
NOTICE TO
DEBTOR—(Where voluntary arrangement approved and there is a pending
petition which is deemed to be dismissed).
It is your
responsibility and in your interest to ensure that the registration of
the petition at the Land Registry is cancelled.
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Forms 68 — 78
(Repealed L.N. 81 of
1998)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 79
|
||||||
|
Application to annul
adjudication(Title)
|
||||||
|
(a) Delete as appropriate.
|
I,
R.S., of , being interested in this matter
[or I, , Official Receiver/trustee (a)] do
hereby make application to the court that the bankruptcy order against
A.B. be annulled [here state grounds of
application].
|
|||||
|
Dated
this day of .
(Signature)
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 80
[rule 12]
|
||||||
|
Order annulling
adjudication(Title)
|
||||||
|
(a) Delete as appropriate.
|
On the
application of R.S., of , [or On the application of the Official
Receiver/trustee (a)], and on reading and hearing , it is ordered that the bankruptcy order dated against A.B., of
, be and the same is hereby annulled. |
|||||
|
Dated
this day of .
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 81
[rule 88]
|
||||||
|
(a) Insert date.
|
in chambers
Upon the
application of the Official Receiver or trustee and after taking into
consideration his report filed on (a) as to the above-named bankrupt’s conduct during the
proceedings under the bankruptcy.
|
|||||
|
And upon
hearing
And upon
reading the evidence
And a
bankruptcy order having been made against the above-named bankrupt on
(a)
|
||||||
|
(b) Delete as applicable.
(c) State briefly in what respect the bankrupt has failed to
comply with his obligations.
|
And it
appearing to the court that the bankrupt (b) [has failed] [is failing]
to comply with his[her] obligations under the Bankruptcy Ordinance (Chapter 6) namely (c)
|
|||||
|
(d) Insert period for which discharge is to be suspended.
|
It is ordered
that the relevant period for the purposes of section 30A of
the Bankruptcy Ordinance (Chapter 6) shall cease to run (b) [for a period of (d)].
Dated
this day of .
Registrar
|
|||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 82
|
|||||||
|
Notice of Intention to Object to Bankrupt’s
Discharge under Section 30A(4) of the Bankruptcy Ordinance (Chapter 6)(Title) |
|||||||
|
(a) Insert name of creditor or trustee.
(b) Delete any paragraph which is not applicable.
|
TAKE notice
that I, (a) ____________________, intend to object to the bankrupt’s
discharge on one or more of the following grounds—
|
||||||
|
(i)
|
in the case of a discharge to which section
30A(2)(a) of the Bankruptcy Ordinance (Chapter 6) applies, that the bankrupt is likely within 5
years of the commencement of the bankruptcy to be able to make a
significant contribution to his[her] estate;
|
||||||
|
(ii)
|
that the discharge of the bankrupt would
prejudice the administration of his[her] estate;
|
||||||
|
(iii)
|
that the bankrupt has failed to co-operate in the
administration of his[her] estate;
|
||||||
|
(iv)
|
that the conduct of the bankrupt, either in
respect of the period before or the period after the commencement of the
bankruptcy, has been unsatisfactory;
|
||||||
|
(v)
|
without limiting section
30A(4)(c) or (d) of the Bankruptcy Ordinance (Chapter 6), that the bankrupt has departed from Hong Kong and
has failed forthwith to return to Hong Kong following a request to do so
from the trustee;
|
||||||
|
(vi)
|
that the bankrupt has continued to trade after
knowing himself/herself to be insolvent;
|
||||||
|
(vii)
|
that the bankrupt has committed an offence under
section
129 (fraudulent conduct on the part of the bankrupt) or any of
sections 131 to
136 of the Bankruptcy Ordinance (Chapter 6) (obtaining credit, gambling offences, failure to
keep proper accounts, absconding with property and concealing oneself to
avoid service of bankruptcy proceedings);
|
||||||
|
(viii)
|
that the bankrupt has failed to prepare an annual report of his/her
earnings and acquisitions for the trustee.
|
||||||
|
AND THAT I
propose to apply for an order under section 30A(3)
of the Bankruptcy Ordinance (Chapter 6) suspending the running of the relevant period for
the bankrupt’s discharge.
|
|||||||
|
Dated
this day of .
|
|||||||
|
Creditor/Official Receiver [or
Trustee]
|
|||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 82A
[s. 30AC]
|
|||||||
|
Order for Non-Commencement of Relevant
Period for Bankrupt under Section 30AC(1) of Bankruptcy Ordinance (Chapter 6)(Title) |
|||||||
|
(a) Insert full name of bankrupt.
(b) Delete as appropriate.
(c) Insert filing date.
|
On the
application of the trustee for a non-commencement order against the
above-named (a)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (bankrupt), and after
taking into consideration the trustee’s (b) [report][affidavit] filed on
(c) __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ .And on
hearing
And on reading
the evidence
|
||||||
|
(d) Insert date of bankruptcy order.
|
And on a
bankruptcy order made against the bankrupt on (d)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
||||||
|
And on an
initial interview on a day appointed by the trustee for the
administration of the bankrupt’s estate
|
|||||||
|
(e) Delete as appropriate.
|
And it appearing to the
court that (e) [the bankrupt has failed to attend the initial interview]
[the bankrupt has attended the initial interview, but failed to provide
the trustee at the initial interview with all of the information
concerning the bankrupt’s affairs, dealings and property as reasonably
required by the trustee]
|
||||||
|
And it appearing to the
court that the administration of the bankrupt’s estate was prejudiced by
the failure
And it appearing to the
court that there is no sufficient cause for a non-commencement order not
to be made under section 30AC(1) of the Bankruptcy Ordinance (Chapter 6) (Ordinance).
|
|||||||
|
It is ordered that—
|
|||||||
|
(1)
|
pursuant to section
30AC(2)(a)(i) of the Ordinance, the relevant period for the
bankrupt is treated as not commencing to run on the date of the
bankruptcy order, i.e. (d) __________;
|
||||||
|
(2)
|
the relevant period for the bankrupt does not
commence to run until the date as stated in the trustee’s notice under
section
30AC(3)(a) of the Ordinance and on which all of the following
term(s) has (have) been complied with—
|
||||||
|
(f) List the term(s) imposed by the court for commencement of
running of relevant period.
(g) List any other term(s) the court thinks fit.
|
(i) (f)
(ii) (f)
|
||||||
|
(3)
|
(g)
|
||||||
|
Dated
this day of .
Registrar
|
|||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 82B
|
|||||
|
Notice of Commencement of Relevant Period
for Bankrupt under Section 30AC(3)(a) of Bankruptcy Ordinance (Chapter 6)(Title) |
|||||
|
Take notice that—
|
|||||
|
(a) Insert full name of bankrupt. (b) Insert date of bankruptcy order.
(c) Insert date of non-commencement order.
|
(1)
|
a bankruptcy order was made against the
above-named (a) _________________ (bankrupt)
on (b) _________________, and an order that the relevant period for the
bankrupt is treated as not commencing to run on the date of the
bankruptcy order (non-commencement order) was made on (c)
_______________; and
|
|||
|
(d) Insert date on which all terms were complied with.
|
(2)
|
pursuant to section
30AC(3)(a) of the Bankruptcy Ordinance (Chapter 6), I confirm that all the term(s) imposed by the
court for the commencement of the running of the relevant period for the
bankrupt as specified in the non-commencement order was (were) complied
with on (d) _______________ such that the relevant period is treated as
commencing to run on that date.
|
|||
|
Dated this day of .
|
|||||
|
(e) Insert name of trustee.
|
Signed__________________ (e) |
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 83
|
|||||||
|
(a) Insert date.
(b) Insert bankrupt’s name.
|
TAKE notice
that under the provisions of section 30A of
the Bankruptcy Ordinance (Chapter 6) on (a) ____________ (b) ________________ will be
discharged from his [her] bankruptcy in the absence of any objections
from his [her] trustee in bankruptcy or creditors.
|
||||||
|
(c) Delete as applicable.
|
AND THAT I do
not intend to object to the bankrupt’s discharge. [intend to object to
the bankrupt’s discharge on the following grounds—] (c)
AND THAT the
bankrupt’s creditors have the right to object to his[her] discharge on
any of the following grounds—
|
||||||
|
(i)
|
in the case of a discharge to which section
30A(2)(a) of the Bankruptcy Ordinance (Chapter 6) applies, that the bankrupt is likely within 5
years of the commencement of the bankruptcy to be able to make a
significant contribution to his[her] estate;
|
||||||
|
(ii)
|
that the discharge of the bankrupt would
prejudice the administration of his[her] estate;
|
||||||
|
(iii)
|
that the bankrupt has failed to co-operate in the
administration of his[her] estate;
|
||||||
|
(iv)
|
that the conduct of the bankrupt, either in
respect of the period before or the period after the commencement of the
bankruptcy, has been unsatisfactory;
|
||||||
|
(v)
|
without limiting section
30A(4)(c) or (d) of the Bankruptcy Ordinance (Chapter 6), that the bankrupt has departed from Hong Kong and
has failed forthwith to return to Hong Kong following a request to do so
from the trustee;
|
||||||
|
(vi)
|
that the bankrupt has continued to trade after
knowing himself/herself to be insolvent;
|
||||||
|
(vii)
|
that the bankrupt has committed an offence under
section
129 or any of sections 131 to
136 of the Bankruptcy Ordinance (Chapter 6);
|
||||||
|
(viii)
|
that the bankrupt has failed to prepare an annual
report of his/her earnings and acquisitions for the trustee.
|
||||||
|
AND THAT if
any of the bankrupt’s creditors wish to object to the bankrupt’s
discharge he [she] or they must do so on Form 82 notifying the court and
me not less than 14 days before (a) _____________________________.
Dated
this day of .
Trustee
|
|||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 84
[rule 90]
|
|||||
|
Application for Early Discharge of Bankrupt
under Section 30B(1) of the Bankruptcy Ordinance (Chapter 6)(Title) |
|||||
|
(a) Insert full name and address of bankrupt.
|
I, (a) | ||||
| , | |||||
| hereby apply to the court for an order for my early discharge from bankruptcy. | |||||
|
(b) Delete as appropriate.
|
I have not
previously been adjudged bankrupt [or I have previously been adjudged
bankrupt, but more than 3 years have elapsed since the date of the first
bankruptcy order/adjudication order] (b).
|
||||
|
None of the
circumstances set out in section 30B(2)
of the Bankruptcy Ordinance (Chapter 6) applies to me.
|
|||||
|
(c) Insert date.
|
The grounds on
which I claim to be entitled to be discharged from bankruptcy are set
out in my affidavit sworn on (c) a copy of which affidavit accompanies this application.
|
||||
|
(d) State the names and addresses of the trustee(s) to be
served.
|
The names and
addresses of the trustee(s) upon whom this application should be served
are— (d)
|
||||
|
(e) State the bankrupt’s address for service.
|
The bankrupt’s
address for service is— (e)
|
||||
|
Dated
this day of .
Signed
_____________________________
|
|||||
| (Solicitor for the)
Bankrupt |
|||||
|
ENDORSEMENT
|
|||||
|
This
application having been filed in court on __________________ , it is
ordered that the application shall be heard as follows—
|
|||||
| Date | |||||
| Time | hours | ||||
| Place | |||||
|
Registrar
|
|||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 85
[rule 89]
|
||||
|
Application by Bankrupt
under Section 30A(7) of
the Bankruptcy Ordinance (Chapter 6) for
Lifting a Suspension of the Running of the Relevant Period for Discharge Imposed by the Court under Section 30A(3) of the Ordinance(Title) |
||||
|
(a) Insert name and address of person(s) to attend hearing.
|
Let (a)
|
|||
|
|
||||
|
attend before as follows—
|
||||
| Date | ||||
| Time | hours | |||
| Place | ||||
|
(b) Insert name.
(c) Insert date.
|
on the hearing of an application by (b)
the bankrupt for an order that the suspension of the running of the relevant period for his [her] discharge imposed by the court under section 30A(3) of the Bankruptcy Ordinance (Chapter 6) on (c) be lifted. The grounds on
which the bankrupt claims to be entitled to the order are set out in the
affidavit of the bankrupt sworn on (c) a copy of which affidavit accompanies this application.
|
|||
|
(d) State the names and addresses of the persons to be
served.
|
The names and
addresses of the persons upon whom this application should be served are
(d)
|
|||
|
(e) State the bankrupt’s address for service.
|
The bankrupt’s
address for service is—(e)
|
|||
|
Dated
this day of .
Signed
_____________________________
|
||||
| (Solicitor for the)
Bankrupt |
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 86
[rule 89]
|
||||||
|
Order of Court Lifting Suspension of Discharge(Title)
|
||||||
|
in chambers
|
||||||
|
(a) Insert full name and address of bankrupt.
|
Upon the
application of (a)
|
|||||
|
(b) Delete as applicable.
(c) Insert name of Official Receiver’s representative or
trustee.
|
the above-named bankrupt, (b) [and after taking
into consideration the report of (c)
in this matter]. And upon
hearing
|
|||||
|
And upon
reading the evidence
|
||||||
|
(d) Insert date.
|
It is ordered
that the order made on (d)
|
|||||
|
(e) Insert terms of previous order.
|
whereby it was ordered that (e)
be discharged.
|
|||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 87
[rule 89]
|
||||||
|
Certificate that Order Suspending
Discharge has been Lifted(Title) |
||||||
|
(a) Insert full name and address of bankrupt.
|
A bankruptcy
order having been made by this court against (a)
|
|||||
|
(b) Insert date.
|
on (b) and an order suspending the above-named bankrupt’s discharge
having been made on (b)
It is
certified that the said order of suspension of discharge was lifted on
(b)
|
|||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 88
[rule 92]
|
||||||
|
Certificate of Discharge(Title)
|
||||||
|
(a) Insert full name and address of bankrupt.
|
A bankruptcy
order having been made by this court against (a)
|
|||||
|
(b) Insert date of bankruptcy order.
|
on (b)
|
|||||
|
(c) Insert full name of bankrupt.
|
It is
certified that the said (c)
|
|||||
|
(d) Insert effective date of discharge.
|
was discharged from his bankruptcy on (d)
|
|||||
|
Dated
this day of .
NOTICE TO BANKRUPT OR PERSONAL REPRESENTATIVE OF BANKRUPT (IF BANKRUPT IS
DECEASED)—
Should you
require
the
trustee to publish a notice under rule 92(2) of the Bankruptcy Rules
(Cap.
6 sub. leg.
A),
you should, within ___________ days, notify the trustee, enclosing the
prescribed fee, details of which can be obtained by contacting the
trustee.
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Forms 89 — 93
(Repealed L.N. 81 of
1998)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 94
[rule 29]
|
||||||
|
Application by trustee for committal of bankrupt or other
person(Title)
|
||||||
|
I, the trustee
of the property of the said bankrupt [or as the case may be], do
apply to the court for an order of committal for contempt of the court
against the said bankrupt [or L.M., ], on the ground set forth in the annexed affidavit.
|
||||||
|
Dated
this day of .
|
||||||
|
Trustee
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form 95
(Repealed L.N. 81 of
1998)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 96
[rule 29]
|
||||||
|
Affidavit in support of application for committal of bankrupt for
contempt under section 26 or
55(Title)
|
||||||
|
(a) Delete as appropriate.
|
I, , the Official Receiver of the estate of the said
bankrupt/the trustee of the property of the said bankrupt (a) make oath,
and say—
|
|||||
|
Where bankrupt does not submit to examination.
|
[1. That the said bankrupt did attend at a general meeting of his
creditors for the purpose of appointing a trustee held on the day of , at , and wilfully refused to submit to be examined at such
meeting in respect of his property [or his creditors], the
submitting to examination being a duty imposed upon him by the
Bankruptcy Ordinance (Chapter 6).]
|
|||||
|
or
|
||||||
|
Where bankrupt fails to attend a meeting other than
the first.
|
[1. That the said bankrupt did wilfully fail to attend a meeting
of his creditors held on the day of
, at [or to wait on me at my office on the day of ], the attending such meeting [or waiting on me] being a duty imposed upon him by the Bankruptcy Ordinance (Chapter 6).] or
|
|||||
|
Where bankrupt fails to execute a deed.
|
[1. That the said bankrupt has wilfully failed to execute
[here describe the deed, etc., that he has failed to
execute], the execution of such deed when required by me being a
duty imposed upon him by section 26
[or 55] of the Bankruptcy Ordinance (Chapter 6).]
|
|||||
|
Where bankrupt fails to attend a meeting other than
the first or to execute a deed.
|
2. [That the said bankrupt was on the day of , duly served with a notice, a copy of
which is hereunto annexed, by leaving the same at his usual place of
residence, requiring him to attend the said meeting], [or to
execute the above-mentioned deed, etc.]
Or
|
|||||
|
Where bankrupt fails to obey special orders of
court.
|
[1. That the said bankrupt has wilfully failed to perform the duty imposed upon him by section 26 of
the Bankruptcy Ordinance (Chapter 6) (here insert any act he has been required to do
by any special order of the court, stating the day on which the
order was made).]
|
|||||
|
2. [That the said bankrupt was duly served with a copy of such
order by leaving the same at his usual place of residence on the day of .]
Or
|
||||||
|
Where bankrupt has failed to deliver up property.
|
[1. That the said bankrupt has failed to deliver up possession of
(here state the property he has failed to deliver up), which
property is divisible amongst his creditors under the Bankruptcy
Ordinance (Chapter 6) and which said property was
(or is) in his possession or control, he having been required
by me to deliver up the said property by notice, a copy of which is
hereunto annexed, and which notice was served upon him on
the
day of , at .] |
|||||
|
Sworn at,
etc.
|
||||||
|
Official Receiver
[or Trustee] |
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 97
[rule 29]
|
||||||
|
Affidavit of trustee under section
53(5)(Title)
|
||||||
|
I,
G.H., the trustee of the property of the said A.B., a
bankrupt, make oath and say—
|
||||||
|
1. That I believe that L.M., of , hath in his possession or power as [here set out the
capacity in which the person stands to the bankrupt] certain
moneys [and securities] belonging to the bankrupt, that is to say
[here set out and describe the particular moneys and
securities].
|
||||||
|
2. That on the day of , I did apply personally to the said
L.M. to pay and deliver to me the said moneys and securities,
and that he did not then pay or deliver, nor has he since paid or
delivered, to me the same [or That I, on the day of , posted a letter to the said
L.M., addressed to him at
, calling upon him to, etc., and that on the day of , I posted another letter, by which I again called upon him to, etc., and that he has failed to pay and deliver the same]. |
||||||
|
3. That I firmly believe that the said L.M. is not
entitled by law to retain such moneys [and securities] as against the
bankrupt or against me as the trustee of the property of the bankrupt.
Sworn at,
etc.
|
||||||
|
Trustee
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 98
|
||||||
|
Notice of application for committal under section
110(Title)
|
||||||
|
To
Take notice
that C.D., of , will on the day of , at o’clock in the noon, apply to the court for an order for your committal to
prison for contempt of this court, you having disobeyed the order of the
court made on the day of , [here set out order]. And further take notice that
you are required to attend the court on such day at the hour before
stated, to show cause why an order for your committal should not be
made.
|
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 99
|
||||||
|
Notice of application for committal under section
26(Title)
|
||||||
|
To the said A.B., bankrupt.
Take notice
that the trustee [or Official Receiver] of the property of the
said bankrupt will on the day of , at o’clock in the
noon, apply to the court for an order for your committal to prison for contempt of this court, you having failed to perform the duty imposed on you by section 26 of the Bankruptcy Ordinance (Chapter 6) [here set out the duty he has failed to perform]. And further take notice that you are required to attend the court on such day at the hour before stated to show cause why an order for your committal should not be made. |
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 100
|
||||||
|
Notice of application for committal under section
53(5)(Title)
|
||||||
|
To [here
insert name, address and description of the person to whom the
notice is to be sent].
Take notice
that the trustee [or Official Receiver] of the property of the
bankrupt will on the day of , at o’clock in the noon, apply to the court for an order for your committal to
prison for contempt of this court you having failed to pay and deliver
to him certain moneys [and securities] belonging to the bankrupt in your
possession or power as [here state whether as treasurer, banker,
etc.], that is to say [here set out and describe the
particular moneys and securities]. And further take notice that
you are required to attend the court on such day at the hour before
stated to show cause why an order for your committal should not be made.
|
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 101
[s. 110]
|
||||||
|
Order of committal under section
110(Title)
|
||||||
|
Whereas by an
order of this court made on the
day of , [here recite the order]. Now upon the application of C.D., of , and upon hearing A.B. [or as the case may be], [or if he does not appear] reading the affidavit of [here insert name and description of person by whom the order was served on A.B.], and upon reading the affidavit of [enter evidence], the court being of opinion that the said A.B. has been guilty of a contempt of this court by his disobedience of the said order, it is ordered that the said A.B. do stand committed to [here insert prison] for his said contempt. |
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 102
[s. 26(4)]
|
||||||
|
Order of committal under section
26(Title)
|
||||||
|
Upon the
application of the trustee [or Official Receiver] of the property
of the bankrupt, and upon hearing the bankrupt [or if he does not
appear], and reading the affidavit of [here insert name and
description of person by whom the notice to show cause was
served] and upon reading the affidavit of [enter
evidence], the court being of opinion that the bankrupt has been
guilty of a contempt of this court by having failed to [here follow
the notice], it is ordered that the bankrupt do stand committed
to [here insert prison] for his said contempt.
|
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 103
[s. 53(5)]
|
|||||||
|
Order of committal under section
53(5)(Title)
|
|||||||
|
Upon the
application of the trustee of the property of the bankrupt, and upon
hearing L.M. [or if L.M. does not appear] and reading the
affidavit of [here insert name and description of person by whom the
notice to show cause was served] and upon reading the affidavit
of [enter evidence] the court being of opinion that L.M.
has been guilty of a contempt of this court by having failed to pay and
deliver to the said trustee certain moneys [and securities] [here
follow the notice], it is ordered that the said L.M. do
stand committed to [here insert prison] for the said contempt.
|
|||||||
|
Dated
this day of .
|
|||||||
|
Registrar
|
|||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 104
|
||||||
|
Affidavit of non-compliance with order of
court(Title)
|
||||||
|
I, L.M.
of make oath and say—
1. That G.H. of was by an order of the court made on the day of , ordered to [here set out order].
2. That [a copy of] the said order was duly served on the said
G.H.
3. That the said G.H. has failed to obey the order.
|
||||||
|
Sworn,
etc.
|
||||||
|
(Signature)
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 105
[rule 26]
|
||||||
|
Warrant of committal for
contempt(Title)
|
||||||
|
To the Bailiff
of the High Court of Hong Kong and his assistants and to all police
officers of Hong Kong and to the Commissioner of Correctional
Services.
|
||||||
|
Whereas by an
order of this court bearing date the
day of , it was ordered that the said debtor or bankrupt [or L.M. of ] should stand committed for contempt of this court. |
||||||
|
These are
therefore to require you the said bailiff, and others, to take the said
debtor or bankrupt [or L.M.] and to deliver him to the
Commissioner of Correctional Services, and you the said Commissioner to
receive the said debtor or bankrupt [or L.M.], and him safely to
keep in prison in your custody until such time as this court shall
order; and you the said Commissioner shall, while the said debtor or
bankrupt [or L.M.] is in your custody, at all times when the
court shall so direct produce the said debtor or bankrupt [or
L.M.] before the court.
|
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form
106
|
||||||
|
Order for discharge from custody on
contempt(Title)
|
||||||
|
Upon
application made this day of for A.B., who was committed to
prison for contempt by order of this court, dated the day of , and upon reading his affidavit showing
that he has cleared [or is desirous of clearing] his contempt and
has paid the costs occasioned thereby, and upon hearing the trustee
[or Official Receiver or C.D. of ], it is ordered that the Commissioner of Correctional
Services do discharge the said A.B. out of his custody, as to the
said contempt.
|
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form
107
|
||||||
|
Order for production of person in prison for examination
before the
court(Title)
|
||||||
|
Upon
application made this day of
by [applicant] for an order for the production of A.B., who was committed to prison for contempt by order of this court dated the day of , for examination before this court, it is ordered that the Commissioner of Correctional Services do cause the said A.B. to be brought in custody before the court at on the day of for examination before the court, and afterwards to be taken back to prison to be there safely kept pursuant to the said order. |
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 108
|
||||||
|
Search
warrant(Title)
|
||||||
|
Whereas by
evidence duly taken upon oath it hath been made to appear to the court
that there is reason to suspect and believe that property of the said
debtor or bankrupt is concealed in the house [or other place,
describing it, as the case may be] of one X.M.,
of
such house [or place] not belonging to the said debtor or bankrupt. These are
therefore to require you to enter in the daytime into the house [or
other place, describing it] of the said X.M. situate at
aforesaid, and there diligently to search
for the said property, and if any property of the said debtor or
bankrupt shall be there found by you on such search, that you seize the
same, to be disposed of and dealt with according to the provisions of
the Bankruptcy Ordinance (Chapter 6).
|
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
|
To the Bailiff
of the High Court and his assistants
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 109
|
||||||
|
Warrant of
seizure(Title)
|
||||||
|
Whereas on
the day of , a bankruptcy order was made against the said bankrupt:
These are therefore to require you forthwith to enter into and upon the
house and houses, and other the premises of the said bankrupt, and also
in all other place and places belonging to the said bankrupt where any
of his goods and moneys are, or are reputed to be; and there seize all
the ready money, jewels, plate, household stuff, goods, merchandise,
books of account, and all other things whatsoever, belonging to the said
bankrupt, except his necessary clothing, bedding, furniture and
household equipment, as excepted by the Bankruptcy Ordinance (Chapter 6).
And that which
you shall so seize you shall safely detain and keep in your possession
until you shall receive other orders in writing for the disposal thereof
from the trustee [or Official Receiver]; and in case of
resistance or of not having the key or keys of any door or lock of any
premises belonging to the said bankrupt where any of his goods are or
are suspected to be, you shall break open, or cause the same to be
broken open, for the better execution of this warrant.
|
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
|
To the Bailiff
of the High Court and his assistants
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 110
|
||||||
|
Warrant against debtor about to quit Hong Kong,
etc.(Title)
|
||||||
|
To the Bailiff
of the High Court of Hong Kong and his assistants and to all police
officers of Hong Kong and to the Commissioner of Correctional
Services.
|
||||||
|
Whereas, by
evidence taken upon oath, it hath been made to appear to the
satisfaction of the court that there is probable reason to suspect and
believe that the said A.B., of has absconded and gone outside Hong Kong [or quitted
his place of residence], [or is about to go outside Hong Kong
(or quit his place of residence)] with a view to avoiding
service of a bankruptcy petition [or to avoiding appearing in a
bankruptcy petition, or to avoiding examination in respect of his
affairs, or otherwise delaying or embarrassing the proceedings in
bankruptcy or to avoiding payment of a debt in respect of which a
statutory demand has been served or an attempt to serve a statutory
demand has been made].
|
||||||
|
[Or
that there is probable cause to suspect and believe that the said
A.B. is about to remove his goods or chattels with a view to
preventing or delaying such goods or chattels being taken possession of
by the trustee of the property of the bankrupt or that the said
A.B. has concealed (or is about to conceal or destroy)
his goods or chattels, or some of them, or his books, documents or
writings, or some or one of them, which books, documents or writings, or
some or one of them, may be of use to the creditors in the course of the
bankruptcy of the said A.B.]
|
||||||
|
[Or
that it hath been made to appear to the satisfaction of this court that
the said A.B. has removed certain of his goods and chattels in
his possession, above the value of $500, without the leave of the
Official Receiver or trustee, that is to say (here describe the goods
or chattels).]
|
||||||
|
[Or
that the said A.B. did without good cause fail to attend at this
court on the day of , for the purpose of being examined, according to the
requirements of an order of this court made on the
day of , directing him so to attend.] [Or
that there is probable cause for believing that the said A.B. has
committed an offence punishable under the Bankruptcy Ordinance (Chapter 6).]
|
||||||
|
These are
therefore to require you the said bailiff, and others, to take the said
A.B. and to deliver him to the Commissioner of Correctional
Services and you the said Commissioner to receive the said A.B.,
and him safely to keep in prison until such time as this court may
order.
|
||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
(G.N.A. 124 of 1955; L.N. 46 of 1964; L.N. 232 of
1984; L.N. 81 of 1998; 23 of 1998 s. 2; 25 of 1998 s. 2)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 111
[s. 28]
|
||||||
|
(a) Here insert the full address or addresses.
(b) “the said Official Receiver [or trustee] at
” or otherwise as the court may direct. |
Upon the
application of the Official Receiver [or the
trustee] of the property of the above bankrupt, it is ordered that for a
period of 3 months from the day of , all post letters, telegrams and postal
packets directed or addressed to the said bankrupt, at (a) shall be re-directed, sent or delivered by the Postmaster
General, or officers acting under him, to (b) except any letter on which there is a specific direction
signed by the Official Receiver [or trustee] that it is to be
delivered as addressed, if possible, and that a sealed duplicate of this
order be forthwith transmitted by the Official Receiver [or
trustee] to the Postmaster General, or officers acting under him.
|
|||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 112
|
|||||
|
(a) Insert the name and address of the person to attend
court.
(b) Insert the name of the person to attend court.
|
Let (a)
|
||||
| attend before | as follows— | ||||
| Date | |||||
| Time | hours | ||||
| Place | |||||
|
(c) State any particular documents required, e.g., all ledgers
and books of account, invoices, statements of account, letters, books,
papers and documents of every kind, in any manner relating to your
dealings and transactions with A.B. a bankrupt,
touching a debt alleged to be due by you to the said bankrupt’s estate
amounting to the sum of $ .
|
on the hearing of an
application by the Official Receiver or trustee for an order that (b)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ shall attend the court at such time and
place as the court shall direct for the purpose of giving evidence in
the above matter, and then and there to have and produce (c) __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ .Dated this day of .
|
||||
|
Registrar
|
|||||
|
Note:
This summons is issued on the application of the Official Receiver
or trustee, and take notice, that if the sum of $
, stated to be due by you to this estate, be paid to , Official Receiver or trustee, at , on or before the day of , this summons will be discharged. If you fail without lawful impediment to
attend the court at such time and place as the court shall direct,
the court may by warrant cause you to be apprehended and brought up
for examination.
|
|||||
|
If you commit perjury while giving evidence in
connection with this matter, you will be liable on conviction to
imprisonment for 7 years and a fine.
|
|||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 113
|
|||
|
Admission of debt by debtor of
bankrupt(Title)
|
|||
|
In the matter
of A.B. of , a bankrupt.
|
|||
|
I, the
undersigned J.K. of , do hereby admit that I am indebted to the said bankrupt in
the sum of $ upon the balance of accounts between
myself and the said bankrupt.
|
|||
|
J.K.
|
|||
|
Dated
this day of .
Witness,
C.D.,
Registrar,
[or
Official Receiver]
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 114
|
|||
|
Order to pay
debt(Title)
|
|||
|
Whereas on the
examination before the court of J.K. of , it has appeared to the court that the said J.K. is
indebted to the said bankrupt in the sum of $ , on the balance of accounts between him and the bankrupt; it
is ordered that the said J.K. do pay to the trustee of the
property of the bankrupt, in full discharge of the said sum the sum of
$ forthwith [or if otherwise state the
time and manner of payment], and do further pay to the said
trustee the sum of $ for costs.
|
|||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 115
|
|||
|
Warrant to apprehend a person summoned under section
29(Title)
|
|||
|
To the Bailiff
of the High Court of Hong Kong and his assistants and to all police
officers of Hong Kong and to the Commissioner of Correctional
Services.
|
|||
|
Whereas by
summons dated the day of , and directed to A.B., of [or
F.M., of ], the said A.B. [or F.M.]
was required personally to be and appear on the day of
at o’clock in the noon at the court to be examined [and produce such document as hereinafter mentioned] which said summons was afterwards on the day of as hath been proved upon oath duly served upon the said and a reasonable sum was tendered him for his expenses, and whereas the said having no lawful impediment made known to and allowed by the court at the time of its sitting hath refused to appear before the court at the time appointed [and/or hath refused to produce a document in his custody or power relating to the bankrupt, his dealings, or property which the court has required him to produce]. These are, therefore, to require and authorize you and every of you, the said bailiff and your assistants and police officers and constables immediately upon receipt hereof to take the said A.B. [or |
|||
|
F.M.], and bring him before this court at
such time and place as this court shall direct, in order to his being
examined as aforesaid, and in the meantime him safely to keep or deliver
to the Commissioner of Correctional Services and forthwith, after such
taking and delivery, to report the same to the court, and obtain its
direction or order fixing a day, time and place for the examination of
the said A.B. [or F.M.], and you the said Commissioner of
Correctional Services to receive the said A.B. [or F.M.],
and him safely keep in prison and in your custody to await the direction
or order of the court, and to produce him before the court at such time
and place as shall be specified in such direction or order, and for so
doing this shall be a sufficient warrant to you and every of you.
|
|||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 116
|
|||
|
Order for production of person apprehended under warrant
under section 29 for examination before the
court(Title)
|
|||
|
Upon report
made to the court the day of
, that A.B. has been apprehended under a warrant issued by the court on the day of , it is ordered that the Commissioner of Correctional Services do cause the said A.B. to be brought in custody before the court sitting on the day of at o’clock in the noon for examination before the court, and in the meantime to be safely kept, and afterwards if the court shall so direct to be taken back to prison and there safely kept pursuant to the said warrant. |
|||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 117
[rule 127]
|
|||||||||||||
|
Register of assignment of book debts
|
|||||||||||||
|
Satisfaction entered*
|
No. |
Assignor
|
Assignee
|
Nature of assign-ment
|
Consid-eration |
Date |
Date of regist-ration
|
Remarks |
|||||
|
Name |
Address |
Occu-pation
|
Name |
Address |
Occu-pation
|
||||||||
|
|
|||||||||||||
|
* For use only in case of assignment by way of
security or other charge.
|
|||||||||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 118
|
|||
|
Notice of Application for Income Payment Order(Title)
|
|||
|
To
A.B.
Take notice
that I intend to apply to the court on the
day of , , at o’clock in the noon, for an order under section 43E of the Bankruptcy Ordinance (Chapter 6) for the payment of a part of your pay [or salary or income] to me as trustee for the benefit of the creditors under your bankruptcy. Unless at least 7 days before the date fixed for the hearing you send to the court and to me written consent to an order being made in the terms of the application, you are required to attend the hearing; and if you attend, you will be at liberty to show cause why the order should not be made, or an order should be made otherwise than as applied for by me. |
|||
|
Dated
this day of , .
|
|||
|
G.H., Trustee
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form 119
(Omitted as
spent)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 120
|
|||
|
in chambers
|
|||
|
(a) Insert full name and address of applicant.
|
Upon the
application of (a)
And upon
hearing
|
||
|
(b) Delete as applicable.
(c) Insert total amount to be paid.
|
(b) [And upon
the consent of the above-named bankrupt] it appears to the court that
the sum of $(c)
should be paid by the above-named bankrupt by (d) |
||
|
(d) Insert intervals at which instalments are to be paid e.g.
weekly/monthly and amount to be paid in each instalment.
|
to the trustee until (e)
It is ordered
that the above-named bankrupt to pay
(d)
out of his income, the first of such instalments to be made on or before
(f)
|
||
|
(e) Insert date to which order is to remain in force.
(f) Insert date of first payment.
(g) Insert name and address of trustee to whom payments are to be
sent.
|
And it is
ordered that the above-named bankrupt do send the payments to (g)
|
||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 121
|
|||
|
in chambers
|
|||
|
(a) Insert full name and address of applicant.
|
Upon the
application of (a)
And upon
hearing
|
||
|
(b) Delete as applicable.
(c) Insert total amount to be paid.
(d) Insert intervals at which instalments are to be paid e.g.
weekly/monthly and amount to be paid in each instalment.
(e) Insert date to which order is to remain in force.
|
(b) [And upon
the consent of the above-named bankrupt] it appears to the court that
the sum of $(c)
should be paid by the above-named bankrupt by (d) to the trustee until (e)
It is ordered
that
(f)
do take (d)out of the above-named bankrupt’s income, the first of such instalments to be paid on or before (g) And it is
ordered that
(f)
|
||
|
(f) Insert full name and address of payer.
(g) Insert date of first payment.
(h) Insert name and address of trustee to whom payments are to be
sent.
|
do send the sums deducted to (h)
|
||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form
122
(Omitted as
spent)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 123
|
|||
|
Notice to landlord of intention to disclaim leasehold
property not sublet or mortgaged(Title) |
|||
|
(a) lease or tenancy as the case may be.
(b) Here specify property let.
|
Take notice
that I intend to disclaim the (a)
dated whereby (b) was let to the above-named bankrupt as a rent of $ If you require
the matter to be brought before the court, you must give notice thereof
to me in writing within 7 days of the receipt by you of this notice.
|
||
|
Dated
this day of .
|
|||
|
Trustee
|
|||
|
To
The landlord
of the above-mentioned
property |
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 124
|
|||
|
Notice of intention to disclaim leasehold property
sublet or mortgaged(Title) |
|||
|
(a) Here insert particulars of demised property.
(b) the above-named bankrupt or as the case may be.
|
Take notice
that I intend to disclaim the lease dated
whereby (a) was let to (b) at a rent of $ If you require
the matter to be brought before the court, you must give notice thereof
to me in writing within 14 days of the receipt by you of this
notice.
|
||
|
Dated
this day of .
|
|||
|
Trustee
|
|||
|
To
The landlord
of the above-mentioned
premises and |
|||
|
To
The
sub-tenant, or mortgagee
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 125
|
|||
|
Disclaimer without notice of intention to
disclaim(Title)
|
|||
|
(a) lease dated the
or as the case may be. (b) Insert description of the property.
(c) on a tenancy or for a term of years or as the case
may be.
(d) Insert names and addresses of persons to whom notice
given.
|
I, , the trustee of the property of the above-named bankrupt,
hereby disclaim the (a) of the premises (b) which were let to the above-named bankrupt (c) at a rent of $ per
Notice of this
disclaimer has been given to (d)
|
||
|
Dated
this day of .
|
|||
|
Trustee
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 126
|
|||
|
Disclaimer of leasehold property after notice
to landlord, mortgagees, etc.(Title) |
|||
|
(a) Here insert names and addresses of persons to whom
notice of intention to disclaim has been given.
(b) Here insert particulars of demised property.
(c) the above-named bankrupt or as the case may be.
(d) Insert names and addresses of persons to whom notice
of disclaimer has been given.
|
Pursuant to
notice dated the day of , addressed to (a) I, , the trustee of the property of the
above-named bankrupt, hereby disclaim the lease dated the day of , whereby (b)
were let to (c) at a rent of $ for a term of Notice of this
disclaimer has been given to (d)
|
||
|
Dated
this day of .
|
|||
|
Trustee
|
|||
|
(Address)
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 127
|
|||
|
Disclaimer of lease with leave of
court(Title)
|
|||
|
(a) Insert description of the property disclaimed.
|
Pursuant to an
order of court dated the day of , I, , the trustee of the property of the
above-named bankrupt, hereby disclaim all interest in the lease dated
the day of , whereby the premises (a) were demised to at a rent of $ per annum, for a term of
Notice of this
disclaimer has been given to
|
||
|
Dated
this day of .
|
|||
|
Trustee
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 128
|
|||
|
Notice of disclaimer without leave of
court(Title)
|
|||
|
(a) the lease dated the day of or as the case may be.
(b) Insert description of property disclaimed.
(c) on a tenancy or for a term of years or as the case
may be.
(d) Add where necessary pursuant to notice dated
the
day of . |
Take notice
that, by writing under my hand, bearing date the day of , I, , the trustee of the property of the above-named bankrupt,
disclaimed (a) of the premises known as (b) which were let to (c) at a rent of $ per (d)
The
above-mentioned disclaimer has been filed in court with the proceedings
in the bankruptcy [and has been registered in the Land Registry].
Your attention
is directed to the provisions of the Bankruptcy Ordinance (Chapter 6) on the back hereof.
|
||
|
Dated
this day of .
|
|||
|
Trustee
To
(Address)
|
|||
|
NOTE—On the
back of this notice the provisions of subsections (2) and (6) of
section
59 of the Bankruptcy Ordinance should appear.
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 129
|
|||
|
Notice of disclaimer of lease with leave of
court(Title)
|
|||
|
Take notice
that pursuant to an order of court dated the
day of , I, , the trustee of the property of the above-named bankrupt, by writing under my hand bearing date the day of disclaimed all interest in the lease dated the day of , whereby the premises were demised to at a rent of $ per annum, for a term of . The
above-mentioned disclaimer has been filed in court with the proceedings
in the bankruptcy [and has been registered in the Land Registry].
|
|||
|
Dated
this day of .
|
|||
|
Trustee
To
(Address)
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 130
|
|||
|
Form of notice by landlord or other person
requiring trustee to bring matter of intended disclaimer of property burdened with onerous covenants before the court(Title) |
|||
|
To:
Trustee of the
property of the above-named bankrupt
Sir,
I hereby give
you notice that the bankrupt was, at the date of the bankruptcy order,
interested as lessee [or as the case may be] in the property
described in the schedule to this notice, and that as such lessee [or
as the case may be] the bankrupt was liable in respect of
[set out nature of the bankrupt’s liability] which liability
has devolved on you as trustee in bankruptcy of his property, and I
hereby require you to bring the matter of your intended disclaimer of
the bankrupt’s interest in the said property before the court.
|
|||
|
I am, etc.,
(Signature)
[State how interested in the property]
|
|||
|
Schedule to notice
when given by lessor
|
|||||||
|
Date of lease |
Names, addresses and
descriptions
of parties to lease |
Full description of property leased |
Term and rent |
Date of assignment to bankrupt (if any) |
Names and addresses
of parties to assignment
(if any) |
Particulars
of any notices of mortgage of lease by bankrupt |
|
|
|
|||||||
|
Schedule to notice
when given by mortgagee or assignee
|
|||||||||
|
Date of lease |
Names and addresses of parties to lease |
Descrip- tion of prop- erty leased |
Term and rent |
Date of mort- gage |
Names and addresses of parties to mortgage |
Term con- veyed by mort- gage |
Amount secured by mort- gage |
Particulars of any
transfer of mortgage, with dates and names and descriptions of parties
thereto
|
|
|
|
|||||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 131
|
|||
|
Application for directions by
trustee(Title)
|
|||
|
I desire to
make application to the court for its directions [here state the
particular matter in relation to which they are sought].
Trustee
Let this
application be heard on the day of
, at o’clock in the noon, and let the trustee give notice to [here insert the persons to whom it is to be given]. |
|||
|
Dated
this day of .
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 132
|
|||
|
Order on application of trustee for
directions(Title)
|
|||
|
Whereas at a
court held [or in chambers] this day the trustee of the property
of the bankrupt applied to the court for its directions [here state
the particular matter in relation to which they are sought]. Now
upon hearing C.D., of on the matter, it is ordered
[here set out the order], and that the trustee do pay out of the property of the bankrupt the sum of the costs of this order, [and the sum of to C.D. for his costs] [or that C.D. do pay the sum of the costs of this order]. |
|||
|
Dated
this day of .
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form 133
(Repealed L.N. 81 of
1998)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 134
[rule 144]
|
|||
|
I,
C.D., of [or We, C.D.,
of
, and E.F. of ], hereby petition the court that an order be made for the administration in bankruptcy of the estate of the late [here insert name and description of deceased debtor] who died on the day of , and say— 1. That the said A.B. at some time within 3 years
immediately preceding his death was ordinarily resident or had a place
of residence or carried on business in Hong Kong.
|
|||
|
2. That the estate of the said A.B. is justly and truly
indebted to me [or us in the aggregate] in the sum of $ [set out amount of debt or debts and the
consideration].
3. That [I] do not nor does any person on [my] behalf hold any
security on the said deceased debtor’s estate, or on any part thereof,
etc. [or as in Form No. 10, Creditor’s petition].
|
|||
|
4. That the estate of the said A.B. is according to my
information and belief insufficient to pay his debts.
5. That the will of the said A.B. was on the
day of , proved by J.S., of , and G.H., of or
That letters
of administration were on the day of , granted to J.S., of , and G.H., of
|
|||
|
or
That no
probate or administration in respect of the said estate has been applied
for.
Dated
this day of .
|
|||
|
C.D.
E.F.
Signed by the
petitioner in my presence.
Signature of
witness
Address
Description
|
|||
|
Endorsement
|
|||
|
This petition
having been presented to the court on the day of , it is ordered that this petition shall
be heard at on the day of , at o’clock in the noon.
|
|||
|
If you, the
said J.S. or G.H., intend to show cause against the petition, you must file with the Official Receiver a notice
showing the grounds upon which you intend to show cause, and post a copy
of the notice to petitioner or his solicitor, in each case 3 days before
the day on which the petition is to be heard.
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 135
|
|||
|
Petition by legal personal representative or Official
Administrator for order of administration under section 112(Title) |
|||
|
I, C.D.
of [or We, C.D., of , and E.F., of
], hereby petition the court that an order be made for the administration in bankruptcy of the estate of the late [here insert name and description of deceased debtor], who died on the day of , and say— |
|||
|
1. That I am the Official Administrator of the estate [or
I am/we are] the legal personal representative [or
representatives] of the said [debtor] and that his will was on
the day of , proved by
[or that letters of administration of his estate were on the day of , granted to ]. |
|||
|
2. That the said A.B. at some time within 3 years
immediately preceding his death was ordinarily resident or had a place
of residence or carried on business in Hong Kong.
|
|||
|
3. That the estate of [debtor] is according to my [or
our] information and belief insufficient to pay his debts.
(Signed)
|
|||
|
Signed by the
petitioner in my presence.
Signature of
witness
Address
Description
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 136
|
|||
|
Order for administration in bankruptcy of estate of
deceased debtor upon petition(Title) |
|||
|
Upon the
petition of C.D., dated , and numbered of , and upon reading
and hearing , it is ordered that the estate of A.B., of , who died insolvent, be administered in bankruptcy, and that the Official Receiver be the trustee, and the costs of this application be |
|||
|
Dated
this day of .
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 137
|
||||||||||
|
Statement to Accompany Application for Release(Title)Statement
showing the position of estate at the date
of application for release |
||||||||||
| $ | $ | |||||||||
|
Receipts
|
||||||||||
| Cash found | ||||||||||
| Bank balance | ||||||||||
| Refund of utility deposits | ||||||||||
| Receipts for termination of insurance | ||||||||||
| policies | ||||||||||
| Proceeds from Court | ||||||||||
| Proceeds of sale | ||||||||||
| Book debts collected | ||||||||||
| Payment by debtor/bankrupt | ||||||||||
| Others | ||||||||||
| NET REALIZATIONS | ||||||||||
|
Money paid by third party
Less: Refund |
||||||||||
|
Petitioner’s deposit
Less: Refund |
||||||||||
|
Distraint money
Less: Refund |
||||||||||
|
Payments
|
||||||||||
| Petitioner’s taxed costs | ||||||||||
| Court fees and taxing fees | ||||||||||
| Charges for publication of notices | ||||||||||
| Travelling expenses and | ||||||||||
| transportation charges | ||||||||||
| Professional fees | ||||||||||
| Photocopying charges | ||||||||||
| Official Receiver’s fees | ||||||||||
| Trustee’s remuneration | ||||||||||
| Distribution to creditors | ||||||||||
| Preferential payment | __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ % |
|||||||||
| Deferred preferential payment | __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ % |
|||||||||
|
(a) First or final or as the case may be. If
more than one payment was made, state each payment separately.
|
Ordinary dividend (a) | __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ % |
||||||||
| Deferred ordinary dividend | __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ % |
|||||||||
| Storage charges Others |
||||||||||
|
Balance
|
||||||||||
|
NOTES:
|
1.
|
There are no further assets to be realized and no further payments to
be made to creditors.
|
||||||||
|
(b) Insert number of creditors.
|
2. | Creditors — | (b) preferential creditors | $ | ||||||
| (b) ordinary creditors | $ | |||||||||
| $ |
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
|||||||||
|
3.
|
Creditors can obtain any further information by enquiry at the office
of the trustee (add here the trustee’s address, contact telephone
number and contact person).
|
|||||||||
|
Dated this day of .
Trustee
|
||||||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 138
|
|||
|
Notice to creditors of intention to declare
dividend(Title)
|
|||
|
(a) Insert here first or second or final or
as the case may be.
|
A (a) dividend
is intended to be declared in the above matter. You are mentioned in the
bankrupt’s statement of affairs, but you have not yet proved your
debt.
If you do not
prove your debt by the day of , you will be excluded from this
dividend.
|
||
|
Dated
this day of .
Trustee
(Address)
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 139
|
|||
|
Notice to persons claiming to be creditors of
intention to declare final dividend(Title) |
|||
|
Take notice
that a final dividend is intended to be declared in the above matter,
and that if you do not establish your claim to the satisfaction of the
court on or before the day of , or such later day as the court may
fix, your claim will be expunged, and I shall proceed to make a final
dividend without regard to such claim.
|
|||
|
Dated
this day of .
Trustee
(Address)
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form 140
(Repealed L.N. 81 of
1998)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 141
|
|||
|
Notice of
dividend(Title)(Please bring this
dividend notice with
you)
|
|||
|
Dividend of
per cent
Notice is
hereby given that a dividend of
per cent has been declared in this matter, and that the same may be received at my office, as above, on the day of , or on any subsequent between the hours of and |
|||
|
Upon applying
for payment this notice must be produced entire together with any
bills of exchange, promissory notes or other negotiable securities held
by you. If you do not attend personally you must fill up and sign the
subjoined forms of receipt and authority, when a cheque or money order
payable to your order will be delivered in accordance with the
authority.
Dated
this day of .
|
|||
|
(Signed)
To
|
G.H.,
Trustee
|
||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Receipt
|
||||
|
.
|
||||
|
Received of
the sum of $ , being the amount payable to me/us in respect of
the
dividend of per cent on my/our claim against this estate. |
||||
|
$
|
||||
|
(Creditor’s signature)
Authority
|
||||
|
(a) Strike out words inapplicable. If not to be sent by
post strike out words in italics, and insert the name of the person who
is to receive the cheque or money order.
|
G.H. Sir,
Please deliver
(a) to me/us by post, at my/our risk or (a) to the bearer, Mr.
the cheque or money order for the
dividend payable to me/us in this matter.
(Creditor’s signature)
(Date)
|
|||
|
To, G.H., Trustee
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 142
[s. 73]
|
|||
|
Application by creditor for order for trustee to pay
dividend withheld and order thereon(Title) |
|||
|
I, F.K., of , make application to this court for an order to be made
upon the trustee to pay the dividend in this bankruptcy due to me, with
interest thereon for the time it has been withheld from me, that is to
say, from the day of , on which day I applied to the trustee for its payment to
me, and also to pay to me the costs of this application.
Dated
this day of .
F.K.
|
|||
Order
|
Upon the
reading of this application, and upon hearing , it is ordered that the trustee do forthwith pay to the said
F.K. the sum
of $ , the amount of such dividend.
|
|||
|
And it is
further ordered that the trustee do pay to the said creditor at the same
time the sum of , for interest on such dividend, being at
the rate specified under section 49 of
the High Court Ordinance (Cap.
4) for the time that its payment has been withheld, together
with a further sum of for the costs of this application.
|
|||
|
Dated
this day of .
Registrar
[If the court does not order payment, then after the words it is ordered insert the order
made.]
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form
143
|
|||
|
Request to deliver bill for
taxation(Title)
|
|||
|
(a) Here state capacity in which person employed or engaged.
|
I hereby
request that you will, within 7 days of this date or such further time
as the court may grant, deliver to me for taxation by the Registrar your
bill of costs [or charges] as (a) failing which I shall, in pursuance of the Ordinance, proceed
to declare and distribute a dividend without regard to any claim you may
have against me or against the estate of the debtor.
|
||
|
Dated
this day of .
G.H.,
Trustee
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form
144
|
||||
|
Allocatur for costs of debtor’s
petition(Title)
|
||||
|
I hereby
certify—
1. That I have taxed the bill of costs of , the debtor’s solicitor, for filing the petition herein, and
have allowed the same at the sum of $ .
|
||||
|
(a) is or is not.
|
2. That the deposit of paid to the Official Receiver on the filing of the petition
(a)
included in the above-mentioned sum. |
|||
|
3. That credit has been given in the said bill for the sum
of received on account of such costs.
|
||||
|
Dated
this day of .
|
||||
|
$
|
||||
|
Registrar
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 145
[rule 190]
|
||||
|
Certificate by creditors’ committee as to audit of
cash book |
||||
|
We, the
undersigned, members of the Creditors’ committee in the matter of
, a bankrupt, hereby certify that we have
examined the
cash
book kept by the trustee for the period from the day
of to the day
of (both dates inclusive) with the vouchers, and that to the
best of our knowledge and belief the cash
book
contains a full, true and complete account of the trustee’s receipts and
payments on account of the estate.
Dated
this day of .
|
||||
|
A.B.
|
|
|||
|
C.D.
|
Creditors’ Committee
|
|||
|
E.F.
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form
146
(Repealed
22 of 2023 s. 13)
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 147
[rule 168]
|
|||||||||
|
Trustee’s trading
account(Title)
|
|||||||||
|
G.H.,
the trustee of the property of the bankrupt in account with the
estate.
|
|||||||||
|
Receipts
|
Payments
|
||||||||
|
Date
|
$
|
¢
|
Date
|
$
|
¢
|
||||
|
|
|||||||||
|
|
|||||||||
|
G.H., Trustee
|
|||||||||
(Date)
|
We have
examined this account with the vouchers and find the same correct, and
we are of opinion that the expenditure has been proper.
|
||||
|
Dated
this day of .
|
||||
|
Creditors’ Committee
[or Member of the Creditors’ Committee]
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 148
[rule 168]
|
||||||||||||
|
Profit and loss account (trading
account)(Title)Profit and loss account
|
||||||||||||
|
Dr.
|
Cr.
|
|||||||||||
|
$
|
¢
|
$
|
¢
|
|||||||||
| Stock on hand on day of | Sales | |||||||||||
| Purchases | Other receipts, if any | |||||||||||
| Trade expenses, viz- | ||||||||||||
|
$
|
¢
|
Stock on hand on day of | ||||||||||
| Rent and taxes | ||||||||||||
| Wages | ||||||||||||
| Miscellaneous | ||||||||||||
| Balance being profit | ||||||||||||
|
|
|
|
|
|||||||||
|
G.H., Trustee
|
||||||||||||
|
(Date)
|
||||||||||||
|
NOTE—This account to be
submitted when the Creditors’ committee require, and in any case at
the end of the trading business carried on by the trustee.
|
||||||||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 149
[rule 168]
|
||||
|
Affidavit verifying trustee’s trading
account(Title)
|
||||
|
I,
G.H., of the trustee of the property of the
above-named bankrupt, make oath and say that the account hereto annexed
is a full, true and complete account of all money received and paid by
me or by any person on my behalf in respect of the carrying on of the
trade or business of the bankrupt, and that the sums paid by me as set
out in such account have, as I believe, been necessarily expended in
carrying on such trade or business.
Sworn at, etc.
G.H., Trustee
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 150
|
|||||||||||
|
Statement of accounts under section
88(Title)
|
|||||||||||
|
Receipts
|
Payments
|
||||||||||
|
Date
|
Of whom received
|
Nature of receipt
|
Amount
|
Date
|
To whom paid
|
Nature of payment
|
Amount
|
||||
|
|
$
|
¢
|
$
|
¢
|
|||||||
|
(Signature)
|
|||||||||||
|
Dated
this day of .
|
|||||||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 151
[rule 182]
|
|||
|
Affidavit by special
manager(Title)
|
|||
|
I, of , make oath and say as follows—
1. The account hereunto annexed marked with the letter “A”,
produced and shown to me at the time of swearing this my affidavit, and
purporting to be my account as special manager of the estate or business
of the above-named debtor [bankrupt], contains a true account of all and
every sums and sum of money received by me or by any other person or
persons by my order or to my knowledge or belief for my use on account
or in respect of the said estate or business.
|
|||
|
2. The several sums of money mentioned in the said account
hereby verified to have been paid or allowed have been actually and
truly so paid and allowed for the several purposes in the said account
mentioned.
3. The said account is just and true in all and every the items
and particulars therein contained according to the best of my knowledge
and belief.
|
|||
|
Sworn,
etc.
(Signature)
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 152
|
|||
|
Notice to creditors of intention to apply for
release(Title)
|
|||
|
Take notice
that I, the undersigned trustee [or late trustee] of the property
of the bankrupt, intend to apply to the court for my release, and
further take notice that any objection you may have to the granting of
my release must be notified to the court within 21 days of the date
hereof.
A summary of
my receipts and payments as trustee is here annexed.
|
|||
|
Dated
this day of .
|
|||
|
Trustee
To
K.L.,
Creditor
|
|||
|
NOTE—Section
94(3) of the Bankruptcy Ordinance (Chapter 6) enacts that “An order of the court releasing
the trustee shall discharge him from all liability in respect of any
act done or default made by him in the administration of the affairs
of the bankrupt, or otherwise in relation to his conduct as trustee,
but any such order may be revoked on proof that it was obtained by
fraud or by suppression or concealment of any material
fact.”
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 153
|
|||
|
Application by trustee to court for
release(Title)
|
|||
|
I,
G.H., the trustee of the property of the bankrupt, do hereby
report to the court as follows—
1. That the whole of the property of the bankrupt has been
realized for the benefit of his creditors [and a dividend to the amount
of per cent has been paid as shown by
the statement hereunto annexed];
|
|||
|
[or
That so much of the property of the bankrupt as can, according to the
joint opinion of myself and the Creditors’ committee, hereunto annexed
in writing under our hands, be realized without needlessly protracting
the bankruptcy, has been realized as shown by the statement hereunto
annexed, and a dividend to the amount of
per cent has been paid]; |
|||
|
[or
That a voluntary arrangement has been approved by a meeting of creditors
summoned under section 20E of the Bankruptcy Ordinance.]
2. I therefore hereby apply to the court for my release.
|
|||
|
Dated
this day of .
G.H.,
Trustee
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 154
[rule 195]
|
|||
|
Notice of transfer of separate estate to joint
estate(Title)
|
|||
|
Notice is
hereby given that there being in the hands of the trustee in the above
bankruptcy a surplus estimated at $ arising from the separate estate of [name of separate
partner] one of the bankrupts, and there being no separate
creditors of such bankrupt, it is the intention of such trustee, at the
expiration of days from the appearance of this notice
in
,
to
transfer such surplus to the credit of the joint estate in the said
bankruptcy.
|
|||
|
Dated
this day of .
Trustee
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 155
[rule 47]
|
||||
|
Application to Set Aside a Statutory Demand(Title)
|
||||
|
(a) Insert name and address of person to attend hearing.
|
Let (a)
|
|||
|
|
||||
|
attend before as follows—
|
||||
| Date | ||||
| Time | hours | |||
| Place | ||||
|
(b) Insert name of debtor.
(c) Insert date.
|
on the hearing of an application by (b)
the applicant for an order that the statutory demand dated
be set aside. The grounds on
which the applicant claims to be entitled to the order are set out in
the affidavit of the applicant sworn on (c)
a copy of which affidavit accompanies this application. |
|||
|
(d) State the names and addresses of the persons to be
served.
(e) State the applicant’s address for service.
|
The names and
addresses of the persons upon whom this application should be served
are—(d)
The bankrupt’s
address for service is—(e)
Dated
this day of .
|
|||
|
Signed
_____________________________
|
||||
| (Solicitor for the)
Applicant |
||||
|
If you do not attend, the court may make such order as it thinks
fit.
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 156
[rule 48]
|
||
|
Order Setting Aside Statutory Demand(Title)
|
||
|
(a) Insert name and address of applicant.
|
Upon the application of (a) | |
| and upon hearing | ||
| and upon reading the evidence. | ||
| It is ordered that the statutory demand dated | ||
| be set aside. | ||
|
(b) Insert details of any further order in the matter.
|
And it is ordered that (b) | |
|
Dated
this day of .
Registrar
|
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 157
|
|||
|
in chambers
|
|||
|
(a) Insert name, address and description of applicant.
|
Upon the
application of (a)
And upon
hearing
|
||
|
And upon
reading the evidence filed
It is ordered
that—
|
|||
|
(b) Insert name and address of Inland Revenue Official who is to
produce the documents.
(c) Delete as applicable.
(d) Insert description of documents to be produced.
|
(b)
do produce to the court (c) [the following documents (d)—] [the documents
set out in the schedule to this order]
(c) [by (e)]
|
||
|
(e) Insert any requirements as to the manner in which the
documents are to be produced.
(f) Insert time within which production required (not less than
21 days after the date of the order).
|
within (f) | ||
|
Dated
this day of .
|
|||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 158
|
|||
|
in chambers
|
|||
|
(a) Insert name, address and description of applicant.
|
Upon the
application of (a)
And upon
hearing
And upon
reading the evidence filed
It is ordered
that—
|
||
|
(b) Insert details of documents to be disclosed.
|
(b)
which were produced to this court in compliance
with an order dated (c)
under section 30D(1) of the Bankruptcy Ordinance (Chapter 6) be disclosed to— |
||
|
(d) Insert the name of the trustee who must be the Official
Receiver, a certified public accountant or a solicitor. See section 30D(1)
of the Bankruptcy Ordinance (Chapter 6).
(e) Insert any further order regarding means of disclosure.
|
(d)
And it is
ordered that the above-named be at liberty to inspect and peruse the
documents so produced and to make notes of the contents thereof and to
be entitled to be supplied with copies thereof on payment of the proper
charges.
(e)
Dated
this day of .
|
||
|
Registrar
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 159
|
|||
|
(a) Delete as applicable.
(b) Insert details of documents to be disclosed.
|
I, , the [Official Receiver and] (a) trustee of the property
of hereby apply for an order that (b)
which were produced to this court in compliance
with an order dated (c) under section 30D(1) of the Bankruptcy Ordinance (Chapter 6) be disclosed to—(d)
|
||
|
(d) Insert the name of the trustee who must be the Official
Receiver, a certified public accountant or a solicitor. See section 30D(1)
of the Bankruptcy Ordinance (Chapter 6).
|
And for an order that the above-named be at liberty to inspect and
peruse the documents so produced and to make notes of the contents
thereof and to be entitled to be supplied with copies thereof on payment
of the proper charges.
|
||
|
(e) Insert any further order required regarding means of
disclosure.
|
(e)
Dated
this day of .
|
||
|
[Official Receiver and] (a) Trustee
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 160
|
|||
|
(a) Delete as applicable.
(b) Insert description of documents to be produced.
|
I, , the [Official Receiver and] (a) trustee of the property
of hereby apply for an order that the
Commissioner of Inland Revenue shall produce to the Court (a) [the
following documents] (b) [the documents set out in the schedule to this
order]
|
||
|
(c) Insert any requirements as to the manner in which the
documents are to be produced.
|
(b) [by (c)]
|
||
|
(d) Insert time within which production is required (not less
than 21 days after the date of the order).
|
within (d)
Dated
this day of .
|
||
|
[Official Receiver and] (a) Trustee
|
|||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 161
[rule 47]
|
|||
|
Affidavit in Support of Application to Set Aside
Statutory Demand(Title) |
|||
|
(a) Insert name, address and description of person making the
oath.
|
I, (a) | ||
| make oath and say as follows— | |||
|
(b) Insert date.
|
1. That on (b) the statutory demand exhibited hereto and marked “A” came
into my hands.
|
||
|
(c) Insert one of the 8 following possibilities or if none of
them is applicable state grounds on which you consider the statutory
demand should be set aside.
(1) “Do not admit the debt because ...” [here state grounds];
or
|
2. That I (c)
|
||
|
(2) “Admit the debt but not that it is payable immediately”
[state reason]; or
(3) “Admit the debt as to
$ , and that this is payable but that the remainder is not immediately payable. I am prepared to pay the amount of $ , immediately” [state reason]; or |
|||
|
(4) “Admit the debt and am prepared to secure or compound for it
to the creditor’s satisfaction by ... ” [state nature of satisfaction];
or
(5) “Say that the debt is a secured debt” [give full details of
security and its value]; or
|
|||
|
(6) “Have a counterclaim (or set-off or cross demand) for $
being a sum equal to (or exceeding) the claim in respect of” [here state grounds of counterclaim etc.]; or |
|||
|
(7) “Say that execution on the Judgment of the Court has been
stayed” [give details]; or
|
|||
|
(8) “Say that the demand does not comply with the Bankruptcy
Rules (Cap. 6 sub. leg. A) in that ...” [state
reason].
|
Sworn at |
||
| Date | Signature __________ | ||
| Before me | |||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 162
[rule 44]
|
||||||||||
|
Statutory Demand under
Section 6A(1)(a)
of the Bankruptcy Ordinance
(Chapter
6) Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court(Title)
|
||||||||||
|
Warning
|
||||||||||
|
‧ This is an
important document. You must deal with this demand within 21 days
of its service upon you or you could be made bankrupt and your property
and goods taken away from you. Please read this demand and notes
carefully.
|
‧ If you are in
any doubt about your position, you should seek advice immediately
from a solicitor.
‧ There are
additional notes overleaf.
|
|||||||||
|
Demand
|
Notes for Creditor
|
|||||||||
| To |
‧ If the creditor
is entitled to the debt by way of assignment, details of the original
creditor and any intermediary assignees should be given in Part C on
page 2.
|
|||||||||
| Address | ||||||||||
|
This demand is served on you by the creditor—
|
‧ If the amount
of debt includes interest, details should be given in column (2),
including the grounds upon which interest is charged. The amount of
interest must be shown separately in column (3).
‧ Any other
charge accruing due from time to time may be claimed. The amount or rate
of the charge must be identified and the grounds on which it is claimed
must be stated.
‧ In either case
the amount claimed must be limited to that which has accrued due at the
date of the demand.
|
|||||||||
| Name | ||||||||||
| Address | ||||||||||
|
The creditor claims that you owe the following
debt and that it is payable immediately and, to the extent of the sum
demanded, is unsecured—
|
||||||||||
|
When incurred |
Description of debt |
Amount due as at the
date of this demand
|
||||||||
|
(1)
|
(2)
|
(3)
|
||||||||
|
Amount of Debt
|
$
|
|||||||||
|
By a Judgment/order of the _____________ court in
proceedings entitled Number _______________ between Plaintiff and
________________ Defendant it was adjudged/ordered that you pay to the
Plaintiff creditor the sum of $ __________ and $ __________ for
costs.
|
||||||||||
|
The creditor demands that you pay the above
debt or compound for it to the creditor’s
satisfaction.
|
‧ If the creditor
holds any security the amount of debt should be the sum the creditor is
prepared to regard as unsecured for the purposes of this demand. Brief
details of the total debt should be included in column (2), and the
nature of the security and the value put upon it by the creditor, as at
the date of the demand, must be specified.
‧ If signatory is
a solicitor or other agent of the creditor the name of his/her firm
should be given.
|
|||||||||
| Signature | ||||||||||
| Name | ||||||||||
| (BLOCK LETTERS) | ||||||||||
| Date | ||||||||||
| Position with or relationship to creditor | ||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
| Ref. No. | ||||||||||
|
NB
|
The person making the demand must complete the
whole of this page and Parts A, B and C on page 2.
|
|||||||||
|
Part A
Appropriate court for
setting aside demand
Any application by you to set aside this demand
should be made to the Court of First Instance.
|
||||||||||
|
Part B
The person or persons to whom any communication
regarding the demand may be addressed is/are—
Name and
|
||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
|
|
||||||||||
|
Part C
For completion if the creditor is entitled to the debt by way of
assignment.
|
||||||||||
|
Name
|
Date(s) of Assignment
|
|||||||||
|
Original creditor
|
||||||||||
|
Assignees
|
|
|||||||||
|
|
||||||||||
|
How to comply with a
statutory demand or have it set aside
If you wish to avoid a bankruptcy petition being
presented against you, you must pay the debt set out on page 1 of this
notice within the period of 21 days of service upon you. Alternatively,
you can attempt to come to a settlement with the creditor. To do this
you should—
‧ inform the
person or persons (or one of the persons) named in Part B above
immediately that you are willing and able to offer security for the debt
to the creditor’s satisfaction; or
|
||||||||||
|
‧ inform the
person or persons (or one of the persons) named in Part B immediately
that you are willing and able to compound for the debt to the creditor’s
satisfaction.
|
||||||||||
|
If you dispute the demand in whole or in part you
should—
‧ contact
the person or persons (or one of the persons) named in Part B
immediately.
|
||||||||||
|
If you consider that you have grounds to have
this notice set aside or if you do not receive a satisfactory written
reply from the person or persons (or one of the persons) named in Part B
before the expiration of 18 days after the service you should—
‧ apply
without delay to the Court of First Instance to have the notice set
aside.
|
||||||||||
|
Remember:
|
You have only 21 days from the date of service on you of this
document before the creditor may present a bankruptcy
petition.
|
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__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 163
[rule 44]
|
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|
Statutory Demand Under
Section 6A(1)(a)
of the Bankruptcy Ordinance
(Chapter 6) Debt for Liquidated Sum Payable Immediately(Title)
|
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|
Warning
|
||||||||||
|
‧ This is an
important document. You must deal with this demand within 21 days
of its service upon you or you could be made bankrupt and your property
and goods taken away from you. Please read this demand and notes
carefully.
|
‧ If you are in
any doubt about your position, you should seek advice immediately
from a solicitor.
‧ There are
additional notes overleaf.
|
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|
Demand
|
Notes for Creditor
|
|||||||||
| To |
‧ If the creditor
is entitled to the debt by way of assignment, details of the original
creditor and any intermediary assignees should be given in Part C on
page 2.
|
|||||||||
| Address | ||||||||||
|
This demand is served on you by the creditor—
|
‧ If the amount
of debt includes interest, details should be given in column (2),
including the grounds upon which interest is charged. The amount of
interest must be shown separately in column (3).
‧ Any other
charge accruing due from time to time may be claimed. The amount or rate
of the charge must be identified and the grounds on which it is claimed
must be stated.
‧ In either case
the amount claimed must be limited to that which has accrued due at the
date of the demand.
|
|||||||||
| Name | ||||||||||
| Address | ||||||||||
|
The creditor claims that you owe the following
debt and that it is payable immediately and, to the extent of the sum
demanded, is unsecured—
|
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|
When incurred |
Description of debt |
Amount due as at the
date of this demand
|
||||||||
|
(1)
|
(2)
|
(3)
|
||||||||
|
Amount of Debt
|
$
|
|||||||||
|
The creditor demands that you pay the above
debt or compound for it to the creditor’s
satisfaction.
|
‧ If the creditor
holds any security the amount of debt should be the sum the creditor is
prepared to regard as unsecured for the purposes of this demand. Brief
details of the total debt should be included in column (2), and the
nature of the security and the value put upon it by the creditor, as at
the date of the demand, must be specified.
‧ If signatory is
a solicitor or other agent of the creditor the name of his/her firm
should be given.
|
|||||||||
| Signature | ||||||||||
| Name | ||||||||||
| (BLOCK LETTERS) | ||||||||||
| Date | ||||||||||
| Position with or relationship to creditor | ||||||||||
| (duly authorized) | ||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
| Ref. No. | ||||||||||
|
NB
|
The person making the demand must complete
the whole of this page and Parts A, B and C on page 2.
|
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|
Part A
Appropriate court for
setting aside demand
Any application by you to set aside this demand
should be made to the Court of First Instance.
|
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Part
B The person or persons to whom any communication
regarding the demand may be addressed
is/are— Name
and |
||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
|
|
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|
Part C
For completion if the creditor is entitled to
the debt by way of assignment.
|
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|
Name
|
Date(s) of Assignment
|
|||||||||
|
Original creditor
|
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|
Assignees
|
|
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|
|
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|
How to comply with a
statutory demand or have it set aside
If you wish to avoid a bankruptcy petition being
presented against you, you must pay the debt set out on page 1 of this
notice within the period of 21 days of service upon you. Alternatively,
you can attempt to come to a settlement with the creditor. To do this
you should—
|
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|
‧inform the
person or persons (or one of the persons) named in Part B above
immediately that you are willing and able to offer security for the debt
to the creditor’s satisfaction; or
|
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|
‧inform the
person or persons (or one of the persons) named in Part B immediately
that you are willing and able to compound for the debt to the creditor’s
satisfaction.
|
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|
If you dispute the demand in whole or in part
you should—
‧contact the
person or persons (or one of the persons) named in Part B
immediately.
|
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|
If you consider that you have grounds to have
this notice set aside or if you do not receive a satisfactory written
reply from the person or persons (or one of the persons) named in Part B
before the expiration of 18 days after the service you should—
‧apply
without delay to the Court of First Instance to have the notice set
aside.
|
||||||||||
|
Remember:
|
You have only 21 days
from the date of service on you of this document before the creditor
may present a bankruptcy petition.
|
|||||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 164
[rule 44]
|
||||||||||
|
Statutory Demand Under
Section 6A(2)
of the Bankruptcy Ordinance
(Chapter 6) Debt Payable at Future Date(Title)
|
||||||||||
|
Warning
|
||||||||||
|
‧ This is an
important document. You must deal with this demand within 21 days
of its service upon you or you could be made bankrupt and your property
and goods taken away from you. Please read this demand and notes
carefully.
|
‧ If you are in
any doubt about your position, you should seek advice immediately
from a solicitor.
‧ There are
additional notes overleaf.
|
|||||||||
|
Demand
|
Notes for Creditor
|
|||||||||
| To |
‧ If the creditor
is entitled to the debt by way of assignment, details of the original
creditor and any assignees should be given in Part C on page 2.
|
|||||||||
| Address | ||||||||||
|
This demand is served on you by the creditor—
|
‧ If the amount
of debt when due will include interest, details should be given in
column (2), including the grounds upon which interest is charged.
‧ Any other
charge accruing due from time to time may be claimed. The amount or rate
of the charge must be identified and the grounds on which it is claimed
must be stated.
‧ In either case
the amount claimed must be limited to that which will have accrued due
when payment falls due on the date specified.
|
|||||||||
| Name | ||||||||||
| Address | ||||||||||
| The creditor claims that you will owe the following when payment falls due on | ||||||||||
|
When
incurred
|
Description of
debt
|
Amount of future
debt
|
||||||||
|
(1)
|
(2)
|
(3)
|
||||||||
|
Amount of Debt
|
$
|
|||||||||
|
The creditor is of the opinion that you have no
reasonable prospect of paying this debt when it falls due because*
|
‧ If the creditor
holds any security the amount of debt should be the sum the creditor is
prepared to regard as unsecured for the purposes of this demand. Brief
details of the total debt should be included in column (2), and the
nature of the security and the value put upon it by the creditor, as at
the date of the demand, must be specified.
* Here set out
the grounds for this opinion.
‧ If signatory is
a solicitor or other agent of the creditor the name of his/her firm
should be given.
|
|||||||||
| Signature | ||||||||||
| Name | ||||||||||
| Date | ||||||||||
| Position with or relationship to creditor | ||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
| Ref. No. | ||||||||||
|
NB
|
The person making the demand must complete the
whole of this page and Parts A, B and C on page 2.
|
|||||||||
|
Part A
Appropriate court for setting aside demand
Any application by you to set aside this demand
should be made to the Court of First Instance.
|
||||||||||
Part
B The person or persons to whom any communication
regarding the demand may be addressed
is/are— Name
and |
||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
|
|
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|
Part C
For completion if the creditor is entitled to the debt by way of
assignment.
|
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|
Name
|
Date(s) of Assignment
|
|||||||||
|
Original creditor
|
||||||||||
|
Assignees
|
|
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|
|
||||||||||
|
How to comply with a statutory demand or have it set aside
If you wish to avoid a bankruptcy petition being
presented against you, you must within the period of 21 days of service
upon you, satisfy the creditor that you are able to meet the debt
demanded when it is due.
|
||||||||||
|
If you dispute that the debt will be due in whole
or in part or if you dispute the allegation that you will be unable to
pay the debt when it falls due or if you consider that you may be able
to offer security for the debt or to compound for it you should—
‧contact
the person or persons (or one of the persons) named in Part B
immediately.
|
||||||||||
|
If you consider that you have grounds to have
this notice set aside or if you do not receive a satisfactory written
reply from the person or persons (or one of the persons) in Part B
before the expiration of 18 days after service you should—
‧apply
without delay to the Court of First Instance to have the notice set
aside.
|
||||||||||
|
Remember:
|
You have only 21 days from the date of service on you of this
document before the creditor may present a bankruptcy
petition.
|
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__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 165
|
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|
Application for Interim Order(Title)
|
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|
(a) Insert name and address of person to attend hearing.
|
Let (a)
|
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|
|
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|
attend before as follows—
|
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| Date | ||||
| Time | hours | |||
| Place | ||||
|
(b) Insert name of debtor.
|
on the hearing of an application by (b)
the applicant for an interim order pursuant to
sections
20 and 20A of the Bankruptcy Ordinance (Chapter 6) on the grounds that he intends to make a proposal
to his creditors for a voluntary arrangement within the meaning of section 2 of
the Ordinance.
AND TAKE
NOTICE that the applicant seeks an order pursuant to section 20 of
the Ordinance that, whilst any interim order is pending, all actions,
executions or other legal process against the property or person of the
applicant be stayed.
|
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|
AND FURTHER
TAKE NOTICE that in support of this application there will be read the
affidavit [affirmation] of the applicant sworn [affirmed] on
|
||||
|
Dated this day of .
|
||||
| Ref: | ||||
| Signed | ||||
| Solicitors for the applicant | ||||
|
|
||||
| To the court and (c) | ||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 166
|
|||||
|
Affidavit in Support of Application for Interim Order(Title)
|
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|
(a) For the requirements of the affidavit generally. See rule 122E of
the Bankruptcy Rules (Cap.
6 sub. leg. A).
|
I, | , | |||
| the above-named debtor MAKE OATH and say as follows—(a) | |||||
|
1. I make this affidavit in support of my application for an
interim order under sections 20 and 20A of the
Bankruptcy Ordinance (Chapter 6) and pursuant to rule 122E of
the Bankruptcy Rules (Cap.
6 sub. leg. A).
|
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|
2. There is exhibited hereto and marked “1” a copy of my
proposal.
3. There is exhibited hereto and marked “2” a copy of the notice
to my intended nominee under rule 122D of
the Bankruptcy Rules (Cap.
6 sub. leg. A) endorsed to the effect that he agrees so to
act.
|
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|
4. The reasons for making the application are set out in my said
proposal.
|
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|
(b) If this process has been commenced, full particulars must be
given.
|
5. No execution or other legal process has been commenced
against me. (b)
6. I am able to petition for my own bankruptcy.
7. No previous application for an interim order has been made by
me or in respect of me in the period of 12 months ending with the date
of this affidavit.
|
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|
8. (c) of
is a person who is experienced in insolvency matters and is willing to act in relation to the proposal. |
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|
Sworn at
|
|
||||
| this day of | |||||
|
Before me,
Commissioner of Oaths
|
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__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 167
|
||||||
|
Notice to Intended Nominee
(a)(Title)
|
||||||
|
To: of
|
||||||
|
Pursuant to
rule 122D
of the Bankruptcy Rules (Cap.
6 sub. leg. A) I hereby give you notice of my proposal for a
voluntary arrangement pursuant to sections 20 and
20A of the
Bankruptcy Ordinance (Chapter 6).
There is
delivered herewith a copy of the proposal.
|
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| Date: | ||||||
|
(b) Debtor must sign in person.
|
Signed: | (b) | ||||
|
I of
|
||||||
|
do hereby confirm pursuant to rules 122D and
122E of
the Bankruptcy Rules (Cap.
6 sub. leg. A) that—
|
||||||
|
(1)
|
on day of I did receive a copy of the above notice;
and
|
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|
(2)
|
I agree to act as a nominee.
|
|||||
| Date: | ||||||
| Signed: | ||||||
| Intended Nominee | ||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 168
|
||||||
|
Interim Order under Section 20 of the Bankruptcy
Ordinance (Chapter 6)—One-Stage Procedure(Title)ORDER |
||||||
|
(a) Insert full name and address of applicant.
|
Upon the
application of (a)
And upon
hearing of
And upon
reading the evidence and the court having this day considered the report
of the nominee submitted pursuant to section 20D of
the Bankruptcy Ordinance (Chapter 6) and filed on
|
|||||
|
It is ordered
that during the period of days beginning with the day after the date of this order and
during any extended period for which this interim order has effect—
|
||||||
|
(b) To be deleted in a Case 2 application.
|
(b)
|
|||||
|
(i)
|
no [further] bankruptcy petition relating to the
above-named
may be presented or proceeded with; and |
|||||
|
(ii)
|
no other proceedings and no execution or other
legal process may be commenced or continued against the applicant or his
property except with the leave of the court.
|
|||||
|
AND IT IS
FURTHER ORDERED that a meeting of the applicant’s creditors be summoned
to consider the applicant’s proposals, such meeting as proposed by the
nominee to be held on—
|
||||||
| Date | ||||||
| Time | hours | |||||
| Place | ||||||
|
Dated
this day of .
|
||||||
|
Registrar
|
||||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Form 169
|
||||
|
Proxy (Individual Voluntary Arrangement)
|
||||
|
†
|
Delete title not applicable
|
† IN BANKRUPTCY
or
† IN THE MATTER OF * (A DEBTOR)
and
|
||
|
*
|
Insert the name of the debtor.
|
|||
|
Notes to help completion of the form.
|
IN THE MATTER OF THE BANKRUPTCY ORDINANCE (CHAPTER 6)
|
|||
|
Please give full name and address for
communication.
|
Name of creditor | |||
| Address | ||||
|
Please insert name of person (who must be 18 or over)
or the “chairman of the meeting”.
|
Name of proxy-holder | |||
|
I appoint the
above person to be my/the creditor’s proxy-holder at the meeting of
creditors to be held on
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ or at any adjournment of that meeting. The proxy-holder
is to propose or vote as instructed below [and in respect of any
resolution for which no specific instruction is given, may vote or
abstain at his/her discretion] |
||||
|
Voting
instructions for resolutions
1. For the acceptance/rejection of the proposed voluntary
arrangement [with the following modifications—]
|
||||
|
Any other resolutions which the proxy-holder is to
propose or vote in favour of or against should be set out in numbered
paragraphs in the space provided below paragraph 1. If
more room is requested please use the other side of this form.
This form must be signed.
Only to be completed if the creditor has not signed in
person.
|
|
|||
|
|
||||
|
|
||||
|
|
||||
|
|
||||
|
|
||||
|
|
||||
| Signature | Date | |||
| Name in BLOCK LETTERS | ||||
| Position with creditor or relationship with creditor or other authority for signature | ||||
|
Remember: There may be resolutions on the other side of this
form.
|
||||
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
|
Name of
medium
and (if applicable) issue number |
Date of publication of advertisement |
Date of filing this memorandum |
Nature of order etc. |
|
|
|||
|
(Signed)
|
(Schedule amended L.N. 125 of
2007)