APPENDIX A.
BANKRUPTCY FORM No. 1.
General Title (r. 7).
In the District Court of
Registry of No of 19
In Bankruptcy
Re (James Brown)
(Ex parte-here insert the debtor, or X.Y., a creditor, or the Official Receiver, or A.B., the Trustee.).
BANKRUPTCY FORM No. 2.
Declaration of Inability to Pay (r. 37).-(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.
(Sign.) A.B.
Signed in my presence and filed on ,
(Sign.)
Registrar.
Note.-Where the debtor resides at a place other than his place of business, both addresses should be inserted.
BANKRUPTCY FORM No. 3.
Request for Issue of Bankruptcy Notice (r. 39).-(Title).
1. I, , of , hereby request that a bankruptcy notice may be issued against the above-named debtor
2. The said debtor(s) has/have for the greater part of the past six months at in the District of
3. I produce an office copy of a final judgment or order against the said debtor obtained by in the Court of , Registry of , on the ,day of ,19
4. Execution on the said judgment or order has not been stayed.
5. Payment by the debtor should be made to (or to of , my (or our) agent duly authorized).
(Sign.)
Advocate for Judgment Creditor.
Note.-Where the debtor resides at a place other than his place of business both addresses should be inserted.
BANKRUPTCY FORM No. 4.
Bankruptcy Notice (r. 40).-(Title.)
To the above-named debtor of
Take notice that within (seven) days after service of this notice on you, you must pay to of (or to of his (or their) agent duly authorized) the sum of £ claimed by the said as being the amount due on a final judgment or order obtained by him or them against you in the Court of , Registry of , dated , whereon execution has not been stayed, or you must secure or compound for the said sum to his or their satisfaction (or to the satisfaction of his or their said agent) or to the satisfaction of this Court; or you must satisfy this Court that you have a counterclaim, set-off, or cross-demand against him or them which equals or exceeds the sum claimed by him or them and which you could not set up in the action or other proceedings in which the judgment or order was obtained.
Dated this day of ,19 ,
By the Court,
(Sign.)
Registrar.
Indorsement on Notice.
You are specially to note:
1. 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.
2. If however you have a counterclaim, set-off, or cross-demand which equals or exceeds the amount claimed by 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.
3. This notice was sued out by of His address within the town in which the Court is situated is
BANKRUPTCY FORM No. 5
Affidavit on Application to set aside Bankruptcy Notice (r. 40 (2).)-(Title.) Form No. 5
I, A.B., of , make oath and say:-
1. That I was, on the day of , 19 , served with the notice hereunto annexed (or, describe the notice).
That I have satisfied the debt claimed by C.D. by (state nature of satisfaction).
or
2. That I have a counterclaim (or set-off or cross-demand) for£ , being a sum equal to (or exceeding) the claim of the said C.D., in respect of (here state grounds of counterclaim).
3. That I 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.
(Sign.)
Sworn, etc., and filed on
Registrar.
Indorsement.
My address within the town in which the Court is situated is
BANKRUPTCY FORM No. 6.
Debtors Petition (r. 44, r. 45, r. 46).-(Title.)
I lately residing at (and carrying on business at ) having for the greater part of the past six months resided at (and carried on business at ) in the district of (or, as the case may be, following the terms of section 88 of the Law, and rules 6 and 45) and being unable to pay my debts, hereby petition the Court that a receiving order may be made in respect of my estate (and that I may be adjudged bankrupt).
(Sign.)
Signed in my presence and filed on
Registrar.
Note.-Where the debtor resides at a place other than his place of business both addresses should be inserted. (Also indorse with address in town.)
BANKRUPTCY FORM No. 7.
Creditors Petition (rr. 44-46).-( Title.)
I, C.D. of (or We, C.D. of and E.F. of ) hereby petition the Court that a receiving order may be made in respect of the estate of of and lately carrying on business at (or residing at) and say :-
1 That the said A.B. has for the greater part of six months next preceding the presentation of this petition resided (or carried on business) at in the district of (or, as the case may be, following the terms of section 88 of the Law, and rules 6 and 45).
2. That the said A.B. is justly and truly indebted to me (or us in the aggregate) in the sum of £ (set out amount of debt or debts, and the consideration).
3. That I (or We) do not, nor does any person on my (or our) behalf hold any security on the said debtors estate, or on any part thereof, for the payment of the said sum.
or
That I hold security for the payment of (or part of) the said sum (but that I 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 £ ).
or,
That I, C.D., one of your petitioners, hold security for the payment of, etc.
That I, E.F., another of your petitioners, hold security for the payment of, etc.
4. That A.B. within three 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 upon).
(Sign.)
Signed in my presence and filed on
Registrar.
Note.-All the creditors joining in a petition should sign it. If 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 is presented by a firm, see r. 127 for partners signature. If debtor resides at any place other than the place where he carries on business both addresses should be inserted.
Indorsement.
This petition having been presented to the Court on the day of , 19 , it is ordered that it shall be heard on the day of , 19 , at oclock in the forenoon.
And you, the said A.B., arc to take notice that if you intend to dispute the truth of any of the statements contained in the petition you must file with the Registrar of this Court a notice showing the grounds upon which you intend to dispute the same, and serve a copy of such notice on the petitioner (four) days before the date fixed for the hearing.
The petitioners address in the town in which the registry of the Court is situated is
Note.-The petition should be accompanied by one or more simple affidavits verifying the several statements in the petition, sworn by the petitioner or other person having personal knowledge of their truth.
BANKRUPTCY FORM No. 7A.
Affidavit of Truth of Statements in Petition (r. 5o).-(Title.)
I, C. D., 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, etc.
(Sign.) C.D.
Note.-If the petitioner cannot from his own knowledge depose to the truth of all the statements in the petition, the affidavit should be made by some person who can do so. See also r. 50 (3), (4) and (5).
BANKRUPTCY FORM No. 7B.
Affidavit of Truth of Statements in Joint Petition (r.5o).-(Title.)
We, C.D. and E.F., etc., the petitioners named in the petition hereunto annexed, severally make oath and say :-
And first I, the said C.D., for myself say from my own knowledge-
1. That A.B. is justly and truly indebted to me in the sum of pounds as stated in the said petition.
2. That A.B. committed the act (or acts) of bankruptcy stated to have been committed by him in the said petition.
3. That A.B. has for the greater part of the past six months resided (or carried on business) at
And I, the said E.F., for myself say from my own knowledge-
4. That A.B. is justly and truly indebted to me in the sum of pounds as stated in the said petition.
(Sign.) C.D.,
E.F.
Sworn by the deponents, etc.
Note.-See note to Bankruptcy Form No. 7A.
BANKRUPTCY FORM No. 8.
Notice by Debtor of Intention to oppose Petition (r. 59).-(Title.)
In the matter of bankruptcy petition presented against me on the day of , 19 , by C.D. of (or and E.F. of , G.H. of , etc.).
I, the above A.B., do hereby give you notice that I intend to oppose the making of a receiving order as prayed, and that I intend to dispute the petitioning creditors debt (or the act of bankruptcy, or to contend that, or as the case may be).
(Sign.) A.B.
Filed on
(Sign.) Registrar.
Copy to be served on at (town address)
(four) days before
BANKRUPTCY FORM No. 9.
Statement of Partners or of Person carrying on Business under a Business
Name (r .48 (2)).-(Title.)
The names, descriptions, and addresses of the partners in the above firm as registered under the Partnership Law, and published in the Gazette of (of which a copy accompanies this statement) are as follows :-
or
The name, description, and address of the individual carrying on business under the above business name as registered under the Partnership Law, and published in the Gazette of (of which a copy accompanies this statement) is as follows :-
or
I, A.B., a general partner of (or the petitioning creditor against) the above firm state that to the best of my information and belief the names, descriptions, and addresses of the partners in the firm are as follows :-
or
I, A.B., the debtor (or the petitioning creditor) state that to the best of my information and belief the name, description, and address of the individual carrying on business under the above business name is as follows :-
Date (Sign.)
BANKRUPTCY FORM No. 10.
Notice to Land Registry Office (r. 48).-(Title.)
To the Chief Clerk, Land Registry Office,
Please take notice and register in your books that a bankruptcy petition has this day been filed by or against the following :- (Names, descriptions, and addresses of debtors.)
Date (Sign.)
Registrar.
BANKRUPTCY FORM No. 11.
Bond on Stay of Proceedings, Security, etc. (s. 6 (6), and r. 19).-(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 liable to L.M., of etc., in pounds 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, by these presents.
Sealed with our seals, and dated this day of , 19 ,
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 pounds only, or as the case may be).
Now, therefore, the condition of this obligation is such that if the above-bound A.B., or the said C.D. or E.F. shall on demand 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 (twenty-one) 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.
Signed, sealed, and deliveredA.B. (L.S.)
in my presenceC.D. (L.S.)
E.F. (L.S.)
(Sign.)
Registrar.
Note.-If a deposit of money be made the memorandum should follow the terms of the conditions of the bond. This form may be adapted to other cases.
BANKRUPTCY FORM No. 12.
General Form of Application (r. 16).-(Title.)
Ex parte (the debtor, or X.Y. a creditor, or as the case may be).
Applicant.
The above applicant applies for
The application is based on
The facts relied upon (as verified by the accompanying affidavit) are
Dated (Sign)
Advocate for Applicant.
The applicants address in the town in which the registry of the court is situated is
A notice of (seven) days is to be given to
The application is fixed for hearing on at oclock in the noon.
BANKRUPTCY FORM No. 13.
Notice of Intention to oppose Application (r. 18).-(Title.)
In re the application of dated and fixed for hearing on
Notice is hereby given that X.Y. (the debtor, or a creditor, or as the case may be) intends to oppose the above application.
The opposition is based on
The facts relied upon in opposition (as verified by the accompanying affidavit) are
Dated (Sign.)
Note.-This notice and the affidavit in support should be filed with the registrar, and copies left at the applicants town address, two days before the day fixed for the hearing of the application.
BANKRUPTCY FORM No. 14.
Receiving Order on Debtors Petition (r. 57 (1)).-(Title.)
On the petition of the debtor himself, filed the day of 19 , a receiving order is hereby made against A.B. (insert name, addresses, and descriptions as set out in petition), and the Official Receiver of this Court is hereby constituted receiver of the estate of the said debtor.
Given
Drawn up
Note.-.The above-named debtor is directed to attend immediately the Official Receiver at his office.
BANKRUPTCY FORM No. 15.
Receiving Order on Creditors Petition (r. 64).)-(Title.)
On the petition of J.S., of , a creditor, filed the , 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 out in petition) and the Official Receiver of this Court is hereby constituted receiver of the estate of the said debtor.
Given
Drawn up
Note.-The above-named debtor is required, immediately after the service of this order upon him, to attend the Official Receiver at his office.
BANKRUPTCY FORM No. 16.
Statement of Affairs (r. 73).-(Title.)
To the Debtor,
You are required to fill up in duplicate, carefully and accurately, this sheet, and such of the several sheets, A, B, C, D, E, F, G, H, I, J, and K, 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 , 19 , Such sheets, when filled up, will constitute your Statement of Affairs, and must be verified by affidavit.
(Sign.)
Dated Official Receiver.
Note.-The sheets should be filled up and submitted to me by the
(1) |
(2) |
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Gross Liabilities |
Liabilities (as stated and estimated by-debtor). |
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£ |
s. |
p. |
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£ |
s. |
p. |
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Unsecured creditors as per list (A) |
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Creditors fully secured as per list (B). |
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Estimated value of securities |
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Surplus |
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Less amount thereof carried to sheet (C) |
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Balance thereof to contra |
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Creditors partly secured as per list (C) |
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Less estimated value of securities |
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Liabilities on bills discounted other than debtors own acceptances for value, as per list (D), viz. :- On accommodation bills as drawer, acceptor or indorser |
£ |
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On other bills as drawer or indorser |
£ |
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£ |
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Of which it is expected will rank against the estate for Dividend |
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Contingent or other liabilities as per list (E) |
£ |
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Of which it is expected will rank against the estate for |
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Dividend |
£ |
s. |
p. |
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Creditors for rent, as per list (F) |
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Creditors for rates, taxes, wages, etc., |
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payable in full as per list (G) |
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Sheriffs charges payable under section |
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5 of the Law, estimated at |
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Deducted contra |
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Surplus explained in statement (K) |
(3) |
(4) |
(5) |
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Expecte to Rank |
Assets (as stated and estimated by debtor) |
Estimated to produce |
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£ |
s. |
p. |
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£ |
s. |
p. |
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Property as per list (H), viz :- |
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(a) Cash at bankers |
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(b) Cash in hand |
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(c) Cash deposited with advocate for |
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costs of petition |
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(d) Stock-in-trade (cost £ ) |
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(e) Machinery |
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(f) Trade fixtures, fittings, utensils, etc. |
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(g) Farming stock |
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(h) Growing crops and tenant right |
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(i) Furniture |
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(j) Life policies |
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(k) Stocks and shares |
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(l) Reversionary or other interests under wills |
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(m) Other property, viz.:- |
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Total as per list (H) |
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Book Debts as per list (I), viz.:- |
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Good |
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Doubtful |
£ |
s. |
p. |
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Bad |
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£ |
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Estimated to produce |
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Bills of exchange or other similar securities |
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on hand, as per list (J) |
£ . |
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Surplus from securities in the hands of creditors fully secured (per contra) |
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Deduct creditors for rent and for preferential rates, taxes, wages, sheriffs charges, etc. (per contra) |
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Deficiency explained in statement (K) |
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I, , of , in the District of , make oath and say that the above statement and 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 in the District of this day of , 19 , before me
Signature,
A.- Unsecured Creditors.
The names to be arranged in alphabetical order and numbered consecutively, creditors for £10 and upwards being placed first.
No |
Name |
Address and occupation |
Amount of debt |
Date when Contracted |
Consideration |
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Month |
Year |
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Dated , 19 Signature,
Note.-When there is a contra account against the creditor, less than the amount of his claim against the estate the amount of the creditors claim and the amount of the contra account should be shown in the third column, and the balance only be inserted under the heading of Amount of Debt , thus:
£s.P.
Total amount of claim
Less contra account
No such set-off should be included in Sheet I .
2. The particulars of any bills of exchange and promissory notes held be inserted immediately below the name and address by a creditor should of such creditor.
B.-Creditors fully secured.
(1) |
(2) |
(3) |
(4) |
(5) |
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No |
Name of Creditor |
Address and Occupation |
Amount of debt |
Date when contracted |
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Month |
Year |
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(6) |
(7) |
(8) |
(9) |
(10) |
Consideration |
Particulars of security |
Date when given |
Estimated value of Security |
Estimated Surplus form Security |
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Dated , 19 Signature,
C.-Creditors partly secured.
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
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No |
Name |
Address and occupation |
Amount of debt |
Date when Contracted |
Consideration |
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Month |
Year |
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(7) |
(8) |
(9) |
(10) |
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Particulars of Security |
Month and Year when given |
Estimated value of Security |
Balance of Debt unsecured |
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Dated , 19 Signature.
D.-Liabilities of Debtor on Bills discounted other than his own acceptances
for Value.
(1) |
(2) |
(3) |
(4) |
(5) |
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No |
Acceptors Name, Address and Occupation |
Whether liable as Drawer or Indorser |
Date when due |
Amount |
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Accommodation Bills |
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(6) |
(7) |
(8) |
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Amount |
Holders Name, Address and Occupation (if known) |
Amount expected to rank against Estate for Dividend |
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Other Bills |
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Dated , 19 Signature,
E.
Contingent or Other Liabilities.
Full particulars of all Liabilities not otherwise scheduled to be given here.
(1) |
(2) |
(3) |
(4) |
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No |
Name of Creditor or Claimant |
Address and Occupation |
Amount of Liability or Claim |
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(5) |
(6) |
(7) |
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Amount expected to rank for Dividend |
Date when Liability incurred |
Nature of Liability |
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Month |
Year |
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£ |
s. |
p. |
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Dated , 19 Signature.
F.
Creditors for Rent.
No |
Name of Creditor |
Address and Occupation |
Nature of Claim |
Period during which Claim is accrued due |
Date when due |
Amount of Claim |
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Dated , 19 Signature,
G.
Preferential Creditors for Rates, Taxes, Wages, Compensation under the
Workmens Compensation Law, Cap. 216.
(1) |
(2) |
(3) |
(4) |
(5) |
No |
Name of Creditor |
Address and Occupation |
Nature of Claim |
Period during which Claim accrued due |
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(6) |
(7) |
(8) |
(9) |
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Date when Due |
Amount of Claim |
Amount payable in full |
Difference ranking for Dividend (to be carried to List A) |
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Dated , 19 Signature.
H.
Full particulars of every description of property in possession and in reversion as defined by section 2 of the Law, not included in any other list, are to be set forth in this list.
Full Statement of Nature of Property |
Estimated to produce |
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£ |
s |
P |
(a) Cash at bankers |
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(b) Cash in hand |
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(c) Cash deposited with advocate for costs of petition |
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(d) Stock in trade at cost £ |
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(e) Machinery at |
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(f) Trade fixtures, fittings, utensils, etc., at |
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(g) Farming stock at |
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(h) Growing crops and tenant right at |
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(i) Household furniture and effects at |
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(j) Life policies |
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(k) Stocks and shares |
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(l) Reversionary or other interests under wills, etc. |
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(m) Other property- (state particulars), viz. |
Dated , 19 Signature,
I.
Debts due to the Estate.
(1) |
(2) |
(3) |
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No |
Name of Debtor and Address |
Amount of Debt |
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Good |
Doubtful |
Bad |
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(4) |
(5) |
(6) |
(7) |
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Folio of Ledger or other Book where particulars to be found |
When contracted |
Estimated to produce |
Particulars of any Securities held for Debt |
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Month |
Year |
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Dated , 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 second column, and the balance only be inserted under the heading Amount of Debt thus :-
£ s. P.
Due to estate
Less contra account
No such claim should be included in sheet A.
J.
Bills of Exchange, Promissory Notes, etc., available as Assets.
(1) |
(2) |
(3) |
(4) |
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No |
Name of Acceptor of Bill or Note |
Address, etc. |
Amount of Bill or Note |
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(5) |
(6) |
(7) |
Date when due |
Estimated to Produce |
Particulars of any property held as Security for payment of Bill or Note |
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Dated , 19 Signature.
K.
Deficiency (or Surplus Account).
(1) |
(2) |
(3) |
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£ |
s. |
p. |
£ |
s. |
p. |
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Excess of assets over liabilities on the day of , 19 (if any) |
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Net profit (if any) arising from carrying business from the day of , 19 , to date of receiving order, after deducting usual trade expenses |
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Income or profit from other sources (if any) since the day of , 19 |
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Gifts from relations and others |
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Deficiency as per Statement of Affairs. |
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Total amount to be accounted for £ |
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(4) |
(5) |
(6) |
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£ |
s. |
p. |
£ |
s. |
p. |
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Net loss (if any) arising from carrying on business from the day of 19 , to date of receiving order, after charging against profits the usual trade expenses |
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Bad debts (if any) as per schedule I |
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Depreciation of stock in trade |
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Depreciation of machinery |
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Depreciation of trade fixtures, fittings, etc. |
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Expenses incurred since the day of ,19 , other than usual trade expenses, viz., household and personal expenses of self and |
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Other losses and expenses (if any) |
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Surplus as per Statement of Affairs |
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Total amount to be accounted for £ |
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L.
In substitution for such of the sheets named A to J as will have to be returned blank.
List |
Particulars, as per front sheet |
Debtors Remarks Where no particulars are entered by the debtor on any one or more of the lists named A to J the word Nil should be inserted in this column opposite the particular list or lists thus left blank. |
A. |
Unsecured Creditors |
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B. |
Creditors fully secured |
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C. |
Creditors partly secured |
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D. |
Liabilities of debtor on bills discounted other than his own acceptances for value |
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E. |
Contingent or other liabilities |
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F. |
Creditors for rent |
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G. |
Preferential creditors for rates, taxes, wages, compensation under the Workmens Compensation Law, Cap. 216 |
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H. |
Property |
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I. |
Debts due to the estate |
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J. |
Bills of Exchange, Promissory Notes, etc., available as assets |
Dated , 19 Signature.
BANKRUPTCY FORM No. 17.
Notice to Creditors of First Meeting where no Order for Summary
Administration has been made, and the Debtor has not submitted a Proposal for a
Composition or Scheme (r. 104 (2)).
(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 on the day of , 19 , at oclock in the noon.
To entitle you to vote thereat your proof must be lodged with me not later than twelve oclock on the day of , 19
A form of proof and forms of general and special proxy are enclosed herewith. Proxies to be used at the meeting must be lodged with me not later than twelve oclock on the day of , 19
The public examination of the debtor is fixed for the day of , 19 , at oclock in the noon, at
Any creditor who has tendered a proof, or his representative authorized in writing, or the holder of a general proxy or general power of attorney from a creditor, may question the debtor on his public examination concerning his affairs and the causes of his failure.
(Sign.)
Official Receiver.
Dated Address
(The debtors statement of affairs )
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 fix the remuneration of the trustee, or resolve that the same be left to the committee of inspection.
(3) 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.
BANKRUPTCY FORM No. 18.
Notice to Creditors of First Meeting in Summary Case where Debtor has not
submitted an offer of Composition (r. 104 (2)).
(Title.)
Summary Case.
(Under receiving order dated the day of , 19 )
Notice is hereby given that the first meeting of the creditors in the above matter will be held at on the day of 19 , at oclock in the noon, for the purpose of receiving a report by the Official Receiver upon the position of the estate.
The debtor has been adjudged bankrupt, and an order for summary administration has been made by the Court. Under section 103 (1) (a) of the Bankruptcy Law, Cap. 6, the Official Receiver is the trustee in the bankruptcy.
An order for summary administration has been made by the Court. If the creditors resolve that the debtor shall be adjudged bankrupt the Official Receiver will become the trustee in the bankruptcy.
To entitle you to vote at this meeting your proof must be lodged with me not later than twelve oclock on the day of , 19
A form of proof and forms of general and special proxy are enclosed herewith. Proxies to be used at the meeting must be lodged with me not later than twelve oclock on the day of , 19
The public examination of the debtor is fixed for the day of , 19 , at oclock in the noon at
Any creditor who has tendered a proof, or his representative authorized in writing, or the holder of a general proxy or general power of attorney from a creditor, may question the debtor on his public examination concerning his affairs and the causes of his failure
(Sign.)
Official Receiver.
Dated Address
The debtors statement of affairs
BANKRUPTCY FORM No. 19.
Notice of First or other Meeting where Debtor submits an Offer of Composition
or Scheme (rr. 104 and 105).
(Title.)
(Under receiving order dated the day of , 19 ).
Notice is hereby given that the first (or a general) meeting of the creditors of the above-named debtor will be held at on the day of , 19 , at oclock in the noon precisely.
Creditors qualified to vote at such meeting may, by a resolution passed by a majority 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 (or 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.
Proofs of debts intended to be used at the meeting must be lodged with the Official Receiver not later than 12 oclock on the day of , 19
Proxies and voting letters to be used at the meeting must be lodged not later than twelve oclock on the day of , 19
Creditors who prove their debts, and whose proofs are admitted, and who do not vote on the debtors proposal, will be reckoned as voting against it.
A sitting of the Court for the public examination of the debtor will be held at on the day of , 19 , at oclock in the noon.
Any creditor who has tendered a proof, or his representative authorized in writing, or the holder of a general proxy or a general power of attorney from a creditor, may question the debtor on his public examination concerning his affairs and the causes of his failure.
(Sign.)
Official Receiver.
Dated Address
Notes.
1. Creditors who have proved may vote for or against the acceptance of the debtors proposal by means of the voting letter attached to the Official Receivers 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, and fix the remuneration of the trustee or resolve that it be left to the committee of inspection.
3. A form of proof and forms of general and special proxy and a summary of the statement of affairs are sent herewith.
(In summary cases the notice should be marked with the words Summary Case under the title and the following substituted for Note 2:-
2. If the proposal be not accepted the meeting may, if the debtor has not already been adjudged bankrupt, resolve on his adjudication, when the Official Receiver will become the trustee.)
BANKRUPTCY FORM No. 20.
Notice to Creditors of Adjourned Meeting (First Schedule, r. 22).
(Title.)
Taken notice that the meeting of creditors in the above matter held on the day of , 19 , at was adjourned to the day of , 19 , and will accordingly be held at on the said day at oclock in the noon.
Agenda.
[Insert here nature of business to be transacted.]
(Sign.)
Official Receiver.
Date Address
BANKRUPTCY RULE No. 21.
Affidavit or Certificate of Postage of Notices (r. 106 (2)).
(Title.)
I, , the Official Receiver (or trustee, or as the case may be) certify (or make oath and say) as follows:-
1. That I did on the day of ,19 , send to each creditor mentioned in the debtors statement of affairs (or who has proved in this matter, or as the case may be) and to the above-named debtor, a notice of the time and the place of in the form hereunto annexed marked A, accompanied by a summary of the debtors statement of affairs in the form hereunto annexed marked B (or as the case may be).
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 debtor (or in their respective proofs), and also to the said debtor at
3. That I sent the said notices by registered letter by putting the same into the post office at before the hour of oclock in the noon on the said day.
Dated (Sign.)
Sworn, etc. Registrar.
BANKRUPTCY RULE No. 22.
Notice to Debtor to attend First Meeting of Creditors (r. 104 (i)).
(Title.)
Take notice that the first meeting of your creditors will be held on the day of 19 , at oclock, at , and that you are required to attend thereat, and submit to such examination and give such information as the meeting may require. And further, take notice that if you fail to comply with the requirements of this notice, you will be guilty of a contempt of Court, and may be punished accordingly.
Dated (Sign.)
Official Receiver.
To the above-named debtor.
BANKRUPTCY RULE No. 23.
Authority to Deputy to act on the Official Receivers behalf at Meeting of
Creditors (r. 153).
(Title.)
In regard to the first meeting of creditors in the above matter to be held at on the day of , 19 , I, , the Official Receiver in bankruptcy of the above Court, hereby nominate Mr. of , to be the chairman thereat and I depute Mr. of (or him) to attend such meeting and use on my behalf any proxy or proxies held by me in this matter.
Dated (Sign.)
Official Receiver.
BANKRUPTCY FORM No. 24
Resolutions where Adjudication resolved on (First Schedule, r. 23).
(Title.)
Minutes of resolutions come to and proceedings had at the first meeting of creditors held at this day of ,19 , , Chairman, the Official Receiver (or the Official Receiver being absent, F.K. of , 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) shall be the trustee of the property of the bankrupt at (here state remuneration) (or that the appointment of a trustee in this bankruptcy be made by the committee of inspection).
That I.J., L.M., N.O., P.Q. 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.).
(Sign.)
Official Receiver,
or F.K., Chairman.
No. |
Assenting Creditors Signatures |
Amount of Proof |
No. |
Dissenting Creditors Signatures |
Amount of Proof |
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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 signature must be attached at the meeting.
Resolutions should be put separately.
BANKRUPTCY FORM No. 25.
Notice of Meeting (General Form) (r. 105).
(Title.)
The 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 inclosed herewith.)
Agenda.
Dated (Sign.)
To X.Y.Address
BANKRUPTCY FORM No. 26.
Notice to Creditors of Meeting to remove Trustee and to appoint a Person
to fill the Vacancy (r. 170).
(Title.)
At the request of one-sixth 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 oclock in the noon, for the purpose of considering the propriety of removing G.H., the trustee of the property of the bankrupt, from his office as such trustee, and in the event of his removal to appoint a person to fill the vacancy.
Dated L.M.,
A member of the Committee of Inspection,
(or Official Receiver).
To X.Y.
BANKRUPTCY FORM No. 27.
Minutes of Meeting (General Form) (First Schedule, r.23).
(Title.)
Ministers of proceedings had at a meeting of creditors of the said bankrupt held at on the day of , 19
Chairman of the meeting, E.F., of
Resolved (here should follow resolutions).
Dated E.F., Chairman of this meeting.
BANKRUPTCY FORM No. 28.
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
Number |
Names of Creditors present or represented |
Amount of Proof |
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1 2 3 4 |
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4 |
Total number of creditors present or represented. |
BANKRUPTCY FORM No. 29.
List of Creditors for Use at Meeting held for Consideration of composition or Scheme.
(Title).
Meeting held at this day of , 19
No. |
Names of all Creditors whose proofs have been admitted |
Here state as to each creditor whether he voted, and if so, how, whether personally, by proxy, or voting letter |
Amount of Assets |
Amount of admitted Proof |
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Total |
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Required number for majority
Required value£::
BANKRUPTCY FORM No. 30.
Proof of Debt (General Form) (Second Schedule, rr. 2-5).
(Title.)
I , of , in the district of , make oath and say:-
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 deposed 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.
That I am duly authorized under the seal of the company hereinafter named to make the proof of debt on its behalf.
That the said , was (or were) at the date of the receiving order, viz., the day of , 19 , and still is (or are) justly and truly indebted to in the sum of pounds shillings and piastres for
Debt£::
Contra£::
£::
as shown by the* { account endorsed hereon account hereto annexed marked A for which sum or any part thereof I say that I have not nor hath or any person by order to my knowledge or belief for use had or received any manner of satisfaction or security whatsoever, save and except the following
Signature of Deponent.
Sworn before me on
Registrar or Official Receiver.
Admitted to vote for £
(Sign.)
Official Receiver.
Dated
Admitted to rank for dividend for £
(Sign.)
Dated Trustee.
Bills of exchange should be described as follows:-
Date |
Drawer |
Acceptor |
Amount |
Due date |
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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 Bankruptcy- This is the account marked with the letter A referred to in the annexed proof of the debt made by in re sworn before me this day of ,19
(Sign.)
Registrar or Official Receiver.
Date |
Consideration |
Amount |
Remarks The vouchers (if any) by which the Account can be substantiated should be set out below |
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Signature of Deponent.
BANKRUPTCY FORM No. 31.
Proof of Debt of Workmen or others entitled to Wages (r. 110).
(Title.)
We, the undersigned, whose several names, addresses, and descriptions appear in the schedule endorsed hereon, make oath and say :-
That the above-named debtor (or debtors) was (or were) at the date of the receiving order, viz., the day of ,19 , and still is (or are) justly and truly indebted to us in the sums severally set against our names in the sixth column of such schedule for wages due to us respectively as workmen or others in the employ of the above-named debtor (or debtors) in respect of services rendered by us respectively to the above-named debtor (or debtors) during such periods before the date of the receiving order and at such rates as are set out against our respective names in the fifth column of such schedule, for which said sums, or any part thereof, we say respectively that we have not received any manner of satisfaction or security whatsoever.
Signatures of deponents.
Sworn before me on
(Sign.)
Registrar or Official Receiver.
SCHEDULE referred to on the other side.
(1) No |
(2) Full Name of Workman |
(3) Address |
(4) Description |
(5) Period over which wages due and rate |
(6) Amount due |
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£ |
s. |
p. |
BANKRUPTCY FORM No. 32.
Notice of Decision on Proof of Debt where not rejected (r. 118 (1)).
(Title.)
Take notice that as Official Receiver (or trustee) of the above estate I have this day admitted your claim against such estate lodged on
or
Take notice that as Official Receiver (or trustee) of the above estate I require further evidence in support of your claim against such estate lodged on
You are requested to call at my office at in this connection on the day of , 19 , between the hours of
Dated (Sign.)
Official Receiver
or Trustee,
BANKRUPTCY FORM No. 33.
Notice of Rejection of Proof of Debt (r. 118 (1)).
(Title.)
Take notice that as Official Receiver (or trustee) of the above estate I have this day rejected your claim against such estate 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 by the Court unless made within fourteen days of the date of this notice.
Dated (Sign.)
Official Receiver
or Trustee.
TO X.Y.
BANKRUPTCY FORM No. 34.
General Proxy (First Schedule, r. 16).
(Title.)
I, of , a creditor, hereby appoint to be general proxy in the above matter (excepting as to the receipt of dividend).
Dated this day of , 19
(Sign.)
Signature of Witness
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. It is not however intended that the Official Receiver shall in any case receive dividends on behalf of a creditor.
2. The authorized agent of a corporation may fill up blanks, and sign for the corporation thus :-
For the Company
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 as follows :-
J.S. (duly authorized by a general authority in writing to sign on behalf of (name of creditor).
Certificate to be signed by person other than creditor filling up the above proxy
I , of , being (here state whether clerk or manager in the regular employment of the creditor or a commissioner of oaths) hereby certify that all insertions in the above proxy are in my own handwriting and have been made by me at the request of the above- named and in his presence before he attached his signature (or mark) thereto.
Dated this day of , 19
(Sign.)
The proxy must be lodged with the Official Receiver or trustee not later than twelve oclock on the day preceding the meeting at which it is to be used.
BANKRUPTCY FORM No. 35.
Special Proxy (First Schedule, r. 16 (3))
(Title.)
I, , of , a creditor, hereby appoint as proxy at the meeting of creditors to be held on the day of , 19 , or at any adjournment thereof, to vote
Dated this day of , 19
(Sign.)
Signature of Witness
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 at a specified rate of remuneration, or as a 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
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 as follows:-
J.S. (duly authorized by a general authority in writing to sign on behalf of (name of creditor)
Certificate to be signed by person other than creditor filling up the above proxy.
I, of , being (here state whether clerk or manager in the regular employment of the creditor or a commissioner of oaths), hereby certify that all insertions in the above proxy are in my own handwriting and have been made by me at the request of the above-named and in his presence before he attached his signature (or mark) thereto.
Dated this day of, 19
(Sign.)
The proxy must be lodged with the Official Receiver or trustee not later than twelve oclock on the day preceding the meeting at which it is to be used.
BANKRUPTCY FORM No. 36.
Order appointing a time for the Public Examination of the Debtor (r. 75).
(Title.)
Upon the application of the Official Receiver in the above matter, it is ordered that the public examination of the above-named debtor be held at on the day of , 19 , at oclock 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
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.
BANKRUPTCY FORM No. 37
Notice of Day for proceeding with Public Examination (r. 77 (2)).
(Title.)
Notice is hereby given that the above-named Court has appointed day, the day of , 19 , at oclock 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 (Sign.)
Official Receiver
BANKRUPTCY FORM No. 38.
Proposal for a Composition (r. 79).
(Title.)
I, , the above-named debtor, hereby submit the following proposal for a composition in satisfaction of my debts :-
1. That 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 shall be provided for as follows:-
(Set out proposal for provision for fees, charges, etc.)
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 shall be provided for as follows :-
(Set out proposal for provision for preferential debts.)
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 (Sign.)
BANKRUPTCY FORM No. 39.
Proposal for a Scheme of Arrangement (r. 79).
(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 out terms of scheme.)
2. That 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 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.)
3. 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.)
4. (Set out any other terms.)
Dated (Sign.)
BANKRUPTCY FORM No. 40.
Report of Official Receiver to Creditors on Proposal for Composition or Scheme
and Voting Letter (r. 79).
(Title.)
The Official Receiver of the above estate hereby reports:-
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.)
That the liabilities, as shown by the debtors statement of affairs, amount to the sum of £ and the assets are estimated by the debtor at the sum of £ after payment of preferential charges and preferential debts. That the value of the assets is (fairly estimated by the debtor) (or, as the case may be).
That the terms of the debtors proposal (set out particulars of proposal and observations on the proposal and the debtors conduct.)
Dated (Sign.)
Official Receiver.
(Address)
Voting Letter (s. 17 (4)).
(Title.)
I, , of a creditor in the above matter for the sum of £ hereby request the Official Receiver of the said estate to record my vote the acceptance of the proposal as set forth in the report of the Official Receiver hereto annexed and/or any amendment thereof which shall, in the opinion of the Official Receiver, be calculated to benefit the general body of the creditors.
Signature of Creditor
Dated this day of , 19
Signature of Witness*
(*Note-The witness may be a registrar of a Court, or an Official Receiver or a certifying officer.)
BANKRUPTCY FORM No. 41.
Resolution accepting Composition or Scheme (r. 80).
(Title.)
Minutes of resolutions come to and proceedings had at a meeting of creditors held at , this day of , 19
(Sign.)
Chairman.
Resolved as follows :-
That the debtors proposal for a composition (or scheme of arrangement) as set forth in the annexed paper writing marked A be accepted.
F.K., Chairman.
No. |
Assenting Creditors Signatures |
Amount of Proof |
No. |
Dissenting Creditors Signatures |
Amount of Proof |
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£ |
s. |
p. |
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£ |
s. |
p. |
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 signature must be attached at the meeting. Resolutions should be put separately.
BANKRUPTCY FORM No. 42.
Certificate of Approval of Composition or Scheme (s. 17 (14)).
(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 (Sign.)
Official Receiver.
BANKRUPTCY FORM No. 43.
Order of Adjudication (rr. 93-95).
(Title.)
Ex parte the Debtor Applicant.
Whereas pursuant to a petition dated against (here insert name, address and description of debtor) a receiving order was made on the (date):
On the application of the debtor himself, and upon reading and hearing
It is ordered that the debtor be and the said debtor is hereby adjudged bankrupt.
Given this
or
Ex parte J.S., a creditor, or the Official Receiver, Applicant.
Whereas pursuant to a petition dated against (here insert name, address and description of debtor) a receiving order was made on the (date):
On the application of J.S., a creditor (or the Official Receiver), and upon reading and hearing
It appearing to the Court that (here set out the grounds of making the order.)
It is ordered that the debtor be and the said debtor is hereby adjudged bankrupt.
Given this
BANKRUPTCY FORM No. 44.
Certificate of Creditors of whom the Official Receiver has Notice (r. 98 (1)).
(Title.)
I certify that the following are the creditors in the above matter of whom I have notice:-
List A.-Creditors who have proved.
List B.-Other creditors.
Dated (Sign.)
Official Receiver.
BANKRUPTCY FORM No. 45.
Consent of Bankrupt to Judgment being entered for Balance or part of Balance
of provable Debts (r. 100).
(Title.)
I, A.B., of , the above-named bankrupt, do hereby consent to judgment being entered against me in the above 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 Law, Cap.6, with regard to the issue of execution on such judgment.
Dated this day of , 19
(Sign.) A.B
BANKRUPTCY FORM No. 46.
Affidavit by Debtor whose discharge has been granted conditionally as to
after-acquired Property or Income (r. 103 (1)).
(Title.)
I, , the above-named debtor, make oath and say as follows :-
1. I 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, namely, the day of ,19 , (or, since the date when last I filed a statement of after-acquired property and income in Court, namely, the day of , 19 ).
Signature of Debtor.
Sworn before me on
(Registrar.)
BANKRUPTCY FORM No. 47.
Certificate for Removal of Disqualification (s. 27 (4)).
(Title.)
Whereas an order of discharge was, on the day of , 19 granted to A.B., the above-named bankrupt, it is hereby certified that the bankruptcy of the said A.B., was caused by misfortune without any misconduct on his part.
Dated this day of , 19
(Sign.)
Judge of the Court.
BANKRUPTCY FORM No. 48.
Objection to Appointment of Trustee (r. 164).
(Title.)
To the Registrar,
I, A.B., the above-named debtor in the above matter, (or J.S., a creditor) request you to fix a day for the hearing of my objection to the appointment of C.D., as trustee of my property, (or, of the property of the above-named debtor).
The grounds of my objection (as verified by the accompanying affidavit) are:-
(Sign.)
Filed on
Registrar.
The above objection will be heard on the day of , 19 , at the hour of in the noon.
BANKRUPTCY FORM No. 49.
Certificate of Appointment of Trustee (s. 20 (s)).
(Title.)
This is to certify that G.H. of has been duly appointed and approved as trustee of the property of , who was adjudged bankrupt on the day of , 19
Dated this day of , 19
(Sign.)
Judge of the Court.
BANKRUPTCY FORM No. 50.
Notice to Landlord of Intention to disclaim Leasehold Property not sub-let
or mortgaged (r. 125)
(Title.)
Take notice that I intend to disclaim the dated whereby was let to the above named bankrupt 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 seven days of the receipt by you of this notice.
Dated this day of , 19
(Sign.) Trustee.
Address.
To
The landlord of the above-mentioned property.
BANKRUPTCY FORM No. 51.
Notice of Intention to disclaim Leasehold Property sub-let or mortgaged
(r. 125).
(Title.)
Take notice that I intend to disclaim the lease dated whereby was let to 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 fourteen days of the receipt by you of this notice.
Dated this day of , 19
(Sign.) Trustee.
Address.
To Mr. , the landlord of the above-mentioned premises and
To Mr. , the mortgagee or sub-tenant.
BANKRUPTCY FORM No. 52
Disclaimer without Notice (r. 125).
(Title.)
I, , the trustee of the property of the above-named bankrupt, hereby disclaim the of the premises which were let to the above-named bankrupt at a rent of £ per
Notice of this disclaimer has been given to (here insert names, descriptions, e.g., landlord, or as the case may be, and addresses of persons to whom notice, given).
Dated this day of , 19
(Sign.) Trustee.
Address.
Filed on
(Sign.)
Registrar.
BANKRUPTCY FORM No. 53.
Disclaimer of Leasehold Property after Notice to Landlord, Mortgagees,
etc. (r. 125).
(Title.)
Pursuant to notice dated the day of , 19 , addressed to (here insert names, descriptions, e.g., landlord, etc., and addresses of persons to whom notice of intention to disclaim has been given), I, , the trustee of the property of the above-named bankrupt, hereby disclaim the lease dated the day of , 19 , whereby were let to at a rent of £ for a term of
Notice of this disclaimer has been given to (here insert names, descriptions, e.g., landlord, etc., and addresses of persons to whom notice of disclaimer has been given).
Dated this day of , 19
(Sign.) Trustee.
Address.
Filed on
(Sign.) Registrar.
BANKRUPTCY FORM No. 54.
Disclaimer of Lease with Leave of Court (s. 53 (3)).
(Title.)
Pursuant to an order of the Court dated the day of 19 , I, , 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 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
(Sign.) Trustee.
Address.
BANKRUPTCY FORM No. 55.
Notice of Disclaimer without Leave of Court (r. 125).
(Title.)
Take notice that, by writing under my hand, bearing date the day of , 19 , I, , the trustee of the property of the above-named bankrupt, disclaimed of the premises known as which were let to on a tenancy (or for a term of years, or as the case may be) at a rent of £ per (c).
The above-mentioned disclaimer has been flied in Court with the proceedings in the bankruptcy on
Your attention is directed to the provisions of the Bankruptcy Law printed on the back hereof.
Dated this day of , 19
(Sign.) Trustee.
Address.
(Note.-On the back of this notice the provisions of section 53 (2) and (6) of the Bankruptcy Law, Cap. 6, should be printed.)
BANKRUPTCY FORM No. 56.
Notice of Disclaimer of Lease with Leave of Court (s. 53 (s)).
(Title.)
Take notice that pursuant to an order of the Court dated the day of , 19 , I, , the trustee of the property of the above-named bankrupt, by writing under my hand bearing date the day of , 19 , 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 the bankruptcy on
Dated this day of ,19
(Sign.) Trustee
Address.
To
BANKRUPTCY FORM No. 57.
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 (r. 125).
(Title.)
To Mr.
Trustee of the property of the above-named bankrupt.
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 bankrupts liability) which liability has devolved on you as trustee in bankruptcy of his property, and I hereby require you to bring the matter of your intended disclaimer of the bankrupts interest in the said property before the Court.
Dated the day of , 19
(Sign.) A.B
(State how interested in property.)
Schedule to Notice when given by Lessor.
Date of lease
Names, addresses, and descriptions of parties to lease
Full description of property leased
Term and Rent
Date of assignment to bankrupt (if any)
Names and addresses of parties to assignment (if any)
Particulars of any notices of mortgage of lease by bankrupt
Schedule to Notice when given by Mortgagee or Assignee.
Date of lease
Names and addresses of parties to lease
Description of property leased
Term and Rent
Date of mortgage
Names and addresses of parties to mortgage
Term conveyed by mortgage
Amount secured by mortgage
Particulars of any transfer of mortgage, with dates and names and descriptions of parties thereto
BANKRUPTCY FORM No. 58.
Creditors Petition for Administration of Estate of Deceased Debtor under section 107
(Title.)
I, C.D., of (or We, C.D., of , and E.F., of ) hereby petition the Court that an order be made for the administration in bankruptcy of the estate of the late (here insert name and description of deceased debtor), who died on the day of ,19 , and say:-
1. That the said A.B. for the greater part of the six months next preceding his decease resided (or carried on business) at in the district of (or, as the case may be, following the terms of section 88 of the Law, and rules 6 and 45).
2. That the estate of the said A.B. is justly and truly indebted to me (or us in the aggregate) in the sum of £ (set out amount of debt or debts and the consideration).
3. That I (or We) do not nor does any person on my (or our) behalf hold any security on the said deceased debtors estate, or on any part thereof, etc. (or as in Bankruptcy Form No. 7, Creditors 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. dated 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
(Sign.)
Signed in my presence and filed on
(Sign.)
Registrar.
Indorsement.
This petition having been presented to the Court on the day of , 19 , it is ordered that it shall be heard on the day of 19 , at oclock in the forenoon.
If you, the said J.S. or G.H., intend to dispute the matter of any of the statements contained in the petition, you must file with the Registrar of this Court a notice showing the grounds upon which you intend to dispute the same, and serve a copy of such notice on the petitioner (two) days before the date fixed for the hearing.
The petitioners address in the town in which the registry of the Court is situated is
(See note to indorsement in Bankruptcy Form No. 7.)
BANKRUPTCY FORM No. 59
Order for Administration in Bankruptcy of Estate of deceased Debtor upon
Petition (s. 107 (s))
(Title.)
Upon the petition of C.D., dated , and upon reading and nearing ;
It is ordered that the estate of A.B., of , who died insolvent, be administered in bankruptcy, and that the Official Receiver of this Court be the trustee, and that the costs of this petition be
Given this
BANKRUPTCY FORM No. 60.
Statement to accompany Notice of Dividend (r. 121 (3)), and Application
for Release (s. 82 (2)).
(Title.)
In the matter of , (here state address and description of debtor), under Receiving Order dated
Statement showing position of estate at date of declaring dividend, (or at date of application for release, as the case may be).
Dr.
Estimated to produce per debtors Statement |
Receipts |
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To total receipts from date of receiving order, viz. :- (State particulars under the several headings specified in the debtors Statement of affairs) |
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Receipts for trading account |
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Less: |
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Deposit returned to petitioner |
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Payments to redeem securities |
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Costs of execution payments per trading Account |
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Net realizations |
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Payments |
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By Court and other fees (including stamp of on petition) |
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Law costs of petition |
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Other Law costs |
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Trustees remuneration as fixed by the viz:- |
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s. |
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per cent on £ |
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assets realized |
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assets distributed in. dividend |
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Special managers charges |
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Persons appointed to assist debtor under section 70 of the Law |
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Auctioneers charges as taxed |
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Other taxed costs |
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Costs of possession |
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Cost of notices in Gazette and local papers |
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Incidental outlay |
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Total cost of realization |
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Allowance to debtor |
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Creditors, viz :- |
£ |
s. |
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preferential |
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unsecured (c) dividend now declared of s. d. in the on £ |
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Dividends previously declared |
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The debtors estimate of amount expected to rank for dividend was £ |
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Balance |
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By section 77 (2) of the Bankruptcy Law, Cap. 6, it is provided that if one-fourth in number or value of the creditors dissent from the resolution, or the bankrupt satisfies the Court that the remuneration is unnecessarily large, the Court shall fix the amount of remuneration.
Assets not yet realized estimated to produce £ (Add here any special remarks trustee thinks desirable).
Creditors can obtain any further information by inquiring at the office of trustee.
Dated this day of , 19
(Signature of trustee)
(Address)
Note.-When this statement accompanies a declaration of a second or subsequent dividend, it shall incorporate the figures of the preceding statement or statements under their respective headings.
BANKRUPTCY FORM No. 61.
List of Proofs sent to the Registrar by the Official Receiver under Rule 114.
(Title.)
A.-PROOFS ADMITTED.
No. |
Creditor |
Amount of Proof |
Admitted for |
Remarks |
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1 2 |
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£ |
s. |
p. |
£ |
s. |
p. |
Wholly Partly: see B, No. |
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2 |
Total |
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B.-PROOFS REJECTED.
No. |
Claimant |
Amount |
Rejected to extent of |
Remarks |
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1 2 |
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£ |
s. |
p. |
£ |
s. |
p. |
Wholly Partly: see A, No. |
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Total |
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I certify that the above is a true list of all proofs tendered to me in the above proceeding. The proofs themselves are attached hereto for the purpose of being filed.
Dated (Sign.)
Official Receiver.
BANKRUPTCY FORM No. 62.
Monthly List of Proofs received by Trustee (r. 115).
(Title.)
For the month of , 19
A.-PROOFS ADMITTED.
No |
Creditor |
Amount of Proof |
Admitted for |
Remarks |
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1 2 |
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£ |
s. |
p. |
£ |
s. |
p. |
Wholly Partly : see B, No. Notified on
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Total |
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B.-PROOFS REJECTED.
No |
Claimant |
Amount |
Rejected to extent of |
Remarks |
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1 2 |
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£ |
s. |
p. |
£ |
s. |
p. |
Wholly: notified on . Partly : see A, No. |
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Total |
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C.-PROOFS FOR FURTHER COSIDERATION.
No |
Claimant |
Amount |
Remarks |
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1 |
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£ |
s. |
p. |
Notified on to adduce further evidence, or as the case may be. |
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2 |
Total |
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I certify that the above is a true list of all proofs received by me during the month of , 19 The proofs shown under A and B above the attached hereto for the purpose of being filed.
1st of , 19 (sign.)
Trustee.
(Note.-A Nil return to the Registrar should be made where no proofs have been received.)
BANKRUPTCY FORM No. 63.
List of Proofs upon Declaration of Dividend (r. 116).
(Title.)
A.-PROOFS ON WHICH DIVIDEND IS PAYABLE AT THE RATE OF
No. |
Payee |
Admitted for |
Amount allocated |
Remarks |
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1 2 |
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£ |
s. |
p. |
£ |
s. |
p. |
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2 |
Total |
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B.-REJECTED PROOFS PENDING BEFORE THE COURT.
No. |
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Provisions under r. 121 (2) |
Amount claimed |
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Claimant |
For dividend |
Probable costs |
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1 2 |
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£ |
s. |
p. |
£ |
s. |
p. |
£ |
s. |
p. |
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Total |
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Notes.-No I rejected on ; applied to Court on ; notice of application received on ; fixed for hearing on
No. 2 (similar details).
C.-PROOFS EXCLUDED FROM PARTICIPATION IN THE DIVIDEND.
No. |
Claimant |
Amount |
Grounds of exclusion |
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1 2 |
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£ |
s. |
p. |
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Total |
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To the Official Receiver,
I certify that the sum of £ has been received by me and stands to the credit of the above estate at the bank appointed for the purpose, namely, the , at
The sum of £ is required to meet the dividends on the proofs included in list A above, and the sum of £ is required as provision on the proofs included in list B above, making a total of £
The dividend is payable on the day of ,19 , and notice of declaration was given to you for gazetting on the day 63. of ,19
I have to request that this list may be examined and certified by you if found correct, and that one certified copy may be returned to me with a view to my preparing orders for the payment of the amounts allocated as dividend in list A.
Dated (Sign.)
Trustee.
Found correct
Dated (Sign.)
Official Receiver.
(Note.-.In declaring a dividend due regard should be had to the provisions of section 60 of the Law).
BANKRUPTCY FORM No. 64.
Notice to Creditors of Intention to declare Dividend (r. 121 (1)).
(Title.)
A dividend is intended to be declared in the above matter. You are mentioned in the debtors 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 ,
(Sign.)
Trustee.
To X.Y. Address.
BANKRUPTCY FORM No. 65.
Notice to Persons claiming to be Creditors of Intention to declare Final
Dividend (s. 63 (1)).
(Title.)
Take notice that a final dividend is intended to be declared in the above matter, and that if you do not establish your claim to the satisfaction of the Court on or before the day of , 19 , or such lifter 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
(Sign.)
Trustee.
To X.Y. Address.
BANKRUPTCY FORM No. 66.
Notice to Creditors 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 debtors 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
Trustee under the Composition.
BANKRUPTCY FORM No. 67.
Notice of Dividend (r. 121 (3)).
(Title.)
(Please bring this Dividend Notice with you.)
Dividend of in the £
Dated Address.
Notice is hereby given that a dividend of in the £ 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 desire the dividend to be paid to some other person you can sign and lodge with the trustee an authority in the prescribed Bankruptcy Form No. 68, otherwise, if you do not attend personally you must fill up and sign the subjoined forms of receipt and authority when a Dividend Payable Order in your favour will be delivered in accordance with the authority.
(Sign.) G.H. Trustee.
Note.-On application for the dividend this notice must be produced entire, and the bills or other negotiable securities held by you must be produced.
Dividend Payable Orders are cancelled at the expiration of three months from date of issue, but will be re-issued free of charge on application within six months from date of issue.
A fee of 2s. 4½p. is chargeable on the re-issue of each Dividend Payable Order after six months from the date of issue, the fee being payable in stamps.
Receipt.
Received of the sum of pounds shillings and piasteres, being the amount payable to me/us in respect of the dividend of in the £ on my/our claim against this estate.
£
Creditors Signature.
Authority.
Sir,
Please deliver to me/us by post at my/our risk the bearer, Mr. , the Dividend Order for the dividend payable to me/us in this matter.
Dated
Creditors Signature.
To Witness to above signature.
BANKRUPTCY FORM No. 68.
Authority to Trustee to pay Dividends to another Person (see Bankruptcy
Form No. 67).
(Title.)
To
The Trustee,
I/We hereby authorize and request you to pay to Mr. of , all dividends as they are declared in the above-named matter, and which may become due and payable to me/us in respect of the proof of debt for the sum of £ , against the above estate made by me/us (or by , on my/our behalf).
And I/We further request that the Dividend Payable Orders issued in respect of such dividends may be made payable to the said Mr. whose receipt shall be sufficient authority to you for the issue of such Orders in his name.
It is understood that this authority is to remain in force until revoked by me/us in writing.
Dated Signature.
Witness
BANKRUPTCY FORM No. 69.
Certificate of Taxation (rr. 27 and 28).
(Title.)
I hereby certify that I have taxed the bill of costs (or charges, or expenses of Mr. C.D. (here state capacity in which employed or engaged) (where necessary add pursuant to a direction of the Court made on the day of , 19 ), and have allowed the same (in the case of advocates costs state whether on higher or lower scale) at the sum of pounds shillings and piastres (where necessary add which sum is to be paid to the said C.D. out of the estate or by as directed by the Court).
Dated this day of , 19
£. : . : . Registrar.
BANKRUPTCY FORM No. 70.
Trustees Monthly Account (s. 81 (1)).
(Title.)
For the month of , 19
Dr. |
Receipts. |
Payments. |
Cr. |
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Date |
1. Form 2. Form 3. Form |
£ |
s. |
p. |
Date |
1. To 2. To 3. To |
£ |
s. |
p. |
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1. Debt due to estate1. Taxed bill of costs
2. Proceeds of sale of2. Dividend declared on
3. And so on, as case may be3. And so on, as case may be.
Dated Trustee.
We have examined the trustees accounts for the month of 19 , with the vouchers and books and find the same correct and we are of opinion that the payments made were proper.
Dated
Committee of Inspection {
(Note.-The above form may also be used where the trustee carries on the business of the bankrupt under section 55(1) of the Law, being marked Trading Account. In such a case the trustee should also furnish the committee of inspection wherever such committee so requires and, in any event, at the end of the trading business, with a Profit and Loss Account in the following Bankruptcy Form No. 71).
BANKRUPTCY FORM No. 71.
Profit and Loss Account (Trading Account) (s. 55 (1) (a)).
(Title.)
Dr. |
Profit and Loss Account. |
Cr. |
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£ |
s. |
p. |
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£ |
s. |
p. |
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Stock in hand on .. |
Sales |
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Purchases |
Other receipts, if any Stock in hand on .. |
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Trade expenses, viz :- |
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Rent and Taxes |
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Wages |
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Miscellaneous |
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Balance being profit |
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Dated G.H., Trustee.
(Note.-This account to be submitted when the committee of inspection so require, and in any case at the end of the trading business carried on by the trustee).
BANKRUPTCY FORM No. 72.
Notice of Transfer of Separate Estate to Joint Estate for Gazette (s. 38 (4)
and r. 183).
(Title.)
Notice is hereby given that there being in the hands of Mr. of , the trustee in the above bankruptcy, a surplus estimated at £ arising from the separate estate of (name of separate partner), one of the bankrupts, and there being no separate creditors of such bankrupt, it is the intention of such trustee at the expiration of days from the appearance of this notice in the Gazette, to transfer such surplus to the credit of the joint estate in the said bankruptcy.
Dated (Sign)
Official Receiver.
BANKRUPTCY FORM No. 73.
Notices for Publication.
(Note.-These notices are to be published in the Gazette and, except in two cases, also in a local Greek and a local Turkish paper or, where no paper is published locally, the Court may direct the notice to be inserted in a paper published at Nicosia, (see r. 13 (4)). The two exceptions are the Notice of Intended Dividend and the Notice of Dividend.
The foregoing observations do not apply to cases of summary administration under section 103 of the Law. In such cases the notices are to be published in the Gazette only, unless the Court otherwise orders (see r. 143 (a)).
(1) General Heading of all Notices.
THE BANKRUPTCY LAW, Cap. 6.
(2) Appointment of Interim Receiver.
(Title.)
Debtors Name
Address
Description
Date of filing Petition
Date of Order appointing Interim Receiver
Whether Debtors or Creditors Petition
Official Receiver.
(3) Receiving Order.
Debtors Name
Address
Description
Date of filing Petition
Date of Receiving Order
Whether Debtors or Creditors Petition
Act or Acts of Bankruptcy proved in Creditors Petition
Official Receiver.
(4) Administration Order in case of Deceased Debtor.
(Title.)
Name of Deceased
Address
Description
Date of Death
Probate of will dated granted to X.Y. on
Letters of administration granted to X.Y. on
Date of filing petition
Date of Order for Administration in Bankruptcy
Official Receiver.
(5) First Meeting of Creditors and Public Examination of Debtor.
(Title.)
Debtors Name
Address
Description
Date of First Meeting and Hour
Place
Date of Public Examination and Hour
Place
Date of Order (if any) for Summary Administration
Official Receiver,
(6) Notice of Day appointed for proceeding with Public Examination
adjourned sine die.
(Title.)
Debtors Name
Address
Description
Date fixed for proceeding with Public Examination and Hour
Place
Official Receiver.
(7) Order on Application to approve Composition or Scheme.
(Title.)
Debtors Name
Address
Description
Date of Order
Nature of Scheme or Composition sanctioned or Order made
Official Receiver.
(8) Adjudication.
(Title.)
Debtors Name
Address
Description
Date of filing Petition
Date of Order of Adjudication
Official Receiver.
(9) Adjudication annulled.
(Title.)
Debtors Name
Address
Description
Date of Adjudication
Date of Annulment
Grounds of Annulment
Official Receiver.
(10) Application for Discharge.
(Title.)
Debtors Name
Address
Description
Day fixed for Hearing and Hour
Place
Official Receiver.
(11) Order made on Application for Discharge.
(Title.)
Debtors Name
Address
Description
Date of Order
Nature of Order made
Grounds named in Order for refusing an absolute Order of Discharge
Official Receiver,
(12) Appointment of trustee
(Title.)
Debtors Name
Address
Description
Name
TrusteeAddress
Description
Date of Certificate of Appointment
Official Receiver.
(13) Notice of Removal of Trustee.
(Title.)
Debtors Name
Address
Description
Name
TrusteeAddress
Description
Date of Removal
By Resolution of the Creditors
By Order of the Court on the ground that
Official Receiver.
(14) Notice of Release of Trustee.
(Title.)
Debtors Name
Address
Description
Name
TrusteeAddress
Description
Date of Release
Official Receiver.
(15) Notice of Intended Dividend.
(Title.)
Debtors Name
Address
Description
Last Day for receiving Proofs
TrusteeName
Address
Official Receiver.
(16) Notice of Dividend.
(Title.)
Debtors Name
Address
Description
Amount per £
First or Final or otherwise
When payable
Where payable
Official Receiver.
(17) Order amending or altering Order.
(Title.)
Debtors Name
Address
Description
Nature and Date of Order amended or altered
Date of amending or altering Order and Effect
Grounds of Amendment or Alteration
Official Receiver.
BANKRUPTCY FORM No. 74.
Memorandum of Gazetting or Advertisement (r. 13 (2)).
(Title.)
Name of Paper
Place of Publication
Date of Issue
Date of Receipt of Paper
Nature of Order, etc
Date A.B., Registrar.