BANKRUPTCY (FORMS) RULES
Title
BANKRUPTCY (FORMS) RULES
Description
BANKRUPTCY (FORMS) RULES
(Cap. 6, section 113)
[1st January, 1933.1
1. These rules may be cited as the Bankruptcy (Forms) Rules.
2. (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
For
m Accounts:
Affidavit verifying trustee's account ... ... ... ... ... ... ... 146 Affidavit
verifying trustee's trading account ... ... ... ... ... 149 Affidavit verifying
special manager's account ... ... ... ... ... 151 Certificate of committee of
inspection as to audit of trustee's account 145 Profit and loss account ... ...
... ... ... ... ... ... ... ... 148 Statement of accounts for creditors under section
88 ... ... ... 150 Trustee's trading account ... ... ... ... ... ... ... ... ... 147
Action:
Order restraining before receiving order ... ... ... ... ... ... 24
Adjudication:
Application for under section 18 ... ... ... ... ... ... ... ... 75 Application for
adjudication after resolution for bankruptcy or by
consent ............................. ... ... ... ... ... ... 76
Application for: no quorum at adjourned meeting ... ... ... ... 77
Application to annul .............. ... ... ... ... ... ... 79
Order of ............................. ... ... ... ... ... ... 78
Order annulling ...................... ... ... ... ... ... 80
Resolutions where adjudication resolved on ... ... ... ... ... 36
Admission of debt by debtor of bankrupt ... ... ... ... ... ... 113
Advertisement:
Of day for proceeding with public examination ... ... ... ... ... 54 Of
receiving order, etc . ... ... ... ... ... ... ... ... ... ... 27 Of day for hearing
application for discharge ... ... ... ... ... 82
.....................................Form
Affirmation:
Form of ................................ ... ... ... ... ... 6
After-acquired property:
Affidavit by bankrupt as to ......... ... ... ... ... ... 93
Allocatur:
For costs of debtor's petition ........ ... ... ... ... ... 144
Bankruptcy notice:
On judgment or order of court ......... ... ... ... ... ... 5
Affidavit of service ................. ... ... ... ... ... ... 7
Affidavit on application to set aside ... ... ... ... ... ... 8
Notice in newspapers of substituted service ... ... ... ... 15
Order setting aside .................. ... ... ... ... ... ... 9
Order for substituted service ... ... ... ... ... ... ... ... ... 16
Request for issue of ................. ... ... ... ... ... ... 4
Bond on stay of proceedings:
Form ................................ ... ... ... ... ... ... 19
Affidavit of justification ........... ... ... ... ... ... ... ...
21
Notice of sureties ................... ... ... ... ... ... ... 20
Book debts:
Register of assignment of ............ ... ... ... ... ... 117
Committal:
Affidavit in support of application for committal of debtor under
section 26 or 55 ... ... ... ... ... ... ... ... ... ... ... 96
Affidavit of non-compliance with order of court ... ... ... ... 104
Affidavit of person interested in composition for committal ... ... 95
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 20 or 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 20 or 110 ... ... ... ... ... 101
Order of committal under section 26 ... ... ... ... ... ... ... 102
Order of committal under section 53(5) ... ... ... ... ... ... 103
Order for discharge from custody ... ... ... . :* *** - - 106
Order for production for examination of person m prison ... ... 107
Warrant of committal for contempt ... ... ... ... ... ... ... 105
Composition or scheme:
Affidavit in support of application for enforcement of provisions ... 72
Application for enforcement of composition or scheme ... ... ... 71
Application to extend time for approving composition or scheme
and order thereon .................. ... ... ... ... ... 67
Certificate of approval of composition or scheme ... ... ... ... 74
Notice to creditors of application to approve composition or scheme 68
Notice to creditors of intention to pay composition ... ... ... ... 140
Notice to Official Receiver of application by debtor to approve
composition or scheme ... ... ... ... ... ... ... ... ... 69
Order for enforcement of provisions of composition or scheme ... 73
Order on application to approve composition or scheme ... ... ... 70
Proposal for composition ............ ... ... ... . 1. 64
Proposal for scheme ............... ... ... ... ... ... ... 65
Report of Official Receiver on proposal for composition or scheme 66
For
m Debt:
Admission of debt ... ... ... ... ... ... ... ... ... ... ... 113
Order to pay admitted 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
Declaration of inability to pay:
Declaration of inability to pay ... ... ... ... ... ... ... ... 2
Directions:
Application for by trustee ... ... ... ... ... ... ... ... ... 131
Order on application by trustee ... ... ... ... ... ... ... ... 132
Discharge:
Affidavit by debtor whose discharge has been granted conditionally
as to after-acquired property ... ... ... ... ... ... ... ... 93
Application for ....................... ... ... ... ... ... ... 81
Advertisement of date of hearing of application ... ... ... ... 82
Consent of bankrupt to judgment ... ... ... ... ... ... ... ... 91
Judgment .............................. ... ... ... ... ... ... 92
Notice to creditors of application ... ... ... ... ... ... ... ... 84
Notice to Official Receiver and trustee of application ... ... ... 83
Order of, unconditionally ... ... ... ... ... ... ... ... ... 85
Order refusing discharge ... ... ... ... ... ... ... ... ... ... 86
Order subject to conditions as to earnings, etc . ... ... ... ... ... 89
Order subject to consent to judgment ... ... ... ... ... ... ... 90
Order suspending discharge ... ... ... ... ... ... ... ... ... 87
Disclaimer:
Without notice .......................... ... ... ... ... ... ... 125
Of lease after notice ................. ... ... ... ... ... ... 126
Of lease with leave of court ... ... ... ... ... ... ... ... ... 127
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 dis-
claimer before court ... ... ... ... ... ... ... ... ... ... 130
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
Gazetting and publication in newspaper:
Substituted service of petition or bankruptcy notice ... ... ... ... 15
Transfer from separate estate to joint estate ... ... ... ... ... 154
Form
Interim receiver:
Application for, order thereon ... ... ... ... ... ... ... ... 13
Issues of fact:
For trial by jury ... ... ... ... ... ... ... ... ... ... ... 133
Letters, etc.:
Order for redirection (section 28) ... ... ... ... ... ... ... ... 111
Meetings:
First meeting:
Affidavit of postage of notices ... ... ... ... ... ... ... ... 33
Application for extension of time for holding and order thereon ... 29
Certificate of postage of notices ... ... ... ... ... ... ... ... 34
List of ~tors assembled at ... ... ... ... ... ... ... ... 45
Memorandum of adjournment ... ... ... ... ... ... ... ... 37
Memorandum of proceedings at adjourned first meeting: no quorum 38
Notice to creditors where no offer of composition or scheme ... ... 30
Notice to creditors where debtor submits offer ... ... ... ... ... 31
Notice to creditors of adjourned meeting ... ... ... ... ... ... 32
Notice to debtor to attend ... ... ... ... ... ... ... ... ... 35
Resolutions where adjudication resolved on ... ... ... ... ... 36
Other meetings:
Affidavit of postage of notices ... ... ... ... ... ... ... ... 41
Certificate of postage of notices ... ... ... ... ... ... ... ... 42
List of creditors assembled at ... ... ... ... ... .. 1 ... ... 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 where debtor submits offer for composition ... 31
Notice to creditors to remove trustee and to fill vacancy ... ... ... 43
Order of court for general meeting of creditors ... ... ... ... ... 39
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 petition ... ... ... ... ... ... ... ... ... ... ... 10
Creditor's petition (section 112) ... ... ... ... ... ... ... ... 134
Debtor's 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 (first meeting) ... ... ... ... ... ... ... ... ... 33
Affidavit of, general................. ... ... ... .. . ... ... 41
Form
Certificate of (first meeting) ....... ... ... ... ... ... ... ... 34
Certificate of, general .............. ... ... ... ... ... ... 42
Proof.
Form of ................................ ... ... ... ... ... 46
Form of, for debt of workmen ... ... ... ... ... ... ... ... 48
Notice of rejection ... ... ... ... ... ... ... ... ... ... ... 49
By trustee in prior bankruptcy ... ... ... ... ... ... ... ... 47
Proxies:
General ................................ ... ... ... ... ... 50
Special ................................ ... ... ... ... ... 51
Public examination:
Application by Official Receiver 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 (local paper) ... ... ... ... ... 54
Order appointing time for ... ... ... ... ... ... ... ... ... 53
Order dispensing with ... ... ... ... ... ... ... ... ... ... 60
Order as to examination of person suffering from mental or physical
affliction ....................... ... ... ... ... ... ... 61
Order of adjournment .............. ... ... ... ... ... ... 59
Order that examination concluded ... ... ... ... ... ... ... 63
Shorthand writer, appointment of ... ... ... ... ... ... ... 55
Shorthand writer, declaration by ... ... ... ... ... ... ... ... 56
Receiving order:
Application to rescind ... ... ... ... ... ... ... ... ... ... 79
Notice of, etc., (for local paper) ... ... ... ... ... ... ... ... 27
Order rescinding ..................... ... ... ... ... ... 80
Order on creditor's petition ... ... ... ... ... ... ... ... ... 26
Order on debtor's petition ... ... ... ... ... ... ... ... ... 25
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 notice to creditors ... ... ... ... ... 137
Request:
For issue of bankruptcy notice ... ... ... ... ... ... ... ... 4
To deliver bill for taxation ... ... ... ... ... ... ... ... ... 143
Salary or income:
Notice of application for payment to trustee of portion of pay or
salary (section 56)... ... ... ... ... ... ... ... ... ...118
Order under section 56(1) ... ... ... ... ... ... ... ... ... 120
Order under section 56(2) ... ... ... ... ... ... ... ... ... 121
Scheme-see Composition or scheme.
........................Form
Shorthand writer:
Appointment of....................... ... ... ... ... ... ... 55
Declaration by ...................... ... ... ... ... ... 56
Special manager:
Affidavit by ...................... ... ... ... ... ... ... 151
Statement:
Of affairs ............................. ... ... ... ... ... ... 28
Of accounts under section 88 ... ... ... ... ... ... ... ... ... 150
To accompany application for release ... ... ... ... ... ... ... 137
Subpana
Summons under section 29 ... ... ... ... ... ... ... ... ... 112
Taxation:
Allocatur, for costs of debtor's petition ... ... ... ... ... ... 144
Request to deliver bill for ... ... ... ... ... ... ... ... ... 143
Title:
General title........................... ... ... ... ... ... ... 1
Trial by jury:
Issues of fact.......................... ... ... ... ... ... ... 133
Warrants:
Search warrant ........................ ... ... ... ... ... ... 108
Against debtor about to quit the Colony, etc . ... ... ... ... ... 110
Of committal for contempt ... ... ... ... ... ... ... ... ... 105
Of seizure ... ... ... ... ... ... ... ... ... ... ... ... ... 109
To apprehend person summoned under section 29 ... ... ... ... 115
Order for production for examination of person apprehended under
warrant under section 29 ... ... ... ... ... ... ... ... ... 116
FORMS
FORM 1 [rule 7.1
GENERAL TITLE
In the High Court of Hong Kong.
In Bankruptcy.
No. of 19
Re [JAMES BROWN]
Ex parte [here insert the Debtor, or J.S., a Creditor, or the Official Receiver,
or the Trustee]
FORM 2 [s. 3(1)(f); rule 43]
DECLARATION OF INABILITY TO
PAY
(Title.)
I, A.B. [name and description of debtor], residing at [and
carrying on business at hereby declare that I am unable to
pay my debts.
Dated this day of 19
A.B.
Signed by the debtor in my presence.
Signature of witness.
Address.
Description.
Filed the day of 19
NOTE-Where the debtor resides at a place other than his place of business both address should be inserted.
FORM 3 (s. 10; rule 50.1
DEBTOR'S PETITION
(Title.)
1, A.B. [name and description of debtor], residing at
[and carrying on business at (a)1 and
being unable to pay my debts, hereby petition the court that a receiving order
be made in respect of my estate [and that I may be adjudged bankrupt].
Dated this day of 19
A.B.
Signed by the debtor in my presence.
Signature of witness.
Address.
Description.
Filed the day of 19
NOTE-Where the debtor resides at a place other than his place of business both addresses sham& be
Inserted.
FORM 4 [s. 4; rule 44.1
REQUEST FOR ISSUE OF BANKRUPTCY
NOTICE
of in
the of hereby
request that a bankruptcy notice be issued by the court against (a)
2.1 produce a sealed copy of a final judgment or order against the
said obtained
by (b) in the High Court
on the day of 19
3. Execution on the said judgment or order has not been stayed.
Dated this day of 19
Judgment Creditor (c)
NOTE-Where the debtor resides at a place other than his place of business both addresses should be
inserted.
FORM 5 [s. 4; rule M
BANKRUPTCY NOTICE ON JUDGMENT OR ORDER
(Title.)
To A.B. [or A.B. & Co.] ' of
TAKE NOTICE that within [seven] days after service of this notice on you
excluding the day of such service you must pay to
of for to of his
(or their) agent duly authorized] (a) the sum of $ claimed
by (b)as being the amount due on a final judgment or order
obtained by (c)against you in the High Court,
datedwhereon execution has not been stayed, or you
must secure or compound for the said sum to (d) satisfaction
[or the satisfaction of his (or their) said agent] (a) or to the satisfaction of the
court; or you must satisfy the court that you have a counterclaim, set-off or
cross-demand against (c)which equals or exceeds
the sum claimed by (c)and which you could not
set up in the action or other proceedings in which the judgment or other was
obtained.
Dated this day of 19
Registrar.
ENDORSEMENT ON NOTICE
You are specially to note:
That the consequences of not complying with the requisitions of this notice
are that you will have committed an act of bankruptcy, on which bankruptcy
proceedings may be taken against you.
If however, you have a counterclaim, set-off or cross-demand which equals
or exceeds the amount claimed by (e) in respect of
the judgment or order and which you could not set up in the action or other
proceedings in which the said judgment or order was obtained, you must
within days apply to the court to set aside this notice, by
filing with the Registrar an affidavit to the above effect.
(f)
FORM 6
FORM OF AFFIRMA71ON
(Alternative form to be used in cares where deponent is affirmed and not sworn, and form of
jurat where affirmation has to be interpreted to deponent).
I, of do solemnly and sincerely
affirm
Affirmed at the Courts of Justice, Hong Kong, this day
of ' 19 , the contents of this affirmation having
been first duly interpreted to the deponent in
the language by
Sworn Interpreter
Before me,
A Commissioner, etc.
FORM 7 [rule 48.]
AFFIDAVIT OF SERVICE OF BANKRUPTCY
NOTICE
(Title.)
In the matter of a bankruptcy notice, issued
1, LM, of make oath and say-
1. That 1 did on day the day
of 19 , serve the above-mentioned A.B. [or the
partners in the above-mentioned firm of ] with a copy of
the above-mentioned notice, 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] at in the noon.
2. A sealed copy of the said notice is hereunto annexed and marked
..............................
Sworn at, etc.
L.M.
NOTE-1f the service is effected on a person having at the time of service the control or management of the
partnership business, the affidavit must, after the description of the place
service. contain the words---beingthe principal place of business of the said
FORM 8 [rules 45, 46.]
AFFIDAVIT ON APPLICATION TO SET ASIDE BANKRUPTCY
NOTICE
(Title.)
I, A.B., of make oath and say-
1. That I was, on the day of served
with the notice hereunto annexed [or describe the notice.]
That 1 have satisfied the debt claimed by C.D. by [state nature of satisfaction].
or,
2. That 1 have a counterclaim [or set-off or cross-demand] for
5being a sum equal to [or exceeding] the claim of the said C.D.
in respect of [here state grounds of counterclaim].
3. That 1 could not have Set up the said counterclaim [or as the case may be]
in the action in which the said judgment or order was obtained against me.
Sworn at, etc.
(Signature).
FORM 9 [rule 49.1
ORDER SETTING ASIDE BANKRUPTCY
NOTICE
(Title.)
In the matter of a bankruptcy notice issued .......................................
Upon the application of A.B. to set aside this notice, and upon reading
the affidavit of A.B. [and upon hearing ], it is ordered
that this notice be set aside, and that C.D. for as the case may be] pay to A.B.
the sum of $ for costs [or the costs of this matter].
Dated this day of 19
Registrar.
or,
(Title.)
In the matter of a bankruptcy notice issued .......................................
Upon the application of A.B. to set aside this notice, and upon reading
and hearing , and upon the said A.B.
having entered 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 two
sufficient sureties as the court [or C.D.] has approved [or having deposited in
court the sum of $1, as security for the amount claimed by the
notice, the condition of the bond [or deposit] being [here insert condition], it is
ordered, etc.
Dated this day of '19
Registrar.
FORM 10 [ss. 6, 9; rule 56.1]
CREDITOR'S
PETITION
(Title.)
I, C.D., of [or We, CA, of and E.F., of
hereby petition the court that a receiving order may be made in respect of the
estate of (a) of (b) and lately carrying
on business at [or residing at] (e), and say-
1. That the said A.B. is domiciled in the Colony [or has within a year
next preceding the presentation of this petition resided (or carried on business)
within the Colony or as the case may be, following the terms of section 6].
2. That the said A.B. is justly and truly indebted to me [or us] in the
aggregate in the sum of 5[set out amount of debt or debts and
the consideration].
3. That 1 [or we] do not, nor does any person on my (or our] behalf hold any
security on the said debtor's estate, or on any part thereof, for the payment of the
said sum.
or,
That 1 hold security for the payment of [or part of] the said sum [but that
1 will give up such security for the benefit of the creditors of A.B. in the event
of his being adjudged bankrupt (or and I estimate the value of such security at
the sum of A
or,
That 1, CA, one of your petitioners, hold security for the payment of etc.
That 1, E.F., another of your petitioners, hold security for the payment of,
etc.
4. That A.B. within 3 months before the date of the presentation of this
petition has committed the following act [or acts] of bankruptcy, namely (here set
out the nature and date or dates of the act or acts of bankruptcy relied on].
Dated this day of 119
(Signed) C.D.
E.F.
Signed by the petitioner in
my presence.
Signature of witness.
Address.
Description.
NO 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 by the petitioner E.F. in my presence.--- If the petition be 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.--- If the
debtor resides at any place other than the place where he carries on business both addresses should be inserted.
ENDORSEMENT
This petition having been presented to the court on the day
of 19 , it is ordered that this petition shall be
heard at on the day of
19 , 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 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 11 [s. 9; rule 56.1
AFFIDAVIT OF TRUTH OF STATEMENTS IN
PETITION
(Title.)
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-1f 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 afurther affidavit by
someperson or persons who can depose to the truth af the remaining statements.
FORM 12 [s. 9; rule 56]
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 the said A.B. committed the act [or acts] of bankruptcy stated to have
been committed by him in the said before-mentioned petition.
3. That A.B. has within a year 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-
4. That A.B.is justly and truly indebted to me in the sum of
5 as stated in the said before-mentioned petition.
And 1 the said G.H. for myself say
5. 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 ~RIM RECEIVER
(Title.)
1, C.D., of , do, on the grounds set forth in the
annexed affidavit, apply to the court to appoint the Official Receiver as interim
receiver of the property of the said A.B., and [here insert any special directions
to the receiver that may be desired].
Dated this day of 19
(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 receiver 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 19
Registrar.
FORM 14 [rule 59.]
AFFIDAVIT OF SERVICE OF PETITION
(Title.) In the matter of a petition
dated
1, L.M., of 1 make oath and say-
1. That 1 did, on day the day of 19
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.
*NO 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---
beingthe principal place of business of the said
FORM 15 [rule 48.]
SUBSTITUTED SERVICE OF PETITION OR BANKRUPTCY NOTICE
NOTICE IN NEWSPAPER
( Title.)
In the matter of a bankruptcy petition filed the day
Of ' 19 [or In the matter of a bankruptcy notice
issued on the day of '19
Take notice that a bankruptcy petition has been presented [or a bankruptcy
notice has been issued] against you by
of and the court has ordered that the sending of
a sealed copy of the petition (or bankruptcy notice] together with a sealed copy
of the order for substituted service by registered post addressed to
andlor 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 [or bank-
ruptcy notice] upon you; (a) and further take notice that the said petition win
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 receiving order against you in your
absence.
The petition [or bankruptcy notice] may be inspected by you on
application at the court.
Dated this day of 19
Registrar.
To A.B.
FORM 16 [rule 48.1
ORDER FOR SUBSTITUTED SERVICE OF A
PETITION
OR BANKRUPTCY
NOTICE
(Title.)
In the matter of a bankruptcy petition fled the day
Of (or In the matter of a bankruptcy notice issued
on the day of 19
Upon the application of and upon reading the
affidavit of Of in
the of
It is ordered that the sending of a scaled copy of the above-mentioned
petition [or bankruptcy notice] 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 [or of the issuing
of such bankruptcy notice] shall be deemed to be good and sufficient service of
the said petition [or bankruptcy notice] on the said on the
day of completing such posting or publication as aforesaid.
Dated this day of 19
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 '19 , by C.D. of
[or and E.F. of , G.H. of , etc.]
1, the above A.B., do hereby give you notice that 1 intend to show cause
against the petition and that I intend to dispute the petitioning creditor's
debt [or the act of bankruptcy, or to contend that or as the
case may be.]
Dated this day of '19
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 $500, 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 Registrar 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 '19
Registrar.
FORM 19 [rules 13, 80.]
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 one
thousand nine hundred and
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, scaled and delivered by the above-bounden in
the presence of
NOTE-If a deposit of money be made the memorandum should follow the term of the conditions of the bond.
This form may be adapted to other cases.
FORM 20 [rule 18.1
NOTICE OF SURETIES
(Title.)
In the matter of a bankruptcy petition [or In the matter of a bankruptcy
notice by C.D.] 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 19
(Signature)
To the Registrar
and to L.M. of
FORM 21 [rule 19.1
AFFIDAVIT OF
JUSTIFICATION
In the matter of a bankruptcy petition against A.B. of
[or In the matter of a bankruptcy notice by L.M. against A.B.
of I.
I, E.F., of one of the sureties for make
oath and say-
1. That 1 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 1 am worth property to the amount of 5 [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
1 am now security].
3. That 1 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 High Court in the sum of 5 for G.H., at the suit
of I.K. in the High Court in the sum of 5 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 bonds-
man 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 5 , situate at 1 or of other property,
particularizing each description of property, with the value thereof].
5. That 1 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 19
at o'clock in the noon.
Dated this day of '19
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 land that the petitioner do pay to the said A.B.
the taxed costs thereof].
Dated this day of 19
Registrar.
FORM 24
ORDER RESTRAINING ACTION, ETC. BEFORE RECEIVING
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 119
Registrar.
FORM 25 Is. 5; rules 69, 75.1
RECEIVING ORDER ON DEBTOR'S
PRTITION
(Title.)
On the petition of the debtor himself, filed the day
Of ' 19 1 , a receiving order is hereby
made against A.B. [insert name, addresses and descriptions of debtor as set
out in petition], and the Official Receiver is hereby constituted receiver of the
estate of the said debtor.
Dated this day of 119
Registrar.
NO NOTE.-The above-named debtor is required immediately after the service of this order upon AIM to
attend the Official Receiver at his office at (state address).
The Official Receiver's offices are open (except on holidays) every week-day from a.m. to p.m., except
Saturdays. when they close at p.m.
ENDORSEMENT ON
ORDER
The name and address of the solicitor (if any) to the debtor are [insert name
and address].
FORM 26 [s. 5; rules 69, 75.]
RECEIVING ORDER ON CREDITOR'S
PETITION
(Title.)
On the petition dated the day of 19
of J.S.' of
a ~tor, filed the [insert date], and on reading and
hearing and it appearing
to the court that the following act or acts of bankruptcy has or have been
committed, viz-
[Set out the nature and date or dates of the act or acts of
bankruptcy on which the order is made.]
A receiving order is hereby made against A.B. [insert name, addresses and
descriptions of debtor as set our in petition) and the Official Receiver is hereby
constituted receiver of the estate of the said debtor.
Dated this day of '19
Registrar.
NO NOTE.-The above-named debtor is required, immediately after the service of this order m~
him, to attend the Official Receiver at his office at (state address).
The Official Receiver's offices are open (except on holidays) every week-day from a.m. to p.m.,
except Saturdays, when they close at p.m.
ENDORSEMENT ON
ORDER
The name and address of the solicitor to the petitioning creditor are
[insert name and
address).
FORM 27 [ss. 22(2), 78(1)(f); rule 78.]
NOTICE OF RECEIVING ORDER, ETC. (for local
newspaper)
(Title.)
Receiving order made
...........................................................................
Date and place of first meeting
...............................................................
Date of public examination
....................................................................
Date of adjudication (if any)
..................................................................
Note-All debts due to the estate should be paid to me.
Official Receiver.
Dated this day of '19
FORM 28 Is. 18(1);
rules 81, 150.1
STATEMENT OF AFFAIR
To the Debtor,
You are required to fill up, carefully and accurately, this sheet and such
of the several sheets A, B, C, D, E, F, G, H, I, J, K, L and M* as are applicable
showing the state of your affairs on the day on which the receiving order
was made against you, viz. the day of 9
19 . Such sheets, when filled up, will constitute your Statement of
Affairs, and must be verified by oath, declaration or affirmation.
I, of
, make oath and say that the above
statement and the several lists hereunto annexed marked are,
to the best of my knowledge and belief, a full, true and complete statement
of my affairs on the date of the above-mentioned receiving order made
against me.
Sworn at the Courts of Justice, Hong Kong, this day
of '19
Before me,
A Commissioner, etc.
Alternative form to be used where affirmation is made, and
statement of affairs has to be interpreted to deponent
of , do solemnly and sincerely affirm that the
contents of this my statement of affairs and of the several lists thereunto annexed
and of my affirmation are to the best of my knowledge and belief full, true and
complete.
Affirmed at the Courts of Justice, Hong Kong, this day
of ' 19 , the contents of this statement of affairs
and of the several lists hereunto annexed, and the affirmation, having been
first duly interpreted to the deponent in
the language by
Sworn Interpreter.
Before me,
A Commissioner, etc.
(Signature)
A
UNSECURED
CREDITORS
The names to be numbered consecutively, creditors for $1,000 and upwards
being placed first.
(Signature)
Dated this day of '19
NOTES.-1. When there is a contra account against the creditor less than the amount of
his claim against the estate, the amount of the creditor's claim and the amount of the contra
account should be shown in the third column and the balance only Inserted under the
heading 'Amount of debt' thus
It
Total amount of claim ... ... ... ... ... ... ... ... ... ... ... ...
Less contra account............. ... ... ... ... ... ... ... ...
...
No such set-off 3~ be Included in sheet 'W'
2. The particulars of any bills of exchange and
promissory
promissory notes held by a creditir
should be inserted immediately below the name and address of such creditor.
B
CREDITORS FULLY SECURED
(Signature)
Dated this day of '19
c
CREDITORS PARTLY SECURED
(Signature)
Dated this day of '19
D
LIABILITIES OF DEBTOR on bills discounted other than
his own acceptances for value
(Signature)
Dated this day of '19
E
CONTINGENT OR OTHER LIABILITIES
(FULL PARTICULARS of all liabilities not otherwise
scheduled to be given here.)
(Signature)
Dated this day of '19
F
CREDITORS FOR RENT, ETC., RECOVERABLE lay DISTRESS
Dated this day of '19
G
PREFERENTIAL CREDITORS FOR RAM TAXES, AND WAGES
(Sigature)
Dated this day of '19
H
PROPERTY
FULL PARTICULARS of every description of PROPERTY in possession and in
reversion as defined by section 2 of the Bankruptcy Ordinance (Chapter 6) not
included in any other list, are to be set forth in this list-
Dated this day of '19
(Signature)
1
DEBTS DUE To THE ESTATE
Dated this day of '19
(Signature)
NOTE.-If any debtor to the estate is also a creditor, but for a less amount than his indebtedness, the gross
amount due to the estate and the amount of the contra account should be shown in the third column and the balance
only inserted under the heading---Amountof debt- thus
Due to estate ... ... ... ... ... ... ... ... ... ... ... ... ...
Less contra account ............ ... ... ... ... ... ... ... ...
No such claim should be included in sheet 'A'.
BILLS OF EXCHANGE, PROMISSORY NOTES, Em, AVAILABLE As ASSETS
Dated this day of '19
(Signature)
K
DEFICIENCY (OR SURPLUS) ACCOUNT
Dated this day of '19
(Signature)
L
IN SUBSTITUTION for such of the sheets named 'A' to 'J' as will have
to be returned blank
Dated this day of '19
(Signature)
m
Particulars of all property held by or in name of wife (or of any concubine.)
Dated this day of '19
(Signature)
FORM 29 [Meetings of ~tors
Rules, rule 1.1
APPLICATION FOR EXTENSION OF TIME FOR
HOLDING FIRST
MEETING AND ORDER THEREON
(Title.)
Ex parte the Official Receiver
the Official Receiver in the above matter,
apply to the court for an extension of time to the day
of ' 19 for holding the first meeting of
creditors, on the ground following (a)-
That the said debtor has not submitted a statement of and in relation to his
affairs in compliance with section 18 of the Bankruptcy Ordinance
(Chapter 6).
or
That the said debtor has obtained in extension of time for submitting a
statement of and in relation to his affairs, viz. to the
day of '19
or
That the prescribed notice in the Gazette of the first meeting of creditors in
the above matter required by rule 2 of the Meetings of Creditors Rules
cannot be given in time for holding the meeting within 14 days from the
date of the receiving order.
or
That there may be sufficient time for the books of the debtor to be examined
and the statement of affairs investigated.
Dated this day of '19
Official Receiver.
ORDER THEREON
Upon the application of the Official Receiver it is ordered that the time for
holding the first meeting of creditors in the above matter be extended to
the day of '19
Dated this day of '19
Registrar.
FORM 30 [s. 17; rule 101.]
NOTICE To CREDITORS OF FIRST MEETING, WHERE THE DEBTOR HAS
NOT SUBMITTED A PROPOSAL FOR A COMPOSITION OR SCHEME
(Title.)
(Under receiving order dated the day of 19
Notice is hereby given that the first meeting of creditors in the above
matter will be held at the Official Receiver's Office,
(state address) on the day of 19
at o'clock in the noon.
A form of proof and forms of general and special proxy are sent herewith.
To entitle you to vote thereat your proof must be lodged with me not later
than 24 hours before the time appointed for the meeting.
Proxies to be used at the meeting must be lodged with me not later than 24
hours before the time appointed for the meeting.
The public examination of the debtor is fixed for the day
of ' 19 at o'clock in the noon,
at the Courts of Justice.
. Any creditor who has tendered a proof, or his representative authorized in
writing, may question the debtor on his public examination concerning his affairs
and the causes of his failure.
Dated this day of '19
Official Receiver.
(The debtor's statement of affairs (a)
NOTE-At the first meeting the creditors may amongst Other things---
1. By ordinary resolution resolve that the debtor be adjudged bankrupt, and in that Case they may also. by
ordinary resolution, appoint a trustee.
2. By ordinary resolution appoint a committee of Inspection from among the creditors or the holders or
intended holders of general proxies or general powers of attorney for the creditors.
FORM 31 [ss. 17, 25; rules 101, 1021
NOTICE OF FIRST OR OTHER MEETING WHERE DEBTOR
SUBMITS AN
OFFER OF COMPOSITION OR
SCHEME
(Title.)
(Under receiving order, dated theday of 19
Notice is hereby given that the first for a general] meeting of the creditors
of the above-named debtor will be held at the Official Receiver's Office,
(state address) on the day of
19 at o'clock in the noon precisely.
Creditors qualified to vote at such meeting may, by a resolution passed by a
major in number, and three-fourths in value, of all the creditors who have proved
their debts, accept the proposal made by the debtor for a composition for scheme],
the terms of which are set forth in the accompanying report, or any amendment of
such proposal which in the opinion of the Official Receiver is calculated to benefit
the general body of creditors.
A form of proof and forms of general and special proxy are sent herewith.
Proofs of debt intended to be used at the meeting must be lodged with the
Official Receiver not later than 24 hours before the time appointed for the
meeting.
Proxies to be used at the meeting must be lodged not later than 24 hours
before the time appointed for the meeting.
Creditors who prove their debts, and whose proofs are admitted, and who do
not vote on the debtor's proposal, will be reckoned as voting against it.
The public examination of the debtor is fixed for the day
of ' 19 at o clock in the noon,
at (state address).
Any creditor who has tendered a proof, or his representative authorized in
writing, may question the debtor on his public examination concerning his affairs
and the causes of his failure.
Dated this day of 19
Official Receiver.
NOTES
1. Creditors who have proved may vote for or against the acceptance of the debtor's proposal by means of the
voting letter attached to the Official Receiver's report.
2. If the proposal be not accepted the meeting may, if the debtor has not already been adjudged bankrupt,
resolve on his adjudication. and in that case they may also by ordinary resolutions appoint a trustee and a
committee of inspection.
FORM 32 1 Is. 17; rule 102.]
NOTICE To CREDITORS OF ADJOURNED MEETING
(Title.)
Take notice that the meeting of creditors in the above matter held on
the day of at the Official Receiver's Office
was adjourned to the day of and will
accordingly be held at the Official Receiver's Office,
(state address) on the said day at o'clock in the noon.
Agenda
[Insert here nature of business to be transacted.]
Dated this day of 19
Official Receiver.
FORM 33 [rule 105.]
AFFIDAVIT OF POSTAGE OF NOTICES. FIRST MEETING
(Title.)
a clerk in the office of the Official Receiver, make
oath and say as follows
1. That I did, on the day of 19
send to each creditor mentioned in the debtor's statement of affairs, and to
the above-named debtor, a notice of the time and place of the (a) first 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 debtor, and also to the said debtor 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. FIRST
MEETING
(Title.)
a clerk in the office of the Official Receiver,
hereby certify
1. That 1 did, on the day of 19
send to each creditor mentioned in the debtor's statement of affairs, a notice
of the time and place of the (a) first 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 debtor.
3. That the post office acknowledgment for the same is hereunto annexed and
marked 'A'.
4. That I did on the said day of 19
send by registered post notice of the time and place of the said meeting to the
said debtor, and that such notice was sent to the following address,-
Dated this day of ' 19
Clerk to the Official Receiver.
FORM 35 [rule 100.]
NOTICE To DEBTOR To ATTEND FIRST MEETING OF
CREDITORS
(Title.)
Take notice that the first meeting of your creditors will be held on the
day of 19 , at o'clock at the
Official Receiver's Office,(state address) 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 19
Official Receiver.
TO
the above-named debtor.
FORM 36 [Meetings 'of Creditors
Rules, rule 26.]
RESOLUTIONS WHERE ADJUDICATION
RESOLVED ON
(Title.)
Minutes of resolutions come to and proceedings had at the first meeting
of creditors held at this day of
19 1 , Official Receiver, Chairman.
Resolved as follows [unanimously]
That A.B. shall be adjudged bankrupt, and that the Official Receiver do apply
to the court to make the adjudication.
That G.H. of [residence and occupation] [or That the Official Receiver]
shall be the trustee of the property of the bankrupt.
That I.K., L.M., N.O., AQ. and R.S. be appointed the committee of inspection
in this bankruptcy, for the purpose of superintending the administration of the
property of the bankrupt by the trustee.
[Here add any other resolutions that may be come to as to the manner of
the administration of the property by the trustee, etc.]
Chairman.
NOTE.-When a resolution is carried unanimously the creditors need not sign, but when a
division Is taken all creditors and holders of Proxies voting should sign. The signatures must be
attached at the meeting. Resolutions should be put separately.
FORM 37 [rule 107.]
MEMORANDUM OF ADJOURNMENT OF FIRST OR OTHER MEETING
(Title.)
Meeting held at on the day of
19 , at o clock.
Memorandum-The (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 (b)
the meeting was adjourned until the day of
19 at o'clock in the noon, then to be held at the
same place.
Chairman.
FORM 38
MEMORANDUM OF PROCEEDINGS AT ADJOURNED FIRST MEETING
WHERE NO QUORUM
(Title.)
Meeting held at on the day of
19 , 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 [s. 17; rules 10, 100.]
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 Official Receiver] do summon
a meeting of the creditors of the bankrupt to be held at on the
day of ' 19 , at o'clock in the
noon [here state the purpose for which meeting called].
Dated this day of 19
Registrar.
FORM 40 [rule 101.3
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 19 at
o'clock in the noon.
(Forms of general and special proxy are enclosed herewith.)
Agenda.
Dated this day of 19
(Signed) (a)
FORM 41 [rule 105.]
AFFIDAVIT OF POSTAGE OF NOTICES
(GENERAL)
(Title.)
1,
the trustee [or clerk to the trustee, as the case may be] in the above matter,
make oath and say as follows-
1. That I did on the day of 19
send to each creditor who has proved in this matter, and also to all creditors
mentioned in the debtor's statement of affairs, a notice of (a)
2. That such notices were addressed to such of the said creditors who have
proved their debts according to the addresses in their respective proofs, and to such
as have not proved, according to their respective names and addresses appearing in
the statement of affairs of the said debtor.
3. That the post office acknowledgment for the same is hereunto annexed and
marked 'A'.
Sworn at, etc.
(Signature)
FORM 42 [rule
105.1
CERTIFICATE OF POSTAGE OF NOTICES (GENERAL)
(Title.)
a clerk in the office of the Official Receiver, hereby certify-
1. That 1 did on the day Of 19
send to each creditor who has proved in this matter, and also to all creditors
mentioned in the debtor's statement of affairs, a notice of (a)
2. That such notices were addressed to such of the said creditors who have
proved their debts according to the addresses in their respective proofs, and to such
as have not proved, according to their respective names and addresses appearing in
the statement of affairs of the said debtor.
3. That the post office acknowledgment for the same is hereunto annexed and
marked 'A'.
Dated this day of 19
Clerk to the Official Receiver.
FORM 43 [rule 102.]
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 ' 19, at o'clock 'm
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 '19
LM,
A member of the Committee of Inspection
for Official Receiver).
FORM 44 [rule 102.1
NOTICE OF MEETING TO BE HELD TO APPOINT NEW TRUSTEE
I, C.D., Official Receiver, hereby give you notice that a meeting of creditors
will be held at on the day of 119
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 receiving order has been made].
Dated this day of 19
Official Receiver.
FORM 45 [s. 17.1
LIST OF CREDITORS ASSEMBLED. To BE USED AT EVERY MEETING
(Except a meeting at which a scheme or composition has been considered.)
(Title.)
Meeting held at this day of
19
FORM 46 [rule 109.1
PROOF OF DEBT. GENERAL FORM
(Title.)
No. (a) of 19
Re (a) (a) Here insert the
number of matter,
and the name of
I, (b) debtor, as given on
the notice of meet-ing.
of make
oath and say-
(b) Fill in full
name, address and
occupation of de-
ponent.
If proof made by
creditor strike out
clauses (c) and (d).
If made by clerk of creditor strike out (d).
If by clerk or agent of company strike out (c).
(c) Insert 'me' of in case of a firm
'me and C.D. and E.F. my co-partners
trading as', or if by clerk, insert name,
address and description of principal.
Debt ......$ :
Contra.....$ :
____________________
$ :
=====================
(c) That I am in the employ of the under-mentioned
creditor, and that I am duly authorized by
to make this affidavit, and that it is within my
own knowledge that the debt hereinafter deponed to was incurred,
and for the consideration stated, and that such debt, to the best of my
knowledge and belief, still remains unpaid and unsatisfied.
(d) That 1 am duly authorized, under the seal of the 5
company hereinafter named, to make the proof of debt on
its behalf.
That the said W ,at the date of the
receiving order, viz., the day of '19
and still justly and truly indebted to (e)
in the sum of dollars and
cents for (f) as shown
account endorsed hereon NOTE THIS
by the* account hereto annexed, marked 'A' } for (f) State consider-
which sum or any part thereof 1 say that 1 have not nor ation,as----Goods
hath (g) or any person by (h)order to sold and delivered
my knowledge or belief for (h) use had or received by me [and my said
any manner of satisfaction or security whatsoever, save and them] at his [or
except the following (i)- their] request be-
tween the dates of
[or moneys advanced
by me in respect of
the undermentioned
Admitted to vote for bill of exchange], or
as the case may be.
$ : * Strike out the
words not appli-
cable.
the day (g) 'my said part-
of 19 ners or any of
them or'the above-
named creditor', as
the case may be.
Official Receiver.
(h) 'my' or 'our'
or 'their' or 'his',
Admitted to rank Sworn at Where the debt as the case may be.
for this day proved for exceeds
dividend for of , 19 , $100 a $1 stamp (i) Here state the
$ : Before me must be affixed particulars of all
this day here as otherwise securities held, and
of , 19 . the proof cannot where the securities
be admitted. are on the property
of the debtor, assess
the value of the
same, and if any
bills or other nego-
Trustees. (Deponent's tiable securities be
signature.) held. specify them in
a schedule.
N.B--bills or other
negotiable securities
must be produced
before the proof can
be admitted.
The proof cannot be admitted for voting at the first
meeting unless it is properly completed and lodged with
the Official Receiver before the time named in the notice
convening such meeting.
PARTICULARS OF ACCOUNT REFERRED TO ON OTHER SIDE
(Credit should be given for contra accounts)
If space is not sufficient, let the particulars be annexed, but where the
particulars are on a separate sheet of paper the same must be marked by the person
before whom the affidavit is sworn, thus
IN BANKRIPTCY.-THIS is the account marked with the letter W referred to in
the annexed proof of the debt made by in re
Sworn before me this day of '19
A Commissioner, etc.
(Signature of Deponent)
FORM 47 [rule 109.1
PROOF BY TRUSTEE IN PRIOR
BANKRUPTCY
(Title.)
of make
oath and say-
1. The said was adjudicated a bankrupt
on 19 and I am the trustee under such
bankruptcy.
2. There was at the date of the receiving [or administration] order herein,
namely, the day of 1 19 , and still is an
unsatisfied balance of the debts provable in the aforesaid bankruptcy, of which
1 am trustee, amounting to 5 as shown in the statement
endorsed hereon [or annexed hereto and marked 'A'].
3. 1 claim to prove in the present bankruptcy for the said amount.
Sworn, etc.
Before me,
Admitted to vote for $
the day of
19
Official Receiver
or Trustee.
Admitted to rank for dividend
for $ this
day of ' 19
Official Receiver
or Trustee.
FORM 48 [rule no
PROOF OF DEBT OF WORKMEN
(Title.)
(a) of
(b)
make oath and say- $
1. That (c) W at the
date of the receiving order, viz. the day of 19 1
and stilljustly 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 workmen or others in
(d) in respect of services rendered by
them respectively to (e)during such periods before
the date of the receiving order as are set out against their respective names in
the fifth column of such schedule, for which said sums, or any part thereof, 1
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 2 3 4 5 6
Period
No.Full name of Address Description over which Amount
workman wages due due
- FORM 49 [rules 114, 1151
NOTICE OF REJECTION OF PROOF OF DEBT
((Title.)
Take notice, that, as Official Receiver [or trustee] of the above estate, 1 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 '19
Official Receiver or Trustee. TO
FORM 50 [s. 78(1)(d); rule 119.]
GENERAL PROXY
(Title.)
1, (a) of a creditor, hereby appoint (b)
to be (e) general proxy in the above matter
[excepting as to the receipt of dividend (d)].
Dated this day of '19
(Signature of witness) (Signed) (e)
(Address)
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).
Certificate to be signed by person other than creditor filling up the above
proxy
of , being a [here state whether clerk or
manager in the regular employment of the creditor or a commissioner to administer
oaths in the High Court or the Official Receiver], hereby certify that aft 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 19
(Signature)
The proxy must be lodged with the Official Receiver or trustee not later than
24 hours before the time appointed for the meeting at which it is to be used.
FORM 51 [s. 78(1)(d); rule 119.]
SPECIAL PROXY
(Title.)
I, (a) of a creditor, hereby appoint (b)
as (c) proxy at the meeting of creditors to be
held on the day of 19 or at any
adjournment thereof, to vote (d)
Dated this day of 19
(Signed) (e)
(Signature of witness)
(Address)
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 composition or scheme of arrangement;
(b)for or against the appointment of any specified person as trustee or as member of the
committee of inspection, or for or against the continuance in office of any specified
person, as trustee or member of a committee of inspection;
(c)on all questions relating to any matter, other than those above referred to, arising at 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 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) (f).
Certificate to be signed by person other than creditor filling up the above
proxy
of , being a [here state whether clerk or
manager in the regular employment of the creditor or a commissioner to
administer
oaths in the High Court or the Official Receiver], 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-namedand in his presence before he attached
his signature [or mark] thereto.
Dated this day of '19
(Signature)
The proxy must be lodged with the Official Receiver or 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 FOR AN ORDER
APPOINTING
A SITTING FOR THE PUBLIC EXAMINATION OF THE DEBTOR
(Title.)
A receiving order having been made in the above matter, application is hereby
made to the court by the Official Receiver for an order appointing the
day of at o'clock in the noon
at or such other time and place as
the court shall direct for holding the public examination of the debtor, and
that the debtor do attend such public examination.
Dated this day of ' 19
Official Receiver.
FORM 53 Is. 19.1
ORDER APPOINTING A TIME FOR THE PUBLIC EXAMINATION
OF 11M DEBTOR
(Title.)
Upon the application of the Official Receiver in the above matter, it is
ordered that the public examination of the above-named debtor he held at the
High Court, on the day of ato'clock in the
noon.
And it is ordered that the above-named debtor do attend at the place and time above-mentioned.
Dated this day of 19
Registor.
NOTE-Notice is hereby given that if You, the above-named debtor. fail, without reasonable excuse, to attend at
the time and place aforesaid You will be liable to be committed to prison without further notice.
FORM 54 [s. 19; rule 86.1
NOTICE OF DAY FOR PROCEEDING WITH PUBLIC EXAMINATION
(For LOCAL PAPER OF Gazette)
(Title.)
Notice is hereby given that the court has appointed day,
the day of ' 19 , at o'clock in
the noon, for proceeding with the public examination of the above-
named debtor, which, on the day of '19
was adjourned sine die.
Dated this day of 19
Official Receiver.
FORM 55 [s. 19; rule 23.]
APPOINTMENT OF SHORTHAND WRITER TO TAKE EXABORATION OF DEBTOR
(Title.)
Upon the application of the Official Receiver 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 19
Registrar.
FORM 56 [s. 19; rule 23]
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 saidin this matter, and will deliver true and faithful
transcripts thereof as the court may direct.
Dated this day of 19
Declared before me at the time and place above-mentioned.
FORM 57 [s. 19; rule 23.1
NOTES OF PUBLIC EXAMINATION OF DEBTOR WHERE A
SHORT~ WRITER IS APPOINTED
(Title.)
Public examination of the debtor held this day of
19 , before
The above-named debtor, 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 ' 19
Shorthand writer duly appointed under rule 23,
or
Shorthand writer attached to the Official Receiver's Office.
FORM 58 [s. 19; rule 23.]
NOTES OF PUBLIC EXAMINATION OF DEBTOR WHERE
SHORTHAND WRITER 18 NOT APPOINTED
Public examination of the debtor held this day of
19 , before
The above-named debtor 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 ' 19
Signature of person taking the notes.
FORM 59 [S. 19.1
ORDER OF ADJOURNMENT OF PUBLIC
EXAMINATION
(Title.)
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, and upon hearing and
it appearing that
It is ordered that the said public examination be adjourned to the day
of '19 1 at in the noon.
And it is further ordered that the saiddo attend at the court on
the said day of 19 , for the purpose of
being further examined as to his conduct, dealings, and property. And it is
further ordered that the said
Dated this day of 19
Registrar.
FORM 60 [s. 19; rule V
ORDER DISPENSING WITH PUBLIC EXAMINATION OF
DEBTOR
(Title.)
Upon the application of the Official Receiver [or of (a) of
1 in the above matter, and upon reading and
upon hearing and it appearing tothe court that the
debtor is (b) it is ordered that the public examination
of the debtor be dispensed with.
Dated this day of 19
Registrar.
FORM 61 [s. 19; rule 87.1
ORDER AS TO EXAMINATION OF DEBTOR WHO IS SUFFERING
FROM
~AL OR PHYSICAL AFFLICTION OR
DISABILITY
(Title.)
Upon the application of the Official Receiver [or of (a) of
] in the above matter, and upon reading 1
and upon hearing , and it appearing to the court that the
debtor is suffering from physical disability which makes him unfit to attend a
public examination in court [or as the case may be] it is ordered that instead of
a public examination of the debtor (b) the debtor be examined on oath at
(e) before the Registrar
on the day of ' 19 , at
&clock or such other time as having regard to the condition of the debtor may
be convenient, and that the Official Receiver and trustee and (d)
be at liberty to attend such examination and take part therein.
Dated this day of 19
Registrar.
FORM 62 [s. 19(8)].
MEMORANDUM OF PUBLIC EXAMINATION OF
DEBTOR
Memorandum-That I, the above-named debtor, 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, 1 have delivered
up to the Official Receiver or 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.] .
Dated this day of 19
Debtor.
FORM 63 [s.
19.]
ORDER OF COURT THAT EXAMINATION 15
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.
Dated this day of 19
Registrar.
FORM 64 [ss. 20, 25.1
PROPOSAL FOR A
COMPOSITION
the above-named debtor,
hereby submit the following proposal for a composition in satisfaction of my debts
1. That payment in priority to all other of my debts of all debts directed to be
so paid in the distribution of the property of a bankrupt shall be provided for as
follows--
[Set out terms of proposal so far as relate to preferential claims.]
2. That provision for payment of all the proper costs, charges and expenses of
and incidental to the proceedings, and all fees and percentages payable to the
Official Receiver and the court, shall be made in the following manner--
[Set out proposal for provisions for fees. charges, costs, etc.]
3. That the following composition shall be paid as hereinafter mentioned on
all provable debts
[Set out terms of composition.]
4. That the payment of the composition be secured in the following manner--
[Set out full names and addresses of sureties (if any) and
complete particulars of all securities intended to be given.]
Dated this day of 19
(Signed) (a)
FORM 65 [ss. 20, 25.1
PROPOSAL FOR A
SCHEME
(Title.)
I, , the above-named debtor, hereby
submit the following proposal for a scheme of arrangement of my affairs in
satisfaction of my debts.
1. That-
[Set our terms of scheme.]
2. That payment in priority to all other of my debts of all debts directed to be
so paid in the distribution of the property of a bankrupt is provided for as follows
[Set out or indicate by reference to the scheme how it is proposed to satisfy
preferential claims.]
3. That provision for payment of all the proper costs, charges and expenses
of and incidental to the proceedings, and all fees and percentages payable to the
Official Receiver and the court, is provided for as follows
[Set out or indicate by reference to the scheme how it is proposed to provide
for fees, costs, charges, etc.]
[Set out any other terms.)
Dated this day of '19
(Signed) (a)
FORM 66 [ss. 20, 25.]
REPORT OF OFFICIAL RECEIVER TO CREDITORS ON
PROPOSAL FOR
COMPOSITION OR
SCHEME
(Title.)
The Official Receiver hereby reports
1. That the debtor has lodged with him a proposal for a composition [or
scheme] to be submitted to the creditors, of which the following is a copy
[Here set out fully the terms of proposal.
2. That the liabilities as shown by the debtor's statement of affairs amount to
the sum of , and the assets are estimated by the
debtor at the sum of after payment of preferential debts.
3. That the value of the assets is fairly estimated by the debtor [or as the case
may be].
4. That the terms of the debtor's proposal [set out particulars of proposal and
observations on the proposal and the debtor's conduct.]
Dated this day of 19
Official Receiver.
FORM 67
APPLICATION TO EXTEND TIME FOR APPROVING A COMPOSITION OR
~ME AND ORDER THEREON
(Title.)
Ex parte the Official Receiver.
The Official Receiver reports to the court-
That a (a) was on the day of
19 , duly lodged by the debtor in the above matter.
That the public examination of the debtor was concluded on the
day of 19
That (b) in time
to allow of the approval of the said (a) within
14 days after the conclusion of the examination of the debtor as required by
section 22 of the Bankruptcy Ordinance (Chapter 6).
In these circumstances, application is made for an extension of time to
the day of 19for obtaining such approval.
Dated this day of 19
Official Receiver.
ORDER
Upon reading the above report of the Official Receiver, and bearing
, it is ordered that the time for obtaining
the approval of the said (a) in the above matter be
extended to the day of '19
Dated this day of '19
Registrar.
FORM 68 [8. 20(5).]
NOTICE To CREDITORS OF APPLICATION TO COURT TO APPROVE
COMPOSITION OR SCHEME OF ARRANGEMENT
(Title.)
Take notice that application will be made to the court, on
the day of ' 19 , at o'clock in
thenoon to approve the composition for scheme of arrangement]
as proposed by the said debtor and duly accepted by the statutory majority
of the creditors at a meeting held on the day
of '19
Dated this day of '19
Official Receiver.
FORM 69
NOTICE To OFFICIAL RECEIVER OF APPLICATION To COURT BY
DEBTOR TO APPROVE COMPOSITION OR SCHEME
(Title.)
Take notice that application will be made to the court on the
day of '19 , at o'clock in thenoon,
to approve the composition [or scheme] accepted on the day
of ' 19 by the statutory majority of creditors.
Dated this day of '19
Debtor.
FORM 70 [s. 20(12); rule 12.]
ORDER ON APPLICATION TO APPROVE COMPOSITION OR
SCHEME
(Title.)
On the application of and on reading
the report of the Official Receiver filed on the day
of , and hearing the Official Receiver and
and the court being satisfied that the creditors
in the above matter have duly accepted a composition [or scheme] in the
following terms, namely [here insert terms if short; if not, insert in the terms
contained in the paper writing marked 'A', annexed hereto]* and being
satisfied that the said terms are reasonable and calculated to benefit the general
body of creditors and that the case is not one in which the court would be
required, if the debtor were adjudged bankrupt, to refuse an order of discharge.
[and as the case may be.]
And being satisfied
(a) that no facts have been proved which would justify the court in refusing,
qualifying or suspending an order of discharge;
or
(b) that facts have been proved which would justify the court in refusing,
qualifying or suspending an order of discharge; but that having regard to the nature
of such facts, and the composition [or scheme] providing reasonable security for
payment of not less than 25 per cent on all the unsecured debts provable against
the debtor's estate, the said composition [or scheme] is hereby approved, and it is
ordered
(a) That the receiving order made against the said on
the day of 19 be and the same is hereby
discharged,
or
(b) That the order of adjudication made against the said on
the day of 19 be and the same is hereby
annulled.
or insert after *, if appropriate,
and being satisfied that the said terms are not reasonable or calculated to benefit the
general body of creditors
and [or insert after TAXES, if appropriate, and being satisfied]
(a) that the case is one in which the court would be required, if the debtor were
adjudged bankrupt, to refuse his discharge;
or
(b) that facts have been proved which would, under the Ordinance, justify the
court in refusing, qualifying or suspending the debtor's discharge.
The court doth refuse to approve the said composition [or scheme].
Dated this day of 19
Registrar.
FORM 71 [s. 20(15).]
APPLICATION FOR ENFORCEMENT OF PROVISION IN A COMPOSITION
OR SCHEME
(Title.)
In the matter of a composition [or scheme of arrangement] made by A.B., of
1, L.M., of do apply to this court for an order
for the enforcement of the provisions of the said composition [or scheme of
arrangement) against on the
grounds set forth in the annexed affidavit.
Dated this day of '19
L.M.
FORM 72 [s. 20(15).]
AFFIDAVIT IN SUPPORT OF APPLICATION Pop.
ENFORCEMENT OF
PROVISIONS OF A COMPOSITION OR SCHEME
(Title.)
In the matter of a composition [or scheme of arrangement] made by A.B.,
of
I, L.M., of make oath and say-
1. That 1 am interested in the said composition [or scheme of arrangement],
having proved my debt as a creditor of the said A.B. [or as the case may be].
2. That [one] of the provisions of the said composition [or scheme of
arrangement] is [or are] that [here set it or them out].
3. That has failed to comply with the said
provision for as the case may be].
Sworn at, etc.
L.M.
FORM 73 [s. 20(15).]
ORDER FOR ENFORCEMENT OF PROVISION IN A COMPOSITION OR SCHEME
(Title.)
In the matter of a composition [or scheme of arrangement] made by
A.B., of
Upon the application of L.M., of and reading
[here insert evidence], and upon hearing , the court
being of opinion that the provisions of the said composition [or scheme of
arrangement] mentioned in the said affidavit should be enforced, it is ordered
that [here insert order].
Dated this day of '19
Registrar.
TO
Take notice that unless you obey the directions contained in this order, you
will be deemed to have committed a contempt of court.
FORM 74
CERTIFICATE OF APPROVAL OF COMPOSITION OR SCHEME
(Title.)
I hereby certify that a composition [or scheme of arrangement] between
A.B., of , the above-named debtor,
and his creditors was duly approved by the court on the day
Of '19
Dated this day of '19
Official Receiver.
FORM 75 [s. 18(3).]
APPLICATION FOR ADJUDICATION UNDER SECTION 18
(Title.)
The Official Receiver hereby reports to the court
That a receiving order was made against the above-named debtor on
the day of '19
That the act of bankruptcy on which the petition was founded was the
allegation that the debtor had within 3 months before the date of the presentation
of the petition.
That the debtor has not submitted a statement of and in relation to his
affairs in pursuance of section 18 of the Ordinance.
The Official Receiver accordingly, in pursuance of the provisions of
section 18 of the Bankruptcy -Ordinance (Chapter 6) makes application to
the court to adjudge the said debtor bankrupt.
Dated this day of '19
Official Receiver.
FORM 76 [s. 22.1
APPLICATION FOR ADJUDICATION AFTER
RESOLUTION FOR
BANKRUPTCY OR BY
CONSENT
(Title.)
The Official Receiver reports to the court
That at the first meeting of the creditors of the said debtor held
at on the day of 19
the following resolution was passed-
'That , the above-named debtor, shall be adjudged bankrupt, and that the
Official Receiver do apply to the court to make the adjudication');
[and/or that the debtor has, in writing, consented to be adjudged bankrupt.]
The Official Receiver accordingly, in pursuance of the provisions of
section 22 of the Bankruptcy Ordinance (Chapter 6) makes application to the
court to adjudge the said debtor, bankrupt.
Dated this day of '19
Official Receiver.
FORM 77 [s. 22.1
APPLICATION FOR ADJUDICATION WHERE NO
QUORUM
AT ADJOURNED MEETING
(Title.)
The Official Receiver reports to the court
That a receiving order was made against the above-named debtor on
the day of '19
That the first meeting of creditors was duly summoned to be held
at on the day of ' 19
That creditors qualified to vote not being present or represented thereat
to form a quorum, the said meeting was adjourned to the day
of '19
That at such adjourned meeting creditors qualified to vote not being
present or represented to form a quorum no resolution was passed.
That (a)
The Official Receiver accordingly, in pursuance of section 22 of the
Bankruptcy Ordinance (Chapter 6) makes application to the court to adjudge
the said debtor, bankrupt.
Dated this day of '19
Official Receiver.
FORM 78 [s. 22; rule 12
ORDER OF
ADJUDICATION
(Title.)
Pursuant to a petition, dated against [here
insert name, description and address of debtor] on which a receiving order was
made, on the [date], and on the application of the Official Receiver, and on
reading and hearing it is
ordered that the debtor be and the said debtor is hereby adjudged bankrupt.
Dated this day of '19
Registrar.
or
Whereas pursuant to a petition dated against
A.B., a receiving order was made on the [date]: And whereas it appears to
the court that at the first meeting of creditors held on the [date], [or at an
adjournment of the first meeting of creditors] at
it was duly resolved that the debtor be adjudged bankrupt. It is ordered that the
debtor be and the said debtor is hereby adjudged bankrupt.
Dated this day of 119
Registrar.
FORM 79 Me 80.]
APPLICATION TO ANNUL ADJUDICATION OR RESCIND
RECEIVING ORDER
(Title.)
TAXES, R.S., of , being interested in this matter [or
Official Receiver] do hereby make application
to the court that the order of adjudication [or receiving order] against A.B. be
annulled [or rescinded] [here state grounds of application].
Dated this day of 19
(Signature)
FORM 80 - [rule 12.]
ORDER ANNULLING ADJUDICATION OR RESCINDING
RECEIVING ORDER
(Title.)
On the application of R.S., of [or On the
application of the Official Receiver], and on reading and
hearing1 it is ordered that the order of adjudication
[or receiving order] dated against A.B., of be
and the same is hereby annulled [or rescinded].
Dated this day of '19
Registrar.
FORM 81 [s. 30; rule 88]
APPLICATION FOR ORDER OF DISCHARGE
(Title.)
I, A.B., ofhaving been adjudged bankrupt on
the day of ' 19 , and being desirous of
obtaining my discharge, hereby apply to the court to fix a day for hearing
my application.
of My public examination WHERE . as concluded on the day
Annexed hereto is the certificate of the Official Receiver certifying the
number of my creditors.
Dated this day of '19
Debtor.
To the Registrar.
FORM 82 [s. 30; rule 88.]
NOTICE OF DAY FOR HEARING OF APPLICATION FOR DISCHARGE
(For local paper or Gazette)
(Title.)
Notice is hereby given that the court has appointed day,
the day of ' 19 at o'clock in
the noon, for hearing the application of the above-named debtor
for his discharge.
Dated this day of '19
Official Receiver.
FORM 83 [s. 30; rule 88]
NOTICE To OFFICIAL RECEIVER AND TRUSTEE OF APPLICATION
FOR DISCHARGE
(Title.)
The bankrupt having applied to the court for his discharge, the court
has fixed the day of ' 19, at o'clock
in the noon atfor hearing the application.
Dated this day of 19
Registrar.
To the Official Receiver,
and trustee of the
estate of the
bankrupt.
FORM 84 1 [s. 30; rule 88.1
NOTICE To CREDITORS OF APPLICATION FOR
DISCHARGE
(Title.)
Take notice that the above-named bankrupt has applied to the court for
his discharge, and that the court has fixed the day of
19 , at o'clock for hearing the application.
Dated this day of 19
Official Receiver.
FORM 85 [s. 30; rules 12,
94.1
ORDER GRANTING DISCHARGE
UNCONDITIONALLY
(Title.)
On the application of A.B., of etc. adjudged bankrupt on the day
of ' 19 , and upon taking into consideration the
report of the Official Receiver as to the bankrupt's conduct and affairs, including
the bankrupt's conduct during the proceedings under his bankruptcy, and upon
hearing the Official Receiver, and C.D., E.F., etc. creditors, and G.H., the
trustee [as the case may be].
And whereas it has not been proved that the bankrupt has committed any of
the misdemeanors or felonies mentioned in section 30 of the Bankruptcy
Ordinance (Chapter 6), and proof has not been made of any of the facts mentioned
in section 30(4) or section 31 of the Bankruptcy Ordinance, or that the bankrupt
has been guilty of any misconduct in relation to his property and affairs. It is
ordered that he be and he hereby is discharged.
Dated this day of 19
Registrar.
FORM 86 [s. 30; rules 12, 94]
ORDER REFUSING
DISCHARGE
(Title.)
On the application of
[Commencement as in Form 85.1
And whereas it has been proved that the bankrupt has committed the
following misdemeanors [or felonies], namely,
[Here state particulars.]
or
And whereas it has not been proved that the bankrupt has committed any of
the misdemeanors or felonies mentioned in section 30 of the Bankruptcy
Ordinance, but proof has been made of the following facts under subsection (4) of
that section, [and section 31 of the Bankruptcy Ordinance), namely,
[Here state particulars.]
orland that he has been guilty of misconduct in relation to his property and
affairs, namely,
[Here state particulars.]
It is ordered that the bankrupt's discharge be and it is hereby refused.
Dated this day of '19
Registrar.
FORM 87 Is. 30; rules 12~ 94.1
ORDER SUSPENDING DISCHARGE
(Title.)
On the application of
[Commencement as in Form 85.]
And whereas it has not been proved that the bankrupt has committed any of
the misdemeanors or felonies mentioned in section 30 of the Bankruptcy
Ordinance (Chapter 6) [or it has been proved that the bankrupt has committed the
following misdemeanors (andlor felonies), namely, (set them out)]; and (or, but)
proof has been made of the following facts under section 30(4) [and section 31] of
the Bankruptcy Ordinance.
[Here state particulars.]
orland that he has been guilty of misconduct in relation to his property and affairs,
namely,
[Here state particulars.]
It is ordered that the bankrupt's discharge be suspended until a dividend of not
less than 50 per cent has been paid to the creditors, with liberty to the bankrupt at
any time after the expiration of 2 years from the date of this order to apply for a
modification thereof, pursuant to section 30 of the Bankruptcy Ordinance.
or
It is ordered that the bankrupt's discharge be suspended for
and that he be discharged as from theday of 19
Dated this day of '19
Registrar.
[Form 88 deleted by G.N.A. 124/55.]
FORM 89 Is. 30; rules 12, 94.]
ORDER OF DISCHARGE SUBJECT TO CONDITIONS AS TO EARNINGS,
AFTER-ACQUIRED PROPERTY, AND INCOME
(Title.)
On the application of
[Commencement as in Form 85.1
And whereas it has not been proved (a)
It is ordered that the bankrupt be discharged subject to the following
conditions as to his future earnings, after-acquired property, and income--
After setting aside out of the bankrupt's earnings, after-acquired property,
and income the yearly sum of $for the support of himself and his
family, the bankrupt shall pay the surplus, if any for such portion of such surplus
as the court may determine], of such earnings, after-acquired property, and
income to the Official Receiver [or trustee] for distribution among the creditors
in the bankruptcy. An account shall, on the 1st day of January in every year,
or within 14 days thereafter, be filed in these proceedings by the bankrupt,
setting forth a statement of his receipts from earnings, after-acquired property,
and income during the year immediately preceding the said date, and the surplus
payable under this order shall be paid by the bankrupt to the Official Receiver
[or trustee] within 14 days of the filing of the said account.
Dated this day of ' 19
Registrar.
FORM 90 [s. 30; rules 12, 93.]
ORDER OF DISCHARGE SUBJECT TO A CONDITION
REQUIRING THE
BANKRUPT TO CONSENT TO JUDGMENT BEING
ENURED AGAINST HIM
(Title.)
On the application of
[Commencement as in Form 85.]
It is ordered that the bankrupt be discharged subject to the following
condition to be fulfilled before his discharge takes effect, namely, he shall before
the signing of this order consent to judgment being entered against him in the
original jurisdiction of this court by the Official Receiver [or trustee] for the
sum of $ , being the balance [or part of the balance] of the debts
provable in the bankruptcy which is not satisfied at the date of this order, and
for $ costs of judgment.
And it is further ordered, without prejudice and subject to any execution
which may be issued on the said judgment with the leave of the court, that the
said sum of $ be paid out of the future earnings or after-acquired
property of the bankrupt in manner following, that is to say, after setting aside
out of the bankrupt's earnings and after-acquired property a yearly sum of
$ for the support of himself and his family, the bankrupt shall
pay the surplus, if any [or such portion of such surplus as the court may determine],
to the Official Receiver [or trustee] for distribution among the creditors in the
bankruptcy. An account shall on the 1st day of January in each year, or
within 14 days thereafter, be filed in these proceedings by the bankrupt, setting
forth a statement of his receipts from earnings, after-acquired property, and
income during the year immediately preceding the said date, and the surplus
payable under this order shall be paid by the bankrupt to the Official Receiver
[or trustee] within 14 days of the filing of the said account.
And it is further ordered that upon the required consent being given
judgment may be entered against the bankrupt in original jurisdiction for the
said sum of $ together with 5 for costs of judgment.
Dated this day of 1 19
Registrar.
FORM 91 [rules 12, 93.]
CONSENT OF BANKRUPT TO JUDGMENT BEING ENTERED FOR
BALANCE
OR PART OF BALANCE OF PROVABLE DEBTS
(Title.)
Re
1, A.B., of , the above-named bankrupt, do hereby consent to judgment being
entered against me in the original jurisdiction of the court by the Official Receiver
[or trustee] for the sum of $
being the balance or part of the balance of the debts provable under my bankruptcy
which is not satisfied at the date of my discharge; but this consent is subject to the
provision contained in the Bankruptcy Ordinance (Chapter 6) with regard to the
issue of execution on such judgment.
Dated this day of 19
Debtor.
FORM 92 [rules 12, 93.1
JUDGMENT TO BE ENTERED PURSUANT TO THE
CONSENT
In the High Court of Hong Kong,
Original Jurisdiction.
No. Of 19
Between
Plaintiff,
and
A.B., Defendant.
And in the matter of the bankruptcy of the said A.B..
The day of ' 19
Pursuant to the order of the court in bankruptcy dated the day
of , whereby it was ordered that
[recite substance of order.]
And the consent mentioned in the said order having been given and filed in the
matter of the said bankruptcy.
It is this day adjudged that the said plaintiff recover against the said
defendant together with for costs of judgment.
Dated this day of '19
Registrar.
FORM 93 [rule 98.]
AFFIDAVIT BY DEBTOR, WHOSE DISCHARGE HAS BUN
GRANTED
CONDITIONALLY AS TO AFTER-ACQUIRED PROPERTY OR
INCOME
(Title.)
the above-named debtor, make oath and say as
follows
1. 1 have since the date of my discharge resided and carried on business
at and I now reside and carry on business
at
2. The statement hereto annexed is a full, true and complete account of
all moneys earned by me and of all property and income acquired or received
by me since the date of my discharge (or since the date when last I filed a state-
ment of after-acquired property and income in court, namely, the day
of 19
Sworn at, etc.
Debtor.
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 for 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 '19
Trustee.
FORM 95 [rule
29.1
AFFIDAVIT OF PERSON INTERESTED IN A COMPOSITION FOR COMMITTAL
(Title.)
In the matter of a composition made by A.B., of
I, L.M., of , make oath and say
1. That Of was by an order of the
court made on the day of 19 ordered
to [here set our the order].
2. That a copy of the said order was duly served on the said
3. That the said has failed to obey such order.
Sworn at, etc.
L.M.
FORM 96 [rule 29.]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR COMMITTAL OF DEBTOR
FOR CONTEMPT UNDER SECTION 26 OR 55
(Title.)
1, the Official Receiver of the estate of the said debtor [the
trustee of the property of the said bankrupt] make oath, and say
[1. That the said debtor did attend at the first meeting of his creditors
held on the day of ' 19 , at 1
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
[1. That the said [debtor] bankrupt did wilfully fail to attend a meeting
of his creditors held on the day of ' 19 1
at [or to wait on me at my office on the day
of ' 19], the attending such meeting for waiting on
me] being a duty imposed upon him by the Bankruptcy Ordinance (Chapter 6).]
or
[1. That the said [debtor] 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 551 of the
Bankruptcy Ordinance (Chapter 6).]
2. [That the said [debtor] bankrupt was on the day of
' 19 , 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
[1. That the said (debtor) 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 (debtor) bankrupt was duly served with a copy of such
order by leaving the same at his usual place of residence on the day
of 19 .1
Or
[1.That the said (debtor) 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
'19 at
Sworn at, etc.
Official Receiver.
[or Trustee.]
FORM 97 [rule 29.]
AFFIDAVIT OF TRUSTEE UNDER sEcnoN 53(5)
(Title.)
1, G.H., the trustee of the property of the said A.B., a bankrupt, make oath
and say
1. That 1 believe that LM, 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 1 19 , 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 '19 1
1 posted another letter, by which 1 again called upon him to, etc., and that he
has failed to pay and deliver the same].
3. That 1 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 [ss. 20(15), 110; rule
30.1
NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 20
OR 110
(Title.)
TO
Take notice that C.D., of will on the day
of '19 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 '19 , [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 '19
Registrar.
FORM 99 [s. 26(4); rule 30.]
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 ' 19 1
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 our 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 ' 19
Registrar.
FORM 100 [s. 53(5); rule 30.1
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 1 19 , at
o'clock in thenoon, 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 19
-Registrar.
FORM 101 [ss. 20(15); 110.]
ORDER OF COMMITTAL UNDER SECTION 20 OR 110
(Title.)
Whereas by an order of this court made on the day of
19 [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 19
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 [or debtor], 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 '19
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. for 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 19
Registrar.
FORM 104 Is. 26(4); rule
30.1
AFFIDAVIT OF NON-COMPLIANCE WITH ORDER OF COURT
(Title.)
1, L.M. of make oath and say-
1. That G.H. ofwas by an order of the court made
on the day of 19 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 Supreme Court of Hong Kong and his assistants and
to all police officers of and to the Commissioner of Prisons.
Whereas by an order of this court bearing date the
of 19 , it was ordered that the said debtor (or L.M.
of should stand committed for contempt of this court.
These are therefore to require you the said bailiff, and others o. take the
said debtor [or L.M.] and to deliver him to the Commissioner ~-,W-
you the said Commissioner to receive the said debtor [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 L.M.] is in your
custody, at all times when the court shall so direct produce the said debtor
[or L.M.] before the court.
Dated this day of 19
Registrar.
FORM 106
ORDER FOR DISCHARGE FROM CUSTODY ON CONTEMPT
(Title.)
Upon application made this day offor A.B.,
who was committed to prison for contempt by order of this court, dated the
day of ' 19 , 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 Commis-
sioner of Prisons do discharge the said A.B. out of his custody, as to the said
Dated this day of 19
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 1
for examination before this court, it is ordered that the Commissioner of Prisons'
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 '19
Registrar.
FORM 108 [s. 54; Me 26.)
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 is concealed in the house [or other place, describing it, as the case may be]
of one X.M., of such house for place] not belonging to the
said debtor.
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 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 19
Registrar.
To the Bailiff of the Supreme Court and his
assistants.
FORM 109 [s. 27; rule 26.]
WARRANT OF SEIZURE
(Title.)
Whereas on the day of 19 a receiving
order was made against the said debtor: These are therefore to require you
forthwith to enter into and upon the house and houses, and other the premises
of the said debtor, and also in all other place and places belonging to the said
debtor 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 debtor,
except his necessary wearing apparel, bedding and tools, 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 wrting 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 debtor
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 19
Registrar.
To the Bailiff of the Supreme Court and his assistants.
FORM 110 [s. 27; rules 26, 27.1
THE COLONY ,ETC.
WARRANT AGAINST DEBTOR ABOUT TO QUIT THE COLONY, ETC
(Title.)
To the Bailiff of the Supreme Court of Hong Kong and his assistants and
to all police officers of the Colony and to the Commissioner of Prisons,
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 abroad [or
quitted his place of residence], [or is about to go abroad (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 judgment debt in respect of which a bankruptcy
notice has been issued.)
[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 $50, 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 ' 19 , for the purpose
of
being examined, according to the requirements of an order of this court made
on the day of 19 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, 1 and others, to take the said
A.B. and to deliver him to the Commissioner of Prisons 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 19
Registrar.
FORM 111 [s. 28.]
ORDER TO POSTMASTER GENERAL UNDER sEcnoN 28
(Title.)
Upon the application of the Official
Receiver [or the trustee] of the property of the above debtor, it is ordered that
for a period of 3 months from the day of '19 1
all post letters, telegrams and postal packets directed or addressed to the said
debtor, 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 19
Registrar.
FORM 112 [s. 29; rule 25.1
SUMMONS UNDER SECTION 29
(Title.)
To ' of
You are hereby required to attend at the Courts of Justice, Hong Kong,
on the day of '19 , at o'clock
in thenoon, to give evidence in the above matter, and then and
there to have and produce (a)
Hereof if you fail, having no lawful impediment to be then made known to the
court, and allowed by it, the court may by warrant cause you to be apprehended and
brought up for examination.
Dated this day of 19
Registrar.
NOTE-This summons is issued on the application of the Official Receiver and trustee, and
take notice, that the sum of $, stated to be due by you to this estate, be maid
to Official Receiver, at , on or before the day
Of , this summons will be discharged.
FORM 113 [s. 29; rule 25.]
ADMISSION OF DEBT BY DEBTOR OF
BANKRUPT
In the matter of A.B. of a bankrupt.
I, the undersigned J.E. of do hereby admit that
1 am indebted to the said bankrupt in the sum of upon the
balance of accounts between myself and the said bankrupt.
J.E.
Dated this day of 19
Witness,
C.D., Registrar,
[or Official Receiver].
FORM 114 [s. 29; rule 25.]
ORDER TO PAY ADMITTED
DEBT
(Title.)
Whereas J.K., of , in his examination taken this day,
and signed and subscribed by him, has admitted that he is indebted to the said
debtor in the sum of $, on the balance of accounts between
him and the debtor; it is ordered that the said J.K. do pay to the trustee of the
property of the debtor, in full discharge of the sum so admitted, 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 19
Registrar.
FORM 115 [s. 29; rules 26, 28.]
WARRANT TO APPREHEND A PERSON SUMMONED UNDER
SECTION 29
(Title.)
To the Bailiff of the Supreme Court of Hong Kong and his assistants and to all
police officers of the Colony and to the Commissioner of Prisons.
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 [andlor hath refused to produce a document in his custody or power
relating to the debtor, 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 Prisons 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 the said A.B. [or
F.M.),
and you the said Commissioner of Prisons 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 19
Registrar.
FORM 116 [s. 29; rule 28]
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 Prisons
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 them
safely kept pursuant to the said warrant.
Dated this day of '19
Registrar.
FORM 117 [rule 127]
REFISTER OF ASSIGNMENT OF BOOK DEBTS
For use only in case of assignment by way of security or other charge.
FORM 118 [s. 56; rule 128.]
NOTICE OF APPLICATION FOR PAYMENT TO
TRUSTEE OF
PORTION OF PAY OR SALARY
(Title.)
To A.B.
Take notice that I intend to apply to the court on the day
of ' 19 , ato'clock in the noon,
for an order under section 56 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. On the application you
are at liberty to show cause against such order being made.
Dated this day of 19
G.H., Trustee.
Form 119
[Omitted as spent]
FORM 120
ORDER UNDER SECTION 56(1)
(Title.)
Whereas it appears to the court that the bankrupt is [or here state what
the bankrupt is], and as such is in the enjoyment of the monthly pay [or pension,
allowance or compensation] of 5 ; and whereas upon the
application of G.H. of the trustee of the property of the
bankrupt, it appears to the court just and reasonable that the monthly sum of
$ , a portion of the said pay [or pension, allowance or com-
pensation] ought to be paid to the said trustee during the bankruptcy, in order
that the same may be applied in payment of the debts of the bankrupt, and that
such payment ought to be made out of the first moneys which shall be due
after the day of ' 19 , and be continued
until the court shall make order to the contrary; it is ordered, with the consent
of His Excellency the Governor, that such portion of the [here insert pay or
pension. allowance or compensation] shall be paid to the trustee accordingly.
Dated this day of 19
Registrar.
I consent to the above order.
Dated this day of 19
Governor.
FORM 121 [s. 56(2).]
ORDER UNDER SECTION 56(2)
(Title.)
Whereas it appears to the court that the bankrupt is in receipt of or entitled
to a salary or income including bonus or commission of
and whereas upon the
application of the trustee of the property of the bankrupt and upon hearing
the bankrupt it appears to the court just and reasonable that the monthly sum
of $ , a portion of the said salary or income, ought to be paid
by the bankrupt to the trustee during the bankruptcy in order that the sum may
be applied in payment of the debts of the said bankrupt, and that the first of
such payments ought to be made on the day of 1
19 , and that the payments ought to be continued monthly until this
court shall make order to the contrary; it is ordered that the said sum shall be
paid by in manner aforesaid out of the bankrupt's said
Wary or income.
Dated this day of 19
Registrar.
FORM 122
[Omitted as spent]
FORM 123 [s. 59; rule 130.]
NOTICE To LANDLORD OF INTENTION To DISCLAIM LEASEHOLD
PROPERTY NOT SUBLET OR MORTGAGED
(Title.)
Take notice that 1 intend to disclaim the (a)
dated whereby (b)
was let to the above-named bankrupt as a rent of
It 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 '19
Trustee.
TO
The landlord of the above-mentioned property.
FORM 124 [s. 59; rule 130.]
NOTICE OF INTENTION TO DISCLAIM LEASEHOLD PROPERTY
SUBLET OR MORTGAGED
(Title.)
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 19
Trustee.
TO
The landlord of the above-mentioned premises and
TO
The sub-tenant, or mortgagee.
FORM 125 [s. 59; rule 130.]
DISCLAIMER WITHOUT NOTICE OF INTENTION TO DISCLAIM
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 (e) at a rent of $ per
Notice of this disclaimer has been given to (d)
Dated this day of 19
Trustee.
FORM 126 [s. 59; rule 130.]
DISCLAIMER OF LEASEHOLD PROPERTY AFTER NOTICE
TO LANDLORD, MORTGAGEES, ETC.
(Title.)
Pursuant to notice dated the day of '19
addressed to (a) 1,
the trustee of the property of the above-named bankrupt, hereby disclaim the
lease dated the day of 19
whereby (b)
were let to (c) at a rent of 5 for a
term of
Notice of this disclaimer has been given to (d)
Dated this day of 19
Trustee.
(Address)
FORM 127 [s. 59; rule 130.1
DISCLAIMER OF LEASE WITH LEAVE OF COURT
(Title.)
Pursuant to an order of court dated the day of
19 1 11 , the trustee of the property of the above-
named bankrupt, hereby disclaim all interest in the lease dated the
day of 19 , 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 19
Trustee.
FORM 128 [s. 59; rule 130.1
NOTICE OF DISCLAIMER WITHOUT LEAVE OF COURT
(Title.)
Take notice that, by writing under my hand, bearing date the day
of . 19 1 1, 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 Office or in the District
Land Office].
Your attention is directed to the provisions of the Bankruptcy Ordinance
(Chapter 6) on the back hereof.
Dated this day of 19
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 [s. 59; rule 130.]
NOTICE OF DISCLAIMER OF LEASE WITH LEAVE OF COURT
(Title.)
Take notice. that pursuant to an order of court dated the day
of '19 1 1, , 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 '19 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
bankruptcy [and has been registered in the Land Office or in the District Land
Office].
Dated this day of 19
Trustee.
TO
(Address)
FORM 130 [s. 59; rule 130.1
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 receiving
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 1 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
SCHEDULE to notice when given by mortgagee or assignee
FORM 131 [s. 82(3); rule 174.]
APPLICATION FOR DIRECTIONS BY TRUSTEE
(Title.)
1 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 theday of
at 0 'clock in thenoon, and let the trustee give notice to
[here insert the persons to whom it is to be given].
Dated this day of 19
Registrar.
FORM 132 [s. 82(3); rule 174.1
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 19
Registrar.
FORM 133 [s. 97(2).]
ISSUES OF FACT FOR TRIAL BY JURY
(Title.)
On the application of and on hearing
it is ordered that the following issues of fact be tried with a jury
on [add any other necessary directions].
ISSUES
1.
2.
Dated this day of 19
Registrar.
FORM 134 [rule 144.1
CREDITOR'S PETITION FOR ADMINISTRATION OF ESTATE
OF DECEASED DEBTOR UNDER SECTION 112
(Title.)
I, C.D., of [or We, C.D., of and E.F. of
1, 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
19 , and say-
1. That the said A.B. for the greater part of the 6 months next preceding his
decease resided [or carried on business] within the jurisdiction of this court [or as
the case may be].
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 [II 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
19 proved by J.S., of and G.H., of
or
That letters of administration were on the day of
19 granted to J.S., of , and G.H., of
01*
That no probate or administration in respect of the said estate has been
applied for.
Dated this day of 19
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 19 it is ordered that this petition shall be
heard at on the day of 19
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 the petitioner or his
solicitor, in each case 3 days before the day on which the petition is to be heard.
Registrar.
FORM 135 Is. 112(9); rule
144.]
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
1. 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 '19 , and say-
1.That I am the Official Administrator of the estate [or 1 am/we are]
the legal personal representative [or representatives] of the said [debtor] and
that his will was on the day of ' 19 1
proved byfor that letters of administration of his estate were
on the day of ' 19 , granted to L
2. That the said [debtor] for the greater part of the 6 months next preceding
his decease resided [or carried on business) within the jurisdiction of the court
[or as the case may be].
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 (s. 112(4); rule 146.]
ORDER FOR ADMINISTRATION IN BANKRUPTCY OF ESTATE OF
DECEASED DEBTOR UPON PETITION
(Title.)
Upon the petition of C.D., dated and numbered
Of 19 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 '19
Registrar.
FORM 137 [s. 94; rule 169.1
STATEMENT TO ACCOMPANY APPLICATION
FOR RELEASE
(Title.)
Statement showing position of estate at date of application for release.
Dr. Cr.
Note.-Creditors
$
(b) preferential ... ... ... ...
(b) unsecured ... ... ... ...
The debtor's estimate of amount expected to rank for dividend was
Assets not yet realized are estimated to produce $
[Add here any special remarks which the trustee thinks desirable.]
Creditors can obtain any further information by inquiry at the office of the
trustee.
Dated this day of '19
Trustee.
(Address)
FORM 138 [s. 67; rule 123.]
NOTICE To CREDITORS OF INTENTION TO DECLARE DIVIDEND
(Title.)
A (a) dividend is intended to be declared in the above matter. You are
mentioned in the debtor's statement of affairs, but you have not yet proved
your debt.
If you do not prove your debt by the day of
19 , you will be excluded from this dividend.
Dated this day of '19
Trustee.
(Address)
FORM 139 [s. 67; rule 123.1
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 of1 19 1
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 '19
Trustee.
(Address)
FORM 140
NOTICE To CREDITOR OF INTENTION To PAY COMPOSITION
(Title.)
Notice is hereby given that a composition is intended to be paid in the above
matter.
Your name is included in the list of creditors in the debtor's statement of
affairs, but you have not yet proved your debt.
The last day for receiving proofs is the day
of '19
Dated this day of '19
Official Receiver.
FORM 141 Is. 67; rule 123.]
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 '19 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 '19
(Signed) G.H
Trustee.
TO
RECEIPT
Received of the sum of $
being the amount payable to melus in respect of the
dividend of per rent on my/our claim against this estate.
5
(Creditor's signature)
AUTHORITY
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 melus in this matter.
(Creditor's signature)
(Date) 19
To, G.H., Trustee.
FORM 142 [s. 73.1
APPLICATION BY CREDITOR FOR ORDER FOR TRUSTEE TO PAY
DIVIDEND WITHHELD AND ORDER THEREON
(Title.)
1, 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 ' 19 1
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 '19
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 5 , 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 of 8 per cent per annum 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 '19
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.)
1 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 '19
G.H..
Trustee.
FORM 144
ALLOCATUR FOR COSTS OF DEBTOR'S
PETITION
(Title.)
1 hereby certify
1. That 1 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 $
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 '19
FORM 145 [rule 1901
CERTIFICATE BY COMMITTEE OF INSPECTION AS
TO AUDIT OF
TRUSTEES ACCOUNT
We, the undersigned, members of the committee of inspection in the matter
of , a bankrupt, hereby certify that we have examined the foregoing account with
the vouchers, and that to the best of our knowledge and belief the said account
contains a full, true and complete account of the trustee's receipts and payments on
account of the estate.
Dated this day of '19
A.B.
C.D. Committee of Inspection.
E.F. }
FORM 146 [s. 93; rule 191(3).]
AFFIDAVIT VERIFYING TRUSTEE'S
ACCOUNT
(Title.)
1, G.H., of 1 the trustee of the property of the
above-named bankrupt, make oath and say-
That *the account hereunto annexed marked B contains a full and true
account of my receipts and payments on account of the bankrupt's estate from
the day of to the day
of inclusive, *and that I have not, nor has any other
person by my order or for my use during such period, received or paid any
moneys on account of the said estate *other than and except the items mentioned
and specified in the said account.
Sworn at, etc.
G.H., Trustee.
FORM 147 [rule 168.1
TRUSTEE'S TRADING
ACCOUNT ( (Title.)
G.H., the trustee of the property of the bankrupt in account with the estate.
RECEIPTS PAYMENTS
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 '19
Committee of Inspection.
[or Member of the Committee of inspection.]
FORM 148 [rule 1683
PROFIT AND LOSS ACCOUNT (TRADING, ACCOUNT)
(Title.)
PROFIT and LOSS
ACCOUNT
Dr.
G.H., Trustee.
(Date)
NOTE-This account to be submitted when the committee of inspection require, and in any cam at the end
of the trading business carried on by the trustee.
FORM 149 [rule 168.1
AFFIDAVIT VERIFYING TRUSTEE'S TRADING ACCOUNT
(Title.)
1, 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 (s. 88; rule 176.]
STATEMENT OF ACCOUNTS UNDER SECTION 88
(Title.)
(Signature)
Dated this day of 119
FORM 151 We 182.1
AFFIDAVIT BY SPECIAL MANAGER
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 abovenamed debtor,
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 [s. 94; rule
169.1
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 '19
Trustee.
TO
K.L.,
Creditor.
NOTE-Section 94(3) of the Bankruptcy Ordinance (Chapter 6) enacts that---Anorder 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 [s. 94; rule 169.]
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];
for That so much of the property of the bankrupt as can, according to the
joint opinion of myself and the committee of inspection, 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 composition (or scheme) under section 25 of the Bankruptcy
Ordinance has been duly approved by the court.]
2. 1 therefore hereby apply to the court for my release.
Dated this day of '19
G.H.,
Trustee.
FORM 154 [s. 38(6).]
NOTICE OF TRANSFER OF SEPARATE ESTATE To JOINT ESTATE FOR
GAZETTE
(Title.)
Notice is hereby given that there being in the hands of the trustee in the
above bankruptcy a surplus estimated at 5 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 the Gazette, to transfer such surplus to the credit of the joint
estate in the said bankruptcy.
Dated this day of '19
Trustee.
G.N.A. 727/32, Appendix, Part I. G.N.A. 124/55. L.N. 46/64. Citation. Use of forms in Schedule. R5, English Bankruptcy Rules 1915. G.N.A. 124/55. (a) Insert the other address or addresses at which unsatisfied debts or liabilities may have been incurred. (a) Insert description, name and address of judgment debtor. (b) 'me' or as the case may be. (c) Or 'Solicitor for the judgment creditor.' (a) Strike out if no agent authorized. (b) Insert name of creditor. (c) 'him' or 'them'. (d) 'his' or 'their'. (e) Name of creditor. (f) Name and address of solicitor suing out the notice, or 'This notice is sued out by in person.' (a) Insert name 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. Note.-The address at which the debtor was residing or carrying on business when the petitioning creditor's debt was incurred should in all cases appear in the petition (see rule 50.) G.N.A. 124/55. G.N.A. 124/55. (a) Add this in case of a petition. G.N.A. 124/55. G.N.A. 124/55. L.N. 46/64. G.N.A. 124/55. *Sheet 'L' should be substituted for any one or more of such of the sheets named as will have to be returned blank. *Strike out words which do not apply. (1) This date should be 12 months before date of receiving order, or such other time as Official Receiver may have fixed. (2) This schedule must show when debts were contracted. (3) Specify all dependants. (4) Here add particulars of other losses or expenses (if any), including liabilities (if any) for which no consideration received. (5) Strike out words which do not apply. (6) These figures should agree. (a) Strike out such of the grounds as are not applicable. G.N.A. 124/55. (a) Here insert 'has not been lodged' or 'has been lodged.' G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. (a) Insert here if necessary 'adjourned'. (a) Insert here if necessary 'adjourned'. (a) 'first' or as the case may be. (b) Here state reason for adjournment. [Here insert purpose for which meeting called.] (a) 'Trustee' or 'Official Receiver.' (a) Insert here 'the time and place of a general meeting or adjourned general meeting' or as the case may be. (a) Insert here 'the time and place of a general meeting or adjourned general meeting' or as the case may be. G.N.A. 124/55. (a) Fill in full name, address and occupation of deponent. (b) the above-named debtor or the foreman of the above-named debtor or on behalf of the workmen 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. (a) If proof wholly rejected strike out words underlined. (b) 21 days or 7 days as the case may be. See Rules 117 and 123(2). (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 Official Receiver'. The standing of the person appointed must be clearly set out. G.N.A. 124/55. (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. (f) It is not intended that the Official Receiver shall in any case receive dividends on behalf of a creditor. G.N.A. 124/55. (g) The Official Receiver or trustee may require the authority to sign to be produced for his inspection. (a) If a firm, write 'we' instead of 'I', and set out the full name of the firm. G.N.A. 124/55. (b) Here insert either 'Mr. of,' or 'the Official Receiver'. (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 Official Receiver or trustee may require the authority to sign to be produced for his inspection. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. (a) Insert here word 'further' if necessary. [Set out any further order of the court.] (a) Insert name and address of applicant, and the capacity in which he makes the application. (b) State what the disability is. (a) Insert name and address of applicant, and the capacity in which he makes the application. (b) The part of the order to be adapted to the circumstances of the case. (c) Insert place of examination. (d) Insert name of any other person authorized by the court to attend. (a) To be signed by the debtor or in case of joint debtors to be signed in the firm name by such of the debtors as the Official Receiver shall require. (a) To be signed by the debtor, or in the case of joint debtors, to be signed in the firm name by such of the debtors as the Official Receiver shall require. (a) 'composition' or 'scheme of arrangement'. (b) 'the prescribed notices cannot be given'; or 'the moneys or securities required for the said (a) have not been lodged'; or as the case may be. G.N.A. 124/55. (a) Notice of this application was on the day of , 19 , sent by post addressed to the debtor, or the debtor has consented, in writing, to the court adjudging him bankrupt. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. (a) Here state particulars of the finding of the court. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. Where debtor does not submit to examination. Where debtor fails to attend a meeting other than the first. Where debtor fails to execute a deed. Where debtor fails to attend a meeting other than the first or to execute a deed. Where debtor fails to obey special orders of court. Where debtor has failed to deliver up property. G.N.A. 124/55. L.N. 46/64. G.N.A. 124/55. (a) Here insert the full address or addresses. (b) 'the said Official Receiver [or trustee] at' or otherwise as the court may direct. (a) 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 $. G.N.A. 124/55. G.N.A. 124/55. (a) lease or tenancy as the case may be. (b) Here specify property let. (a) Here insert particulars of demised property. (b) the above-named bankrupt of as the case may be. G.N.A. 124/55. (a) lease dated the or as the case may be. (b) Insert description of the property. (c) on a tenancy or for a team of years or as the case may be. (d) Insert names and addresses of persons to whom notice given. (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. (a) Insert description of the property disclaimed. (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, 19. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. (a) 1st and final or as the case may be. If more than one paid, state each separately. L.N. 46/64. (b) Insert number of creditors. (a) Insert here first or second or final or as the case may be. G.N.A. 124/55. (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.N.A. 124/55. (a) Here state capacity in which person employed or engaged. (a) is or is not. *If no receipts or payments, strike out the words in italics. G.N.A. 124/55.
Abstract
G.N.A. 727/32, Appendix, Part I. G.N.A. 124/55. L.N. 46/64. Citation. Use of forms in Schedule. R5, English Bankruptcy Rules 1915. G.N.A. 124/55. (a) Insert the other address or addresses at which unsatisfied debts or liabilities may have been incurred. (a) Insert description, name and address of judgment debtor. (b) 'me' or as the case may be. (c) Or 'Solicitor for the judgment creditor.' (a) Strike out if no agent authorized. (b) Insert name of creditor. (c) 'him' or 'them'. (d) 'his' or 'their'. (e) Name of creditor. (f) Name and address of solicitor suing out the notice, or 'This notice is sued out by in person.' (a) Insert name 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. Note.-The address at which the debtor was residing or carrying on business when the petitioning creditor's debt was incurred should in all cases appear in the petition (see rule 50.) G.N.A. 124/55. G.N.A. 124/55. (a) Add this in case of a petition. G.N.A. 124/55. G.N.A. 124/55. L.N. 46/64. G.N.A. 124/55. *Sheet 'L' should be substituted for any one or more of such of the sheets named as will have to be returned blank. *Strike out words which do not apply. (1) This date should be 12 months before date of receiving order, or such other time as Official Receiver may have fixed. (2) This schedule must show when debts were contracted. (3) Specify all dependants. (4) Here add particulars of other losses or expenses (if any), including liabilities (if any) for which no consideration received. (5) Strike out words which do not apply. (6) These figures should agree. (a) Strike out such of the grounds as are not applicable. G.N.A. 124/55. (a) Here insert 'has not been lodged' or 'has been lodged.' G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. (a) Insert here if necessary 'adjourned'. (a) Insert here if necessary 'adjourned'. (a) 'first' or as the case may be. (b) Here state reason for adjournment. [Here insert purpose for which meeting called.] (a) 'Trustee' or 'Official Receiver.' (a) Insert here 'the time and place of a general meeting or adjourned general meeting' or as the case may be. (a) Insert here 'the time and place of a general meeting or adjourned general meeting' or as the case may be. G.N.A. 124/55. (a) Fill in full name, address and occupation of deponent. (b) the above-named debtor or the foreman of the above-named debtor or on behalf of the workmen 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. (a) If proof wholly rejected strike out words underlined. (b) 21 days or 7 days as the case may be. See Rules 117 and 123(2). (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 Official Receiver'. The standing of the person appointed must be clearly set out. G.N.A. 124/55. (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. (f) It is not intended that the Official Receiver shall in any case receive dividends on behalf of a creditor. G.N.A. 124/55. (g) The Official Receiver or trustee may require the authority to sign to be produced for his inspection. (a) If a firm, write 'we' instead of 'I', and set out the full name of the firm. G.N.A. 124/55. (b) Here insert either 'Mr. of,' or 'the Official Receiver'. (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 Official Receiver or trustee may require the authority to sign to be produced for his inspection. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. (a) Insert here word 'further' if necessary. [Set out any further order of the court.] (a) Insert name and address of applicant, and the capacity in which he makes the application. (b) State what the disability is. (a) Insert name and address of applicant, and the capacity in which he makes the application. (b) The part of the order to be adapted to the circumstances of the case. (c) Insert place of examination. (d) Insert name of any other person authorized by the court to attend. (a) To be signed by the debtor or in case of joint debtors to be signed in the firm name by such of the debtors as the Official Receiver shall require. (a) To be signed by the debtor, or in the case of joint debtors, to be signed in the firm name by such of the debtors as the Official Receiver shall require. (a) 'composition' or 'scheme of arrangement'. (b) 'the prescribed notices cannot be given'; or 'the moneys or securities required for the said (a) have not been lodged'; or as the case may be. G.N.A. 124/55. (a) Notice of this application was on the day of , 19 , sent by post addressed to the debtor, or the debtor has consented, in writing, to the court adjudging him bankrupt. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. (a) Here state particulars of the finding of the court. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. Where debtor does not submit to examination. Where debtor fails to attend a meeting other than the first. Where debtor fails to execute a deed. Where debtor fails to attend a meeting other than the first or to execute a deed. Where debtor fails to obey special orders of court. Where debtor has failed to deliver up property. G.N.A. 124/55. L.N. 46/64. G.N.A. 124/55. (a) Here insert the full address or addresses. (b) 'the said Official Receiver [or trustee] at' or otherwise as the court may direct. (a) 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 $. G.N.A. 124/55. G.N.A. 124/55. (a) lease or tenancy as the case may be. (b) Here specify property let. (a) Here insert particulars of demised property. (b) the above-named bankrupt of as the case may be. G.N.A. 124/55. (a) lease dated the or as the case may be. (b) Insert description of the property. (c) on a tenancy or for a team of years or as the case may be. (d) Insert names and addresses of persons to whom notice given. (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. (a) Insert description of the property disclaimed. (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, 19. G.N.A. 124/55. G.N.A. 124/55. G.N.A. 124/55. (a) 1st and final or as the case may be. If more than one paid, state each separately. L.N. 46/64. (b) Insert number of creditors. (a) Insert here first or second or final or as the case may be. G.N.A. 124/55. (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.N.A. 124/55. (a) Here state capacity in which person employed or engaged. (a) is or is not. *If no receipts or payments, strike out the words in italics. G.N.A. 124/55.
Identifier
https://oelawhk.lib.hku.hk/items/show/2206
Edition
1964
Volume
v2
Subsequent Cap No.
6
Number of Pages
82
Files
Collection
Historical Laws of Hong Kong Online
Citation
“BANKRUPTCY (FORMS) RULES,” Historical Laws of Hong Kong Online, accessed March 3, 2025, https://oelawhk.lib.hku.hk/items/show/2206.
