Hong Kong Regulations
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]
BANKRUPTCY (FORMS) RULES - SCHEDULE SCHEDULE
Caution: This is a past version. See the current version here.
FORMS
INDEX
Form Accounts: Affidavit verifying trustee's account
........................................................... 146 Affidavit
verifying trustee's trading account
................................................ 149 Affidavit verifying
special manager's account ............................................. 151
Certificate by creditors' committee as to audit of trustee's account
............... 145 Profit and loss account
...........................................................................
... 148 Statement of accounts under section 88
...................................................... 150 Trustee's trading
account
.......................................................................... 147
Action: Order restraining before bankruptcy order
................................................... 24 Advertisement: Of day
for proceeding with public examination
............................................. 54 Of bankruptcy order, etc.
...........................................................................
27 Allocatur: For costs of debtor's petition
....................................................................... 144
Bankruptcy Order: Application to annul
...........................................................................
......... 79 Notice etc. (for local paper)
........................................................................ 27
Order annulling
...........................................................................
............... 80 Order on creditor's petition
......................................................................... 26
Order on debtor's petition
...........................................................................
25 Bond on stay of proceedings: Affidavit of justification
...........................................................................
... 21 Form
...........................................................................
.............................. 19 Notice of sureties
...........................................................................
............ 20 Book debts: Register of assignment of
...........................................................................
117 Committal: Affidavit in support of application for committal of bankrupt
under section 26 or 55
...........................................................................
............................
96 Affidavit of non-compliance with order of court
........................................... 104 Affidavit of trustee under
section 53(5) ....................................................... 97
Application by trustee for committal of bankrupt or other person
................... 94 Notice of application for committal under section 110
................................... 98 Notice of application for committal
under section 26 ..................................... 99 Notice of
application for committal under section 53(5)
................................. 100 Order of committal under section 110
.......................................................... 101 Order of
committal under section 26
............................................................ 102 Order of
committal under section 53(5)
....................................................... 103 Order for
discharge from custody on contempt
............................................ 106 Order for production of
person in prison for examination before the court ...... 107 Warrant of
committal for contempt
............................................................. 105 Debt:
Admission of debt
...........................................................................
........... 113 Order to pay debt
...........................................................................
............ 114 Deceased debtor: Petition by creditor (section 112)
................................................................ 134 Petition
by legal personal representative (section 112)
.................................. 135 Order for administration of estate on
petition ................................................ 136 Directions:
Application for by trustee
...........................................................................
131 Order on application by trustee
................................................................... 132
Discharge: Application by bankrupt under section 30A(7) of the
Bankruptcy Ordinance for lifting a suspension of the running of the relevant
period for discharge ....
85 Application for early discharge under section 30B(1) of the Bankruptcy
Ordinance
...........................................................................
....................
84 Certificate of discharge
...........................................................................
... 88 Certificate that order suspending discharge has been lifted
............................ 87 Notice of intention to object to bankrupt's
discharge under section 30A(4) of the Bankruptcy Ordinance
.......................................................................
82 Notice to creditors by trustee under section 30A(5) of the Bankruptcy
Ordinance
...........................................................................
.....................
83 Order of suspension of discharge under section 30A(3) of the Bankruptcy
Ordinance
...........................................................................
....................
81 Order of court lifting suspension of discharge
............................................... 86 Disclaimer: Notice of
disclaimer without leave of court
.................................................. 128 Notice of disclaimer
with leave of court .......................................................
129 Notice to landlord of intention to disclaim lease not sublet or mortgaged
......... 123 Notice of intention to disclaim lease sublet or mortgaged
............................... 124 Notice by landlord or other person
requiring trustee to bring disclaimer before court
...........................................................................
............................
130 Of lease after notice
...........................................................................
....... 126 Of lease with leave of court
........................................................................ 127
Without notice
...........................................................................
................ 125 Dividend: Application by creditor for order for trustee
to pay and order thereon ............ 142 Notice to creditors of intention to
declare ..................................................... 138 Notice to
persons claiming to be creditors of intention to declare final dividend
...........................................................................
.......................................
139 Notice of dividend
...........................................................................
........... 141 Examination: Shorthand writer, appointment of
................................................................. 55 Shorthand
writer, declaration by
.................................................................. 56 Summons
under section 29
......................................................................... 112
Gazetting and publication in newspaper: Substituted service of petition
...................................................................... 15
Transfer from separate estate to joint estate
................................................ 154 Interim receiver:
Application for order thereon
...................................................................... 13
Letters, etc.: Order for re-direction (section 28)
............................................................... 111 Meetings:
General meeting: Affidavit of postage of notices
.................................................................... 33
Certificate of postage of notices
.................................................................. 34 List of
creditors assembled at
..................................................................... 45
Memorandum of adjournment
..................................................................... 37
Memorandum of proceedings at adjourned general meeting: no quorum ......... 38
Notice to creditors of general meeting of creditors
....................................... 29 Notice to creditors of adjourned
meeting ..................................................... 32 Notice to
bankrupt to attend
........................................................................ 35
Other meetings: List of creditors assembled at
..................................................................... 45
Memorandum of adjournment
..................................................................... 37
Notice (general form)
...........................................................................
...... 40 Notice of, to appoint new trustee
................................................................. 44 Notice to
creditors of adjourned meeting
...................................................... 32 Notice to creditors
to remove trustee and to fill vacancy ............................... 43 Order
of court for general meeting of creditors
............................................ 39 Petition: Adjournment of
...........................................................................
............... 22 Affidavit of justification
...........................................................................
... 21 Affidavit of service
...........................................................................
......... 14 Affidavit of truth of statements in petition
.................................................... 11 Affidavit of truth of
statements in joint petition ............................................. 12
Allocatur for costs of debtor's petition
......................................................... 144 Bond on stay of
proceedings, security, etc. ..................................................
19 Creditor's bankruptcy petition on failure to comply with a statutory demand
for a liquidated sum payable immediately
........................................................
10 Creditor's bankruptcy petition on failure to comply with a statutory demand
for a liquidated sum payable at a future date
...................................................
10A Creditor's bankruptcy petition where execution or other process on a
judgment has been returned in whole or part
............................................................
10B Bankruptcy petition for default in connection with voluntary arrangement
...... 10C Creditor's petition (section 112)
................................................................... 134
Criminal bankruptcy petition
........................................................................ 10D
Debtor's bankruptcy petition
....................................................................... 3
Dismissal of
...........................................................................
.................... 23 Legal personal representative's petition (section 112)
.................................... 135 Notice by debtor of intention to
oppose ........................................................ 17 Notice of
sureties
...........................................................................
............ 20 Notice in newspaper of substituted service
.................................................. 15 Order for substituted
service
....................................................................... 16
Order to stay proceedings on
...................................................................... 18
Postage of notices: Affidavit of (general meeting)
..................................................................... 33
Certificate of (general meeting)
.................................................................. 34
Production of documents: Order under section 30D(1) of the
Bankruptcy Ordinance ............................ 157 Order under
section 30D(3) of the Bankruptcy Ordinance ............................ 158
Application for order under section 30D(3) of the Bankruptcy Ordinance ......
159 Application for order under section 30D(1) of the Bankruptcy Ordinance
...... 160 Proof: Affidavit of
...........................................................................
..................... 46B By trustee in prior bankruptcy
..................................................................... 47 Form
of ...........................................................................
.......................... 46A Form of, for debt of employees
................................................................... 48 Notice
of rejection
...........................................................................
.......... 49 Proxies: General
...........................................................................
.......................... 50 Special
...........................................................................
........................... 51 Public examination: Application by Official
Receiver 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 of adjournment
...........................................................................
...... 59 Order that examination concluded
............................................................... 63 Register:
Of assignment of book debts
....................................................................... 117
Release: Application by trustee for
...........................................................................
153 Notice to creditors of intention to apply for
.................................................. 152 Statement to accompany
application for release ........................................... 137
Request: To deliver bill for taxation
...........................................................................
143 Salary or income: Notice of application for income payment order (section
43E) ....................... 118 Order for income claimed under
section 43E(3)(a) of the Bankruptcy
Ordinance..................................................................
..............................
120 Order for income claimed under section 43E(3)(b) of the Bankruptcy
Ordinance
...........................................................................
....................
121 Shorthand writer: Appointment of
...........................................................................
............... 55 Declaration by
...........................................................................
................ 56 Special manager: Affidavit by
...........................................................................
.................... 151 Statement: Of affairs for a person who does not carry
on business ................................ 28A Of affairs for a person who
carries on business ........................................... 28B Statement
of Affairs (debtor's petition)
........................................................ 28C Of accounts under
section 88
...................................................................... 150 To
accompany application for release
.......................................................... 137 Statutory
Demand: Application to set aside a statutory demand
.................................................. 155 Order setting aside a
statutory demand ........................................................ 156
Affidavit in support of application to set aside statutory demand
.................... 161 Statutory Demand-Debt for liquidated sum payable
immediately following a judgment or order of the court
..................................................................
162 Statutory Demand-Debt for liquidated sum payable immediately
.................... 163 Statutory Demand-Debt payable at future date
............................................ 164 Subpoena: Summons under
section 29
......................................................................... 112
Taxation: Allocatur for costs of debtor's petition
......................................................... 144 Request to
deliver bill for
........................................................................... .
143 Title: General title
...........................................................................
.................... 1 Voluntary Arrangement: Affidavit in support of
application for interim order ....................................... 166
Application for interim order
....................................................................... 165
Alternative orders to be made at hearing to consider chairman's report
.......... 67 Interim order of court under section 20 of the
Bankruptcy Ordinance ............ 65 Interim order of court under section 20
of the Bankruptcy Ordinance- One-stage procedure
...........................................................................
.... 168 Notice to intended nominee
......................................................................... 167
Order granting stay pending hearing of application for interim order
............... 64 Order extending effect of interim order
....................................................... 66 Proxy (individual
voluntary arrangement) .....................................................
169 Warrant: Against debtor about to quit Hong Kong, etc.
............................................... 110 Of committal for contempt
.......................................................................... 105
Of seizure
...........................................................................
...................... 109 Order for production for examination of person
apprehended under warrant under section 29
...........................................................................
........... 116 Search warrant
...........................................................................
............... 108 To apprehended persons summoned under section 29
................................... 115 (L.N. 81 of 1998)
FORMS
FORM 1 [rule 7]
GENERAL TITLE
In the Court of First Instance 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]
(25 of 1998 s. 2)
___________________
FORM 2
(Repealed L.N. 81 of 1998)
___________________
FORM 3 [rule 50]
DEBTOR'S BANKRUPTCY PETITION
(Title.)
(a) Insert full name(s), address(es), occupation, trade or profession and
Hong Kong Identity Card No. (if any) or number and issuing country of
any passport of debtor.
(b) Insert in full any other name(s) by which the debtor is or has been
known.
(c) Insert former address or addresses at which the debtor may have
incurred debts or liabilities still unpaid or unsatisfied.
(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.
(e) Insert any former trading name(s) (adding "with another or others", if
this is so), business address(es) and nature of the business in
respect of which the debtor may have incurred debts or liabilities
still unpaid or unsatisfied.
(f) Delete as applicable. I, (a)
_________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________ ,
[also known as (b) _________________________________________
________________________________________________________
_______________________________________________________ ]
[and lately residing at (c) _____________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
[and carrying on business as (d) ________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
[and lately carrying on business as (e) ____________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
request the court that a bankruptcy order be made against me and say as
follows-
1. I am domiciled in Hong Kong/personally present in Hong Kong on the date of
presentation of this petition/have within 3 years immediately preceding the
presentation of this petition (f) [resided at] [carried on business at]
______________________________________________________
within Hong Kong.
2. I am unable to pay my debts.
3. A statement of my affairs is filed with this petition.
Dated this day of , 19 .
Signature of witness. ______________________________
Complete only if petition not heard immediately. ENDORSEMENT
This petition having been presented to the court on _______________ ,
it is ordered that the petition shall be heard as follows-
Date ____________________________________________________
Time ______________________________ hours
Place ____________________________________________________
Registrar. (L.N. 81 of 1998)
___________________
FORM 4-9
(Repealed L.N. 81 of 1998)
___________________
FORM 10 [rule 50]
CREDITOR'S BANKRUPTCY PETITION ON FAILURE TO COMPLY WITH A STATUTORY DEMAND
FOR A LIQUIDATED SUM PAYABLE IMMEDIATELY
(Title.)
(a) Insert full name(s) and address(es) of petitioner(s).
(b) Insert full name, place of residence, occupation (if any), Hong Kong
Identity Card No. (if any) or number and issuing country of any
passport of debtor. (If known).
(c) Insert in full any other name(s) by which the debtor is or has been
known.
(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.
(e) Insert any other address or addresses at which the debtor has resided
at or after the time the petition debt was incurred.
(f) Give the same details as specified in note (d) above for any other
businesses which have been carried on at or after the time the
petition debt was incurred.
(g) Delete as applicable.
(h) Please give the amount of debt(s), what they relate to and when they
were incurred. Please show separately the amount or rate of any
interest or other charge not previously notified to the debtor and the
reasons why you are claiming it.
(i) Insert date of service of a statutory demand.
(j) State manner of service of the demand.
(k) If 3 weeks have not elapsed since service of statutory demand give
reasons for earlier presentation of petition.
(l) Delete as applicable.
(m) Insert name of debtor. I/We, (a)
_____________________________________________
________________________________________________________
________________________________________________________ ,
petition the court that a bankruptcy order may be made against (b) _______
________________________________________________________
________________________________________________________
[also known as (c) __________________________________________
________________________________________________________
_______________________________________________________ ]
[and carrying on business as (d) ________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
[and lately residing at (e) _____________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
[and lately carrying on business as (f) ____________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
and say as follows-
1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the
date of presentation of this petition/has within 3 years immediately preceding
the presentation of this petition (g) [resided at] [carried on business at]
_____________________________________________
________________________________________________________
within Hong Kong.
2. The debtor is justly and truly indebted to me [us] in the aggregate sum of
$(h) _____________ .
3. The above-mentioned debt is for a liquidated sum payable immediately and
the debtor appears to be unable to pay it.
4. On (i) __________________ a statutory demand was served upon the debtor by
(j) __________________ in respect of the above-mentioned debt. To the best of
my/our knowledge and belief the demand has neither been complied with nor set
aside in accordance with the Rules and no application to set it aside is
outstanding.
(k)
5. I/We do not, nor does any person on my/our behalf, hold any security on the
debtor's estate, or any part thereof, for the payment of the above-mentioned
sum.
or,
I/We hold security for the payment of (l) [part of] the above-mentioned sum.
I/We will give up such security for the benefit of all the creditors in the
event of a bankruptcy order being made.
or,
I/We hold security for the payment of part of the above-mentioned sum and
I/we estimate the value of such security to be $ . This
petition is not made in respect of the secured part of my/our debt.
ENDORSEMENT
This petition having been presented to the court on _______________ , it is
ordered that the petition shall be heard as follows-
Date ____________________________________________________
Time __________________________ hours
Place ____________________________________________________
and you, the above-named (m) ___________________________ are to take notice
that if you intend to show cause against the petition you must file with the
Official Receiver a notice showing the grounds upon which you intend to show
cause, and post a copy of the notice to the petitioner or his solicitor, in
each case 3 days before the day on which the petition is to be heard.
Registrar. (L.N. 81 of 1998)
___________________
FORM 10A [rule 50]
CREDITOR'S BANKRUPTCY PETITION ON FAILURE TO COMPLY WITH A STATUTORY DEMAND
FOR A
LIQUIDATED SUM PAYABLE AT A FUTURE DATE
(Title.)
(a) Insert full name(s) and address(es) of petitioner(s).
(b) Insert full name, place of residence, occupation (if any), Hong Kong
Identity Card No. (if any) or number and issuing country of any
passport of debtor. (If known).
(c) Insert in full any other name(s) by which the debtor is or has been
known.
(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.
(e) Insert any other address or addresses at which the debtor has resided
at or after the time the petition debt was incurred.
(f) Give the same details as specified in note (d) above for any other
businesses which have been carried on at or after the time the
petition debt was incurred.
(g) Delete as applicable.
(h) Please give the amount of debt(s), what they relate to and when they
were incurred. Please show separately the amount or rate of any
interest or other charge not previously notified to the debtor and the
reasons why you are claiming it.
(i) Insert date or dates when the debt becomes payable.
(j) Insert date of service of statutory demand.
(k) State manner of service of the demand.
(l) If 3 weeks have not elapsed since service of statutory demand give
reasons for earlier presentation of petition.
(m) Delete as applicable.
(n) Insert name of debtor. I/We, (a)
____________________________________________
______________________________________________________
______________________________________________________ ,
petition the court that a bankruptcy order may be made against (b) _____
______________________________________________________
______________________________________________________
[also known as (c)_________________________________________
______________________________________________________
______________________________________________________ ]
[and carrying on business as (d) _______________________________
______________________________________________________
_______________________________________________________
_______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately residing at (e)____________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately carrying on business as (f) __________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
and say as follows-
1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the
date of presentation of this petition/has within 3 years immediately preceding
the presentation of this petition (g) [resided at] [carried on business at]
_____________________________________
_________________________________________________________ within Hong Kong.
2. The debtor is justly and truly indebted to me [us] in the aggregate sum of
$(h) ___________ .
3. The above-mentioned debt is for a liquidated sum payable on (i)
__________________ and the debtor appears to have no reasonable prospect of
being able to pay it.
4. On (j) ____________ a statutory demand was served upon the debtor by
(k) _____________________________ in respect of the above-mentioned debt.
To the best of my/our knowledge and belief the demand has neither been
complied with nor set aside in accordance with the Rules and no
application to set it aside is outstanding.
(l)
5. I/We do not, nor does any person on my/our behalf, hold any security on the
debtor's estate, or any part thereof, for the payment of the above-mentioned
sum.
or,
I/We hold security for the payment of (m) [part of] the above-mentioned sum.
I/We will give up such security for the benefit of all the creditors in the
event of a bankruptcy order being made.
or,
I/We hold security for the payment of part of the above-mentioned sum and
I/We estimate the value of such security to be $ . This
petition is not made in respect of the secured part of my/our debt.
ENDORSEMENT
This petition having been presented to the court on ______________ , it is
ordered that the petition shall be heard as follows-
Date __________________________________________________
Time __________________________ hours
Place __________________________________________________
and you, the above-named (n) ________________ are to take notice that if you
intend to show cause against the petition you must file with the Official
Receiver a notice showing the grounds upon which you intend to show cause, and
post a copy of the notice to the petitioner or his solicitor, in each case 3
days before the day on which the petition is to be heard.
Registrar. (L.N. 81 of 1998)
___________________
FORM 10B [rule 50]
CREDITOR'S BANKRUPTCY PETITION WHERE EXECUTION OR OTHER PROCESS ON A JUDGMENT
HAS BEEN RETURNED IN WHOLE OR PART
(Title.)
(a) Insert full name(s) and address(es) of petitioner(s).
(b) Insert full name, place of residence, occupation (if any), Hong Kong
Identity Card No. (if any) or number and issuing country of any
passport of debtor. (If known).
(c) Insert in full any other name(s) by which the debtor is or has been
known.
(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.
(e) Insert any other address or addresses at which the debtor has resided
at or after the time the petition debt was incurred.
(f) Give the same details as specified in note (d) above for any other
businesses which have been carried on at or after the time the
petition debt was incurred.
(g) Delete as applicable.
(h) Please give the amount of debt(s), what they relate to and when they
were incurred. Please show separately the amount or rate of any
interest or other charge not previously notified to the debtor and the
reasons why you are claiming it.
(i) Insert date on which judgment was obtained.
(j) Insert date of execution.
(k) Insert name of debtor.
I/We, (a) ____________________________________________
______________________________________________________ ,
petition the court that a bankruptcy order may be made against (b) _____
______________________________________________________
______________________________________________________
[also known as (c)_________________________________________
______________________________________________________
______________________________________________________ ]
[and carrying on business as (d) _______________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately residing at (e) ____________________________________
_______________________________________________________
______________________________________________________
_______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately carrying on business as (f) __________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
and say as follows-
1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the
date of presentation of this petition/has within 3 years immediately preceding
the presentation of this petition (g) [resided at] [carried on business at]
_____________________________________
_______________________________________________________ within Hong Kong.
2. The debtor is justly and truly indebted to me[us] in the aggregate sum of
$(h) __________ .
3. The above mentioned debt is for a liquidated sum payable immediately and
the debtor appears to be unable to pay it.
4. On (i) _________________________ judgment was obtained in
___________________ Court on an action the short title and reference to the
record whereof is Number __________ in the sum of $ __________ following which
execution was issued in the ___________ court in respect of the debt and on
(j) _____________________ the bailiff [made a return] [endorsed upon the writ
a statement] to the effect that the execution was unsatisfied (g) [as to the
whole] [as to part] and the above-mentioned debt represents the amount by
which the execution was returned unsatisfied.
5. I/We do not, nor does any person on my/our behalf, hold any security on the
debtor's estate, or any part thereof, for the payment of the above-mentioned
sum.
or,
I/We hold security for the payment of (g) [part of] the above-mentioned sum.
I/We will give up such security for the benefit of all the creditors in the
event of a bankruptcy order being made.
or,
I/We hold security for the payment of part of the above-mentioned sum and
I/We estimate the value of such security to be $ . This
petition is not made in respect of the secured part of my/our debt.
ENDORSEMENT
This petition having been presented to the court on .______________ , it is
ordered that the petition shall be heard as follows-
Date __________________________________________________
Time ___________________________ hours
Place _________________________________________________
and you, the above-named (k) ________________ are to take notice that if you
intend to show cause against the petition you must file with the Official
Receiver a notice showing the grounds upon which you intend to show cause, and
post a copy of the notice to the petitioner or his solicitor, in each case 3
days before the day on which the petition is to be heard.
Registrar. (L.N. 81 of 1998)
___________________
FORM 10C [rule 50]
BANKRUPTCY PETITION FOR DEFAUT IN CONNECTION WITH VOLUNTARY ARRANGEMENT
(Title.)
(a) Insert full name(s) and address(es) of petitioner(s).
(b) Insert full name, place of residence, occupation (if any), Hong Kong
Identity Card No. (if any) or number and issuing country of any
passport of debtor (If known).
(c) Insert in full any other name(s) by which the debtor is or has been
known.
(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.
(e) Insert any other address or addresses at which the debtor has resided
at or after the time the petition debt was incurred.
(f) Give the same details as specified in note (d) above for any other
businesses which have been carried on at or after the time the
petition debt was incurred.
(g) Delete as applicable.
(h) Insert date the debtor entered into voluntary arrangement.
(i) Insert name of nominee.
(j) Give details of the default in connection with the voluntary
arrangement, being the grounds under section 20L of the Bankruptcy
Ordinance (Chapter 6) upon which the bankruptcy order is sought. I/We,
(a) ____________________________________________
______________________________________________________
______________________________________________________ ,
petition the court that a bankruptcy order may be made against (b) _____
______________________________________________________
______________________________________________________
[also known as (c) ________________________________________
______________________________________________________
______________________________________________________ ]
[and carrying on business as (d) _______________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ] [and lately residing
at (e) ____________________________________
______________________________________________________
_______________________________________________________
______________________________________________________
______________________________________________________ ] [and lately carrying
on business as (f) __________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ] and say-
1. That the debtor has within 3 years immediately preceding the presentation
of this petition (g) [resided at] [carried on business at] ______
_______________________________________________________ within Hong Kong.
2. On (h) ______________ a voluntary arrangement proposed by the debtor was
approved by his creditors and I am (g) [a person who is for the time being
bound by the said voluntary arrangement and (i) _________ is the nominee] [(i)
__________________ the nominee of the said voluntary arrangement].
3. (j)
Dated this day of , 19 .
Signature of witness. _______________________
ENDORSEMENT
This petition having been presented to the court on ____________ , it is
ordered that the petition shall be heard as follows-
Date __________________________________________________ Time
___________________________ hours Place
__________________________________________________
Registrar. (L.N. 81 of 1998)
___________________
FORM 10D [section 9; rule 56]
CRIMINAL BANKRUPTCY PETITION
In the Court of First Instance. In Bankruptcy. (Title.)
(a) Insert name and Hong Kong Identity Card No. or number and issuing
country of any passport of debtor. b) Insert present address and
description of debtor.
(c) Insert address or addresses at which the debtor has lately resided or
carried on business.
*Where it is the Official Petitioner who is the petitioner, this attestation
is not required. I, the Official Petitioner [or, I C.D.,
of ] [or, We, C.D., of and E.F., of ],
hereby petition the court that a bankruptcy order may be made in respect
of the estate of A.B.(a) of (b) and lately
residing at [or carrying on business at (c) ] and say-
1. That a criminal bankruptcy order was made against the said A.B. in
the Court on the day of ,19 , and that an
office copy of the said order is annexed to this petition.
2. That the said order remains in force.
or,
That the said order was amended by the Court of Appeal on the
day of 19 ; that an office copy of the order of the
Court of Appeal is annexed to this petition; and that the said order as
amended by the Court of Appeal remains in force.
3. That according to the said criminal bankruptcy order the said A.B. is
indebted to [insert the names of the persons specified in the order as having
suffered loss or damage] in the aggregate sum of $ [set out the amount of the
loss or damage suffered as specified in the criminal bankruptcy order].
Date this day of ,19
(Signed) Official Petitioner
C.D.
E.F.
(as the case may be).
[Signed by the petitioner*
in my presence.]
Signature of witness.
Address.
Description.
___________________________________________________________
NOTE.-If there be more than one petitioner, and they do not sign together, the
signature of each must be separately attested, e.g., "Signed be the petitioner
E.F. in my presence". If the petition is signed by a firm, the partner signing
should add also his own signature, e.g., "A.S. & Co. by J.S., a partner in the
said firm."
___________________
ENDORSEMENT
This petition having been presented to the court on the day
of , 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 Registrar of this Court a notice
specifying the statements which you intend to deny or dispute, and send by
post a copy of the notice to the petitioner and his solicitor, if known, not
later than 3 days before the day fixed for the hearing.
(L.N. 153 of 1979; L.N. 81 of 1998; 25 of 1998 s. 2)
___________________
FORM 11 [section 9; rule 56]
AFFIDAVIT OF TRUTH OF STATEMENTS IN PETITION
(Title.)
I, the petitioner named in the petition hereunto annexed make oath and
say-
That the several statements in the said petition are within my own knowledge
true.
Sworn at, etc.
(Signature)
___________________________________________________________________ NOTE-If
the petitioner cannot depose that the truth of all the several statements in
the petition is within his own knowledge he must set forth the statements the
truth of which he can depose to and file a further affidavit by some person or
persons who can depose to the truth of the remaining statements.
___________________
FORM 12 [section 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 A.B. has within 3 years before the date of the presentation of the
petition ordinarily resided [or carried on business] at
And I the said E.F. for myself say-
3. That A.B. is justly and truly indebted to me in the sum of $ as
stated in the said before-mentioned petition.
And I the said G.H. for myself say-
4. That A.B., is, etc.
C.D.
E.F.
G.H.
Sworn by the deponents C.D., E.F., and G.H., etc.
(See note to last form.) (L.N. 81 of 1998)
___________________
FORM 13 [section 13; rule 61]
APPLICATION FOR INTERIM RECEIVER
(Title.)
I, C.D., of, , do, on the grounds set forth in the annexed affidavit,
apply to the court to appoint the Official Receiver as interim 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. (G.N.A. 124 of 1955)
___________________
FORM 14 [rule 59]
AFFIDAVIT OF SERVICE OF PETITION
(Title.)
In the matter of a petition dated
I, L.M., of , make oath and say-
1. That I did, on day the day of , 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.
___________________________________________________________________
*NOTE-If the service is effected on a person having at the time of service the
control and management of the partnership business, the affidavit must, after
the description of the place of service, contain the words
"being the principal place of business of the said "
___________________
FORM 15 [rule 48]
SUBSTITUTED SERVICE OF PETITION
NOTICE IN NEWSPAPER
(Title.)
(a) Add this in case of petition. In the matter of a bankruptcy petition
filed the day of , 19 . .
Take notice that a bankruptcy petition has been presented against you
by of and the court has ordered that the sending of a sealed copy
of the petition together with a sealed copy of the order for substituted
service by registered post addressed to and/or the publication of
this notice in the newspapers shall be deemed to be service of the
petition upon you; (a) and further take notice that the said petition will
be heard at the court on the day of at o'clock in the noon, on
which day you are required to appear, and if you do not appear the court may
make a bankruptcy order against you in your absence.
The petition may be inspected by you on application at the court.
Dated this day of , 19 .
Registrar.
To A.B.
(L.N. 81 of 1998)
___________________
FORM 16 [rule 48]
ORDER FOR SUBSTITUTED SERVICE OF A PETITION
(Title.)
In the matter of a bankruptcy petition filed the day of .
Upon the application of and upon reading the affidavit of of in
the of .
It is ordered that the sending of a sealed copy of the above-mentioned
petition together with a sealed copy of this order by registered post
addressed to at and/or by publication in the newspapers of
the presentation of such petition and the time and place fixed for hearing the
petition shall be deemed to be good and sufficient service of the said
petition on the said on the day of completing such posting or
publication as aforesaid.
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
___________________
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.]
I, the above A.B., do hereby give you notice that I intend to show cause
against the petition and that I intend to dispute the petitioning
creditor's debt [or to contend that , or as the case may be.]
Dated this day of , 19 .
To the Official Receiver, and to C.D. [petitioning creditor]. (L.N. 81 of
1998)
___________________
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 o the
petitioner in a sum of a less amount than $10000, or alleging that he is
indebted to C.D., one of the petitioners, in a sum less than the sum stated to
be due from him in the petition] it is ordered that the said A.B. shall within
days enter into a bond in the penal sum of [ the amount of the alleged debt
and probable costs, or such other sum as the court may direct] with such 2
sufficient sureties as the court shall approve to pay [or deposit with the
Official Receiver the sum of as security for the payment of] such sum or sums
as shall be recovered against the said A.B. by C.D. the petitioner [or one of
the petitioners] in any proceeding taken or continued by him against the said
A.B., together with such costs as shall be given by the court.
And it is further ordered that, upon the said A.B. entering into the bond
aforesaid, all proceedings on this petition shall be stayed until after the
court shall have come to a decision on the proceedings.
Dated this day of , 19 .
Registrar. (G.N.A. 124 of 1955; L.N. 81 of 1998)
___________________
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, sealed and delivered by the above-bounden in
the presence of
___________________________________________________________________ NOTE-If a
deposit of money be made the memorandum should follow the terms of the
conditions of the bond. This form may be adapted to other cases.
___________________
FORM 20 [rule 18]
NOTICE OF SURETIES
(Title.)
In the matter of a bankruptcy petition of
Take notice that the sureties whom I propose as my security in the above
matter [here state the proceeding which has rendered the sureties necessary]
are [here state the full names and descriptions of the sureties and their
residences for the last 6 months, therein mentioning the district or city,
places, streets and numbers, if any].
Dated this day of , 19 .
(Signature)
To the Registrar and to L.M. of (L.N. 81 of 1998)
___________________
FORM 21 [rule 19]
AFFIDAVIT OF JUSTIFICATION
(Title.)
In the matter of a bankruptcy petition against A.B. of .
I, E.F., of , one of the sureties for make oath and say-
1. That I am a householder [or as the case may be], residing [describing
particularly the street or place and the number of the house, if any].
2. That I am worth property to the amount of $ [the amount required]
over and above what will pay my just debts [if security in any other action or
for any other purpose, add and every other sum for which I am now security].
3. That I am not bail or security in any other matter, action or proceedings,
or for any other person [or if security in any other action or actions, add
except for C.D., at the suit of E.F., in the Court of
First Instance in the sum of $ ; for G.H., at the suit of I.K., in the
Court of First Instance in the sum of $ specifying the several actions
or matters, and courts, and the sums in which he has become bound).
4. That my property, to the amount of the said sum of $ [and if
security in any other action, etc. over and above all other sums for which I
am now security as aforesaid], consists of [here specify the nature and value
of the property in respect of which the deponent proposes to become bondsman
as follows, stock in trade, in my business of carried on by me
at of the value of $ of good book debts owing to me to the amount of
$ , of furniture in my house at of the value of $ , of
leasehold property of the value of $ , situate at ., or of
other property, particularizing each description of property, with the value
thereof].
5. That I have for the last 6 months resided at [describing the
place of such residence, or if he has had more than one residence during that
period, state in the same manner as above directed].
Sworn at, etc.
E.F. (G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2)
___________________
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 [and 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 BANKRUPTCY ORDER
(Title.)
Upon the application of and upon reading it is ordered that L.M. of
shall be restrained from taking any further proceedings in the action brought
by him [or upon the judgment recovered or obtained by him] against the said
A.B. in [here state the number of the action] [or it is ordered that the
proceedings in the action (or suit) brought by him against the said A.B. in
(here state the number of the action) may be proceeded with on (here insert
the terms fixed by the court)].
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
___________________
FORM 25 [section 5; rules 69, 75]
BANKRUPTCY ORDER ON DEBTOR'S PETITION
(Title.)
On the petition of the debtor himself, filed the day of , 19 , ,
a bankruptcy order is hereby made against A.B. [insert name, addresses and
descriptions of debtor as set out in petition], and the Official Receiver is
hereby constituted receiver of the estate of the said debtor.
Dated this day of , 19 .
Registrar. ___________________________________________________________________
NOTE-The above-named debtor is required immediately after the service of this
order upon 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 (if any) to the debtor are [insert name
and address]. (L.N. 46 of 1964; L.N. 81 of 1998)
___________________
FORM 26 [section 5; rules 69, 75]
BANKRUPTCY ORDER ON CREDITOR'S PETITION
(Title.)
On the petition dated the day of , 19 of J.S., of a creditor,
filed the [insert date], and on reading and hearing
It is ordered that A.B. [insert name, addresses and descriptions of debtor as
set out in petition] be adjudged bankrupt and the Official Receiver is hereby
constituted receiver of the estate of the said debtor.
Dated this day of , 19 .
Registrar. ___________________________________________________________________
NOTE.-The above-named debtor is required, immediately after the service of
this order upon 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]. (G.N.A. 124 of 1955; L.N. 81 of 1998)
___________________
FORM 27 [sections 22(2), 78(1)(f); rule 78]
NOTICE OF BANKRUPTCY ORDER, ETC. (for local newspaper)
(Title.)
Bankruptcy order made
...........................................................................
.........................
Note.-All debts due to the estate should be paid to me.
Official Receiver.
Dated this day of , 19 .
(L.N. 81 of 1998)
___________________
FORM 28
(Repealed L.N. 22 of 1995)
___________________
FORM 28A Page 1
IN THE COURT OF FIRST INSTANCE OF HONG KONG IN BANKRUPTCY
NO. of 19 .
(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address.
(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address Name: _______________________________________
STATEMENT OF AFFAIRS
(Individual, i.e. non-trading)
Please show your financial position as at the date of the Bankruptcy Order by
completing all the pages of this form and the attached lists, A, B and C as
are applicable, which will then be your Statement of Affairs. You are also
required to specify in the relevant list whether or not there is a dispute
about any amount due to or by you and, if so, to supply details in a separate
sheet which should be signed and attached as part of your Statement of
Affairs.
___________________________________________________________
AFFIDAVIT OR AFFIRMATION (you need to complete either the affidavit at
(i) below or the affirmation at (ii) overleaf, but not both.)
(i) Affidavit
This Affidavit must be sworn before a Solicitor or Commissioner of Oaths or an
officer of the court duly authorised to administer oaths when you have
completed the rest of this form
I (a) _______________________________________________________
___________________________________________________________
of (b) ______________________________________________________
___________________________________________________________
Make oath and say that the attached lists exhibited hereto and marked _______
are to the best of my knowledge and belief a full, true and complete statement
of my affairs as at ______________________________ the date of the Bankruptcy
Order made against me.
Sworn at ____________________
Date _______________________ Signature __________________
Before me ____________________
___________________________________________________________
A Solicitor or Commissioner of Oaths or Duly authorised officer
Before swearing the affidavit the Solicitor or Commissioner is particularly
requested to make sure that the full name, address and description of the
Deponent are stated, and to initial any crossings-out or other alterations in
the printed form. A deficiency in the affidavit in any of the above respects
will mean that it is refused by the court, and will need to be re-sworn.
(Please see overleaf for the Affirmation)
Page 2
(ii) Affirmation
This Affirmation must be made before a Solicitor or Commissioner of Oaths or
an officer of the court duly authorised to administer oaths when you have
completed the rest of this form
I (a) _______________________________________________________
___________________________________________________________
of (b) ______________________________________________________
___________________________________________________________
Solemnly and sincerely affirm that the attached lists exhibited hereto and
marked ___________________ are to the best of my knowledge and belief a full,
true and complete statement of my affairs as at __________________ the date of
the Bankruptcy Order made against me.
Affirmed at ___________________
Date ________________________ Signature __________________
Before me ____________________
___________________________________________________________
A Solicitor or Commissioner of Oaths or Duly authorised officer
Before making the affirmation the Solicitor or Commissioner is particularly
requested to make sure that the full name, address and description of the
Deponent are stated, and to initial any crossings-out or other alterations in
the printed form. A deficiency in the affirmation in any of the above respects
will mean that it is refused by the court, and will need to be re-affirmed.
SUMMARY OF STATEMENT OF AFFAIRS List Reference Particulars Amount
$
ASSETS A (1) Various assets B (2) Excess value of assets pledged as security
to creditors fully secured
(3) Total Assets, i.e. total of items (1) and (2) above
LIABILITIES B (4) Secured creditors (net of security)-i.e. after deducting the
amount of the security C (5) Unsecured creditors
(6) Total Liabilities, i.e. total of items (4) and (5) above
(7) Surplus/(Deficiency), i.e. total assets in item (3) less total
liabilities as in item (6) $
_________
Signature _________________________ Date _____________________
LIST A
VARIOUS ASSETS Please detail all your assets which may be of value (if
necessary, use the space in section (j) below to provide details in respect of
any of the items at (a) to (i) below; and/or attach additional sheet(s) if the
space in section (j) is not adequate; and complete item (k) below). Estimated
to produce
$
(a) Cash at bank ______________________________________
(specify the name of the bank(s) and all account numbers) _______________
(b) Land and buildings ____________________ Cost $ ________
(location and address) _______________
(c) Household furniture and belongings ______________________
(d) Life assurance policies _______________________________
(policy number(s) and insurance companies) _______________
_______________
(e) Money owed to you _________________________________
(please provide name and address of debtor and nature of debt) _______________
(f) Investments in stocks and shares _____________ Cost $ ____
(please provide details) _______________
(g) Motor vehicles ________________________ Cost $ _______
(please provide details) _______________
(h) Sums due to you from the estate of a deceased person _______
(please provide details) _______________
(i) Any other assets ____________________________________
_______________
(j) Supplementary Information (specify here also, if applicable, the
particulars of any property held by or in the name of
*husband/*wife/*concubine) or under any alias or in a t'ong name or in trust
for you) ________________________________________________
_______________ ________________________________________________
_______________ ________________________________________________
_______________ ________________________________________________
_______________ ________________________________________________
_______________ ________________________________________________
_______________ ________________________________________________
_______________ ________________________________________________
_______________ ________________________________________________ Show the
total under "Assets", item (1) in the Summary of Statement of
Affairs $
(k) *_________ additional sheets are attached/No additional sheets
(specify no.) are attached.*
Signature ______________________ Date ______________________
(*delete the inapplicable words)
LIST B
SECURED CREDITORS (either fully or partly secured) /EXCESS VALUE OF ASSETS
PLEDGED AS SECURITY TO CREDITORS
Yes No
Does any creditor of yours hold or claim any item(s) of your property? □ □
If 'YES' give details below: _________________________________________︳ ｜
｜
(i)
No. (ii)
Name of creditor or claimant (iii)
Address (iv)
Amount owed to creditor (v)
Specify the asset being held or claimed or pledged as security (vi)
Date when security given (vii)
Estimated
when of the asset in column (v)
$ (viii)
Estimated excess i.e. (vii) less (iv)
$ (ix)
Net
indebted-ness i.e. (iv) ;less (vii)
$ 1. ............... ............. ............ ................ ............
............... .............. .............. 2. ............... .............
............ ................ ............ ............... ..............
.............. 3. ............... ............. ............ ................
............ ............... .............. .............. 4. ...............
............. ............ ................ ............ ...............
.............. .............. 5. ............... ............. ............
................ ............ ............... .............. .............. 6.
............... ............. ............ ................ ............
............... .............. .............. 7. ............... .............
............ ................ ............ ............... ..............
.............. 8. ............... ............. ............ ................
............ ............... .............. .............. 9. ...............
............. ............ ................ ............ ...............
.............. .............. 10. ............... ............. ............
................ ............ ............... .............. ..............
11. ............... ............. ............ ................ ............
............... .............. .............. 12. ...............
............. ............ ................ ............ ...............
.............. .............. 13. ............... ............. ............
................ ............ ............... .............. ..............
14. ............... ............. ............ ................ ............
............... .............. .............. 15. ...............
............. ............ ................ ............ ...............
.............. ..............
Show the total of column (viii) under "Assets", item (2) in the Summary of
Statement of Affairs $ $
Show the total of column (ix) under "Liabilities", item (4) in the Summary
of Statement of Affairs $
Signature _______________________ Date __________________
LIST C
UNSECURED CREDITORS
(i)
No. (ii)
Name of creditor
or claimant (iii)
Address (iv)
Amount the
creditor
claims you
owe him/her
$ (v)
Amount you consider as
owed to the creditor
$ 1. .............................. ....................................
........................... ...................... 2.
.............................. ....................................
........................... ...................... 3.
.............................. ....................................
........................... ...................... 4.
.............................. ....................................
........................... ...................... 5.
.............................. ....................................
........................... ...................... 6.
.............................. ....................................
........................... ...................... 7.
.............................. ....................................
........................... ...................... 8.
.............................. ....................................
........................... ...................... 9.
.............................. ....................................
........................... ...................... 10.
.............................. ....................................
........................... ...................... 11.
.............................. ....................................
........................... ...................... 12.
.............................. ....................................
........................... ...................... 13.
.............................. ....................................
........................... ...................... 14.
.............................. ....................................
........................... ...................... 15.
.............................. ....................................
........................... ......................
Show the total of column (v) under "Liabilities", item (5) in the Summary of
Statement of Affairs
Signature _______________________ Date _____________________
(L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2)
___________________
FORM 28B Page 1
IN THE COURT OF FIRST INSTANCE OF HONG KONG IN BANKRUPTCY
No. of 19 .
Full Name :__________________________ Hong Kong Identity Card No.
:__________________________ Trading as :__________________________
STATEMENT OF AFFAIRS
Please complete this Statement of Affairs and such of the attached lists A, B,
C, D and E as are applicable in order to show the state of your affairs on the
day on which the Bankruptcy Order was made against you, viz., the .__________.
day of .______________., 19._____ You are also required to specify in the
relevant list whether or not there is a dispute about any amount due to or by
you and, if so, to supply details in a separate schedule which should be
signed and attached as part of your Statement of Affairs. Such completed
schedules will constitute your Statement of Affairs, and must be verified by
oath, declaration or affirmation (please see note below). List Reference
Particulars Amount
$
ASSETS A (1) Various assets B (2) Debts receivable C (3) Excess value of
assets pledged as security to creditors fully secured
(4) Total Assets, i.e. total of items (1) to (3) above
LIABILITIES D (5) Claims and amounts due to employees and Government
departments C (6) Secured creditors (net of security)-i.e. after deducting the
amount of the security E (7) Unsecured creditors and other liabilities
(including contingent liabilities)
(8) Total Liabilities, i.e. total of items (5) to (7) above
(9) Surplus/(Deficiency), i.e. total assets as in item (4) less total
liabilities as in item (8) above $
___________
Continued Overleaf/....
Page 2
AFFIDAVIT OR AFFIRMATION-(The format is set out below and you need to complete
either the affidavit at (i) or the affirmation at (ii), but not both.)
Before swearing the affidavit or making the affirmation, the Solicitor or
Commissioner is particularly requested to make sure that the full name,
address and description of the Deponent are stated, and to initial any
crossings-out or other alterations in the printed form. A deficiency in the
affidavit/affirmation in any of the above respects will mean that it is
refused by the court, and will need to be re-sworn.
(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address (i) Affidavit
This Affidavit must be sworn before a Solicitor or Commissioner of Oaths or an
officer of the court duly authorised to administer oaths when you have
completed the rest of this form
I (a) ___________________________________________________
______________________________________________________
of (b) __________________________________________________
______________________________________________________
Make oath and say that the foregoing Statement and attached lists exhibited
hereto and marked _____________ are to the best of my knowledge and belief a
full, true and complete statement of my affairs as at ____________ the date of
the Bankruptcy Order made against me.
Sworn at _________________.
Date ____________________ Signature __________________
Before me ________________
(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address
(ii) Affirmation
This Affirmation must be made before a Solicitor or Commissioner of Oaths or
an officer of the court duly authorised to administer oaths when you have
completed the rest of this form
I (a) ___________________________________________________
______________________________________________________
of (b) __________________________________________________
______________________________________________________
Solemnly and sincerely affirm that the foregoing Statement and attached lists
exhibited hereto and marked _________________ are to the best of my knowledge
and belief a full, true and complete statement of my affairs as at
_________________ the date of the Bankruptcy Order made against me.
Affirmed at ._______________
Date _____________________ Signature __________________
Before me _________________
LIST A
VARIOUS ASSETS
Full particulars of every description of assets not included in any other
lists should be specified in this list. If the space allotted to items (a) to
(j) below is not adequate, please provide the requisite information by
attaching additional schedule(s) and completing item (l) below.
Particulars Estimated to produce
$
(a) Cash at bank (Please specify the name(s) of the bank(s) and all
account numbers) _______________________________
_______________________________
_______________________________
_______________________________ _______________
_______________
_______________
_______________
(b) Cash in hand _______________________________ _______________
(c) Cash deposit held by solicitor or any other person
_______________________________
(name of solicitor or person)
_______________
(d) Land and buildings your name or in the name of your *husband/*wife/
*concubine (Location and address) _______________ Cost $ .__________
_______________________________ _______________________________
_______________________________ _______________________________
_______________
_______________ _______________ _______________ _______________
(e) Stock in trade _______________ Cost $ __________ _______________
(f) Plant and machinery _______________ Cost $ __________ _______________
(g) Life assurance policies _______________________________
(policy number and insurance company) _______________
(h) Investment in stocks and shares, etc. ________________ Cost $
_________ (Please provide details) _______________
(i) Amount due to you from the estate of a deceased person
_______________________________ (Please provide details)
_______________
(j) Any other assets _______________________________
_______________________________ _______________ _______________
(k) Total (show the total under "Assets" on page 1 of the Statement
of Affairs) $
(l) *________ additional schedule(s) are attached/No additional
schedule(s) are attached.*
(specify no.)
Dated this day of 19 . (Signature)
(*delete the inapplicable words)
LIST B
DEBTS RECEIVABLE
(i)
No. (ii)
Name
of
debtor (iii)
Address (iv)
Amount
of
debt
$ (v)
Date
when contracted (vi)
Estimated to
produce
$ (vii)
Folio of ledger or other
book where particulars
are to be found (viii)
Nature of debt and particulars of any securities held for debt 1.
............. ............... ............. ................. ...............
...................... ....................... 2. .............
............... ............. ................. ...............
...................... ....................... 3. .............
............... ............. ................. ...............
...................... ....................... 4. .............
............... ............. ................. ...............
...................... ....................... 5. .............
............... ............. ................. ...............
...................... ....................... 6. .............
............... ............. ................. ...............
...................... ....................... 7. .............
............... ............. ................. ...............
...................... ....................... 8. .............
............... ............. ................. ...............
...................... ....................... 9. .............
............... ............. ................. ...............
...................... ....................... 10. .............
............... ............. ................. ...............
...................... ....................... 11. .............
............... ............. ................. ...............
...................... ....................... 12. .............
............... ............. ................. ...............
...................... ....................... 13. .............
............... ............. ................. ...............
...................... ....................... 14. .............
............... ............. ................. ...............
...................... ....................... 15. .............
............... ............. ................. ...............
...................... .......................
Totals (show the total
of column (vi) under
"Assets" on page 1
of the Statement of Affairs)
Dated this day of 19 . (Signature)
Notes: (1) If you are also indebted to any of the above-mentioned debtor(s),
please specify in column (iii) both the amount of your debt due to the debtor
and the amount due from the debtor. The net amount due to you by the debtor
should be inserted in columns (iv) and (vi). If, however, the amount owed by
you to the "debtor" is greater than the amount that the debtor owes you, do
not insert any amount in this list but use List E for the purpose.
(2) To substantiate the amount of debt, copies of the relevant source
documents should be attached.
LIST C
SECURED CREDITORS (either fully or partly secured) /EXCESS VALUE OF ASSETS
PLEDGED AS SECURITY TO CREDITORS
(i)
No. (ii)
Name
of
creditor
or
claimant (iii)
Address (iv)
Amount owed to creditor
$ (v)
Date
when
contracted (vi)
Particulars
of the asset
being held or claimed or
pledge as
security (vii)
Date
when
security
given (viii)
Estimated value of
the asset
in column
(vi)
$ (ix)
Estimated excess i.e. (viii)
less (iv)
$ (x)
Net indebtedness i.e. (iv) less (viii)
$ 1. .......... ............ .......... .............. .................
............ ............. ............. ............... 2. ..........
............ .......... .............. ................. ............
............. ............. ............... 3. .......... ............
.......... .............. ................. ............ .............
............. ............... 4. .......... ............ ..........
.............. ................. ............ ............. .............
............... 5. .......... ............ .......... ..............
................. ............ ............. ............. ............... 6.
.......... ............ .......... .............. .................
............ ............. ............. ............... 7. ..........
............ .......... .............. ................. ............
............. ............. ............... 8. .......... ............
.......... .............. ................. ............ .............
............. ............... 9. .......... ............ ..........
.............. ................. ............ ............. .............
............... 10. .......... ............ .......... ..............
................. ............ ............. ............. ............... 11.
.......... ............ .......... .............. .................
............ ............. ............. ............... 12. ..........
............ .......... .............. ................ ............
............. ............. ............... 13. .......... ............
.......... .............. ................. ............ .............
............. ............... 14. .......... ............ ..........
.............. ................. ............ ............. .............
............... 15. .......... ............ .......... ..............
................. ............ ............. ............. ...............
Total amount owed to creditors, i.e. total of column (iv) Total value of
security, i.e. total of column (viii)
Show the total of column (ix) under "Assets" on page 1 of the Statement of
Affairs
Show the total of column (x) under "Liabilities" on page 1 of the Statement of
Affairs
Dated this day of 19 . (Signature)
Note: If the amount due to the fully-secured creditor (as stated in column
(iv) above) is the same as the estimated value of security (as stated in
column (viii) above), please specify a "Nil" amount in columns
(ix) and (x). If any estimated surplus from security as reflected in
column (ix) above is further pledged to any other creditor as
partial security, that surplus should be deleted from column
(ix) and shown in column (viii) for that other creditor
instead. Such surplus should then be deducted from the relevant
amount due to that other creditor before extending the amount
to either column (ix) or (x), whichever is appropriate.
LIST D
CLAIMS AND AMOUNTS DUE TO EMPLOYEES AND GOVERNMENT DEPARTMENTS
(e.g. Wages, Rates, Taxes, etc.)
(i)
No. (ii)
Name of
creditor
or claimant (iii)
Address (iv)
Name of claim (v)
Period during which claim accrued (vi)
Due date
for payment (vii)
Amount of claim
$ 1. ................. ................... ......................
...................... ................... .................. 2.
................. ................... ......................
...................... ................... .................. 3.
................. ................... ......................
...................... ................... .................. 4.
................. ................... ......................
...................... ................... .................. 5.
................. ................... ......................
...................... ................... .................. 6.
................. ................... ......................
...................... ................... .................. 7.
................. ................... ......................
...................... ................... .................. 8.
................. ................... ......................
...................... ................... .................. 9.
................. ................... ......................
...................... ................... .................. 10.
................. ................... ......................
...................... ................... .................. 11.
................. ................... ......................
...................... ................... .................. 12.
................. ................... ......................
...................... ................... .................. 13.
................. ................... ......................
...................... ................... .................. 14.
................. ................... ......................
...................... ................... .................. 15.
................. ................... ......................
...................... ................... ..................
Show the total of column (vii) under "Liabilities" on page 1 of the
Statement of Affairs $
Dated this day of 19 . (Signature)
LIST E
UNSECURED CREDITORS AND OTHER LIABILITIES (INCLUDING CONTINGENT LIABILITIES)
(i)
No. (ii)
Name of creditor
or claimant (iii)
Address
(iv)
Amount
$ (v)
Date when
contracted (vi)
Consideration and the nature of liability 1. ...........................
...................... ................ .........................
............................... 2. ...........................
...................... ................ .........................
............................... 3. ...........................
...................... ................ .........................
............................... 4. ...........................
...................... ................ .........................
............................... 5. ...........................
...................... ................ .........................
............................... 6. ...........................
...................... ................ .........................
............................... 7. ...........................
...................... ................ .........................
............................... 8. ...........................
...................... ................ .........................
............................... 9. ...........................
...................... ................ .........................
............................... 10. ...........................
...................... ................ .........................
............................... 11. ...........................
...................... ................ .........................
............................... 12. ...........................
...................... ................ .........................
............................... 13. ...........................
...................... ................ .........................
............................... 14. ...........................
...................... ................ .........................
............................... 15. ...........................
...................... ................ .........................
...............................
Show the total of column (iv) under "Liabilities" on page 1 of the
Statement of Affairs $
Dated this day of 19 . (Signature)
Notes: (1) If any creditor is also indebted to you, please specify in column
(iii) both the amount due to the creditor and the amount owed by the creditor.
The net amount due by you to the creditor should be inserted in column (iv).
If, however, the amount owed to you by the "creditor" is more than the amount
that you owe the creditor, do not insert any amount in this list but use List
B for the purpose.
(2) The particulars of any bills of exchange and promissory notes held by a
creditor should be inserted immediately below the name of such creditor.
(L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2)
___________________
FORM 28C [section 10(2)]
STATEMENT OF AFFAIRS (DEBTOR'S PETITION)
BANKRUPTCY ORDINANCE (CHAPTER 6)
Note.-These details will be the same as those shown at the top of your
petition.
In the _______________ In Bankruptcy
No. __________ of 19 _________ .
Re ____________________________________________________
Show your current financial position by completing all the pages of this form
which will then be your Statement of Affairs.
_______________________________________________________
AFFIDAVIT
This Affidavit must be sworn before a Solicitor or Commissioner of Oaths or an
officer of the court duly authorized to administer oaths when you have
completed the rest of this form.
(a) Insert full name, occupation, Hong Kong Identity Card No. (if any) or
number and issuing country of any passport.
(b) Insert full address. I, (a)
___________________________________________________
______________________________________________________ ,
of (b) __________________________________________________
_______________________________________________________
_______________________________________________________
Make oath and say that several pages exhibited hereto and marked _______ are
to the best of my knowledge and belief a full, true and complete statement of
my affairs at today's date.
Sworn at _________________
Date ____________________ Signature(s) _______________
Before me ________________
______________________________________________________
A Solicitor or Commissioner of Oaths or Duly authorized officer
Before swearing the affidavit, the Solicitor or Commissioner is particularly
requested to make sure that the full name, address and description of the
deponent are stated, and to initial any crossings-out or other alterations in
the printed form. A deficiency in the affidavit in any of the above respects
will mean that it will be refused by the court, and will need to be re-sworn.
LIST A
SECURED CREDITORS
LIST B
UNSECURED CREDITORS
1
No. 2
Name of creditor or claimant 3
Address (with postcode) 4
Amount the creditor says you owe him/her
$ 5
Amount you think you owe
$
Signature _______________________________ Date ______________
LIST C1
ASSETS
Do you have any bank accounts or an interest in one?
If 'YES' state where they are, how much is in them and how much is your share.
Yes
□ No
□
Do you have any business bank accounts, including joint accounts?
If 'YES' state the name of the accounts, where they are and how much is in
them.
Yes
□ No
□
Do you have any bank deposit accounts or an interest in one?
If 'YES' state where they are and how much is in them and how much is your
share.
Yes
□ No
□
Signature _______________________________ Date ______________
LIST C2
ASSETS
Do you have any other savings?
If 'YES' give details.
Yes
□ No
□
Do you use a motor vehicle?
If 'YES' who owns it and what is it worth?
Yes
□ No
□
Have you an interest in any other motor vehicles?
If 'YES' give details and their value.
Yes
□ No
□
Signature _______________________________ Date ______________
LIST C3
ASSETS
Now show anything else of yours which may be of value.
(a) Household furniture and belongings $
(b) Life policies
(c) Money owed to you
(d) Stock in trade
(e) Other property
TOTAL $
Signature _______________________________ Date _________________
LIST D
1. State the name, age (if under 18), and relationship to you of your
dependants. 1 _____________________________ 6 _____________________________ 2
_____________________________ 7 _____________________________ 3
_____________________________ 8 _____________________________ 4
_____________________________ 9 _____________________________ 5
_____________________________ 10 _____________________________
2. Has distress been levied against you by or on behalf of any creditor? Yes
□ No
□ If 'YES' give details below-
Name of creditor
Amount of claim $
Date
Distress levied Description and estimated value of property seized
Signature _______________________________ Date _________________
LIST E
3. At the date you present your bankruptcy petition, is any court judgment or
other legal process outstanding against you that has been made by any court in
Hong Kong? If 'YES' give details below- Yes
□ No
□
Name of creditor
Amount of claim
$ Type and date of process issued Description and estimated value of any
property seized
4. At the date you present your bankruptcy petition, is any income payments
order in force against you? If 'YES' give details below- Yes
□ No
□
Name of creditor
Date of order
Court Amount of instalment payable under order (per month/week)
$
Total amount paid under order
$
Date order expires (if applicable)
Signature _______________________________
Date _________________
LIST F
5(a) Have you, before you presented your petition, tried to come to any
agreement with your creditors generally for payment of your debts? Yes
□ No
□
(b) If the answer to 5(a) is 'YES', what terms were offered to the
creditors-
(1) time for repayment _____________________________
_____________________________
(2) percentage amount receivable by creditors ____________
(3) when was the offer made? ________________________
(c) Did the attempt fail because the creditors refused to accept the terms
offered? If 'NO' why did it fail? _______________________________
________________________________________________
________________________________________________
Yes
□ No
□ 6. Do you think that you will be able to introduce a voluntary arrangement
for your creditors under the Bankruptcy Ordinance (Chapter 6), which is likely
to be acceptable to them? If 'YES' give brief details
_____________________________ ________________________________________________
________________________________________________ Yes
□ No
□
_______________________________________________________________
Signature _______________________________ Date _________________
LIST G
STATEMENT OF MEANS
(List below all items of regular "monthly" income and expenditure)
Items of income
$
Items of expenditure
$
This page shows that I will now be able to pay creditors $ __________ a month.
Signature _________________ Date _________________
LIST H
STATEMENT OF RECENT AND EXPECTED INCOME
Include in the table below details of your gross income in the past 12 months
and your estimated gross income for the next 12 months.
Gross income is the amount of your income before any deductions, including
tax, are made. Ensure that you include all income details as any details left
out may affect your ability to obtain an early discharge.
Source of Income
Income last 12 months
Estimated income next 12 months Gross Wages and Salary before income tax is
deducted (including overtime & penalty rates) ˙ ˙
$
$
$
$ Drawings from Business if self-employed $ $ Government Pensions, Benefits &
Allowances (Specify type) ˙ ˙ ˙
$
$
$
$
$
$ Payments from Retirement or Approved Deposit, Provident Funds (Specify type)
˙ ˙
$
$
$
$ Lump Sum payment on termination of employment $ $ Income from deceased
estate or trust $ $ Income from Investments (Specify type) ˙Interest
˙Dividends ˙Insurance policies ˙ ˙
$
$
$
$
$
$
$
$
$
$ Money from any other allowances, benefits or sources not mentioned above
(Specify source & type) ˙ ˙ ˙
$
$
$
$
$
$
TOTAL
$
$ (L.N. 81 of 1998)
___________________
FORM 29 [rules 99A & 99D]
NOTICE TO CREDITORS OF GENERAL MEETING OF CREDITORS
(Title.)
(a) Delete as applicable.
(b) Insert relevant section.
(c) Insert date and time by which proxy is to be lodged, which should not
be more than 24 hours before the date fixed for the meeting. A meeting
of creditors has been summoned by the (a) [Official Receiver]
[trustee]
(a) [at the request of a creditor under section
(b) of the Bankruptcy Ordinance (Chapter
6)] for the purpose of-
The meeting will be held as follows-
Date __________________________________________________
Time ______________________________ hours
Place __________________________________________________
__________________________________________________
The forms of general and special proxy are enclosed, one of which must be
lodged with me not later than (c) ________________________ to entitle you to
vote by proxy at the meeting (together with a completed proof of debt form if
you have not already lodged one).
Dated this day of , 19 .
Official Receiver/Trustee
[address]
Note.-Insert any further details which by the nature of the meeting need to be
stated. (L.N. 81 of 1998)
___________________
FORM 30-31
(Repealed L.N. 81 of 1998)
___________________
FORM 32 [section 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. GENERAL MEETING
(Title.)
(a) Insert here if necessary "adjourned". I, , 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 bankrupt's statement of affairs, and to the above-named bankrupt, a notice
of the time and place of the (a) general meeting of creditors.
2. That such notices were addressed to the said creditors respectively,
according to their respective names and addresses appearing in the statement
of affairs of the said bankrupt, and also to the said bankrupt at
3. That the post office acknowledgment or the same is hereunto annexed and
marked "A".
Sworn at, etc.
(Signature) (L.N. 81 of 1998)
___________________
FORM 34 [rule 105]
CERTIFICATE OF POSTAGE OF NOTICES. GENERAL MEETING
(Title.)
(a) Insert here if necessary "adjourned". I, , a clerk in the office of
the Official Receiver, hereby certify-
1. That I did, on the day of , 19 , send to each creditor mentioned in
the bankrupt's statement of affairs, a notice of the time and place of the
(a) general meeting of creditors.
2. That such notices were addressed to the said creditors respectively
according to their respective names and addresses appearing in the statement
of affairs of the said bankrupt.
3. That the post office acknowledgment for the same is hereunto annexed and
marked "A".
4. That I did on the said day of , 19 , send by registered post notice
of the time and place of the said meeting to the said bankrupt, and that such
notice was sent to the following address-
Dated this day of , 19 .
Clerk to the Official Receiver. (L.N. 81 of 1998)
___________________
FORM 35 [rule 100]
NOTICE TO BANKRUPT TO ATTEND GENERAL MEETING OF CREDITORS
(Title.)
Take notice that the general meeting of your creditors will be held on
the day of , 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 contempt of court and may be punished accordingly.
Dated this day of , 19 .
Official Receiver.
To
the above-named bankrupt. (L.N. 81 of 1998)
___________________
FORM 36
(Repealed L.N. 81 of 1998)
___________________
FORM 37 [rule 107]
MEMORANDUM OF ADJOURNMENT OF MEETINGS
(Title.)
(a) Here state reason for
adjournment. Meeting held at on the day of , 19 , at o'clock.
Memorandum-A meeting of creditors in the above matter was held at the time and
place above-mentioned, and the several proofs of debt lodged were
produced; but it appearing that (a) the meeting was adjourned until
the day of , 19 , at o'clock in the noon, then to be held at the same
place.
Chairman. (L.N. 81 of 1998)
___________________
FORM 38
MEMORANDUM OF PROCEEDINGS AT ADJOURNED GENERAL 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. (L.N. 81 of 1998)
___________________
FORM 39 [section 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]
NOTICE OF MEETING (GENERAL FORM)
(Title.)
[Here insert purpose for which meeting called]
(a) "Trustee" or "Official Receiver." 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 41-42
(Repealed L.N. 81 of 1998)
___________________
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 in the noon for the purpose of
considering the propriety of removing G. H., the trustee of the property of
the bankrupt, from his office as such trustee, and in the event of his removal
to appoint a person to fill the vacancy.
Dated this day of , 19 .
L.M.,
A member of the Creditors' Committee [or Official Receiver]. (L.N. 81 of 1998)
___________________
FORM 44 [rule 102]
NOTICE OF MEETING TO BE HELD TO APPOINT NEW TRUSTEE
(Title.)
I, C.D., Official Receiver, hereby give you notice that a meeting of
creditors will be held at on the day of , 19 , at o'clock in the
noon, for the purpose of appointing a trustee in the place of the late
trustee, who has resigned the office [or who has died or against whom a
bankruptcy order has been made].
Dated this day of , 19 .
Official Receiver. (L.N. 81 of 1998)
___________________
FORM 45 [rule 2]
LIST OF CREDITORS ASSEMBLED. TO BE USED AT EVERY MEETING
(Title.)
Meeting held at this day of ,19 .
Number Names of creditors present or represented Amount of proof 1 2 3 4 5 6 7
7
Total number of creditors present or represented $ cts (L.N. 81 of 1998)
___________________
FORM 46A [rule 109]
PROOF OF DEBT-GENERAL FORM
IN THE COURT OF FIRST INSTANCE OF HONG KONG
IN BANKRUPTCY No. of 19
Except in the case of claims for wages or salary, where the debt proved for
exceeds $250 a fee of $15 must be paid hereon otherwise the proof cannot be
admitted.
Re:
Date of Bankruptcy Order
1 Name of Creditor 2 Address of Creditor 3 Total amount of claim, including
any outstanding uncapitalised interest as at the date of the bankruptcy order
(Analysis of claim can be supplied on
separate sheet signed by creditor or
person authorized to act on his
behalf) $ 4 Details of any documents by reference to which the debt can be
substantiated [Note: Either the originals or copies of documentary evidence
should be submitted. Bills of exchange or other negotiable securities must be
produced before the proof can be admitted. The Official Receiver or trustee
may call for any document or evidence to substantiate the claim at his
discretion.] 5 If total amount above includes
outstanding uncapitalised
interest please state amount 6 Particulars of how and when
debt incurred 7 Particulars of any security held, the value of the security,
and the date it was given 8 I hereby declare that the particulars set out in
this Proof of Debt are, to the best of my knowledge and belief, true and
correct.
Signature of creditor or person
authorized to act on his behalf ________________________________________
Name in BLOCK LETTERS ________________________________________
Position with or relation to
creditor and means of knowledge
of the matters declared therein _______________________________________
Warning: A person convicted of making a false statement in respect of a proof
of debt shall be liable to a fine and imprisonment for 2 years. Admitted to
vote for $ Date Official Receiver/Trustee Admitted preferentially for $ Date
Trustee Admitted non-preferentially for $ Date Trustee To be returned to the
Official Receiver or, if a trustee has been appointed, to the trustee. Note:
The proof cannot be admitted for voting at the general meeting of creditors
unless it is properly completed and lodged with the Official Receiver not
later than 24 hours before the time specified in the notice convening the
meeting. (L.N. 223 of 1992; L.N. 81 of 1998; 25 of 1998 s. 2)
___________________
FORM 46B [rule 109]
AFFIDAVIT OF DEBT
IN THE COURT OF FIRST INSTANCE OF HONG KONG
IN BANKRUPTCY
No. (a) of 19
Re: (a)
I, (b)
, of make oath and say-
(1)(c) That I am (d) of the under-mentioned creditor, and that I am duly
authorized by (e) to make this affidavit, and that it is within my own
knowledge that the debt hereinafter deposed to was incurred and that such
debt, to the best of my knowledge and belief, still remains unpaid and
unsatisfied.
(2) That the said was/were, at the date of the bankruptcy order, viz, the day
of , 19 , and still is/are justly and truly indebted
to (f)
in the sum of dollars as shown in the proof of debt
exhibited hereto marked "A". (a) Here insert the number of matter, and the
name of debtor, as given on the notice of meeting.
(b) Fill in full name, address and occupation of deponent.
(c) If proof made by creditor personally strike out clause(1).
(d) State capacity, e.g. director, secretary, solicitor etc.
(e) State full name and address of creditor.
(f) Insert "me" or in case of a firm "me and C.D. and E.F, my co-partners
trading as", or if by clerk or agent etc. insert name, address and
description of principal. ________________________ Debt ......... $ :
---------------------------------------
Sworn at
this day of 19 ｝ [Deponent's
Signature.]
Before me,
[Notary Public/Commissioner for Oaths/other authorized person +]
+ Delete as appropriate.
___________________________________________________________________ Warning :
A person convicted of making a false statement in respect of a proof of debt
shall be liable to a fine and imprisonment for 7 years.
___________________________________________________________________ To be
returned to the Official Receiver or, if a trustee has been appointed, to the
trustee. (L.N. 223 of 1992; 47 of 1997 s. 10; L.N. 81 of 1998; 25 of 1998 s.
2)
___________________
FORM 47 [rule 109]
PROOF BY TRUSTEE IN PRIOR BANKRUPTCY
(Title.)
I, , of , make oath and say-
1. The said was adjudicated a bankrupt on , 19 , and I am the
trustee under such bankruptcy.
2. There was at the date of the bankruptcy [or administration] order
herein, namely, the day of , 19 , and still in an unsatisfied balance
of the debts provable in the foresaid bankruptcy, of which I am trustee,
amounting to $ as shown in the statement endorsed hereon [or annexed
hereto and marked "A"].
3. I claim to prove in the present bankruptcy for the said amount.
Sworn, etc.
Before me,
Admitted to vote for $
the day of ,
19 .
Official Receiver or Trustee.
Admitted to rank for dividend for $ this day of , 19 .
Official Receiver or Trustee (L.N. 81 of 1998)
___________________
FORM 48 [rule 110]
PROOF OF DEBT OF EMPLOYEES
(Title.)
(a) Fill in full name, address and occupation of deponent.
(b) the above-named debtor or the supervisor of the above-named debtor or
on behalf of the employees and others employed by the above-named
debtor.
(c) or the said.
(d) my employ or the employ of the above-named debtor.
(e) me or the above-named debtor. I, (a) of ,
(b) ,
make oath and say-
1. That (c) w at the date of the bankruptcy order, viz. the day
of , 19 , and still justly and truly indebted to the several persons
whose names, addresses and descriptions appear in the schedule endorsed hereon
in sums severally set against their names in the sixth column of such schedule
for wages due to them respectively as employees or others in
(d) in respect of services rendered by them respectively to (e)
during such periods before the date of the bankruptcy order as are set out
against their respective names in the fifth column of such schedule, for which
said sums, or any part thereof, I say that they have not, nor hath any of
them, had or received any manner of satisfaction or security whatsoever.
Sworn, etc.,
(Signature)
SCHEDULE referred to on the other side
1
No.
2
Full name of employee 3
Address 4
Description 5
Period
over which wages due 6
Amount due
$ cts (L.N. 81 of 1998)
___________________
FORM 49 [rules 114, 115]
NOTICE OF REJECTION OF PROOF OF DEBT
(Title.)
(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). Take
notice, that, as Official Receiver [or trustee] of the above estate, I
have this day rejected your claim against
such estate (a) [to the extent of $ ] on the following grounds-
And further take notice that if you are dissatisfied with my decision in
respect of your proof you may apply to the court to reverse or vary the same,
but subject to the power of the court to extend the time, no application to
reverse or vary my decision in rejecting your proof will be
entertained after the expiration of (b) days from this date.
Dated this day of , 19 .
Official Receiver
or Trustee.
To
___________________
FORM 50 [section 78(1)(d); rule 119]
GENERAL PROXY
(Title.)
(a) If a firm write "we" instead of "I" and set out the full name of the
firm.
(b) Here insert either "Mr. of , a clerk, manager etc., in my regular
employ," or "Mr. of , my solicitor," or "the Official Receiver". The
standing of the person appointed must be clearly set out.
(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) The Official Receiver or trustee may require the authority to sign to
be produced for his inspection. I, (a) of , a creditor, hereby appoint
(b) to be (c) general proxy in the above matter [excepting as to the
receipt of dividend (d)].
Dated this day of , 19 .
(Signed) (e)
(Signature of witness)
(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
I, , of , being a [here state whether clerk or manager in the regular
employment of the creditor or a commissioner to administer oaths in the Court
of First Instance 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-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.
(G.N.A. 124 of 1955; 25 of 1998 s. 2)
___________________
FORM 51 [section 78(1)(d); rule 119]
SPECIAL PROXY
(Title.)
(a) If a firm, write "we" instead of "I", and set out the full name of the
firm.
(b) Here insert either "Mr. of," or "the 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.
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 voluntary arrangement;
(b) for or against the appointment of any specified person as trustee or
as member of the creditors' committee, or for or against the
continuance in office of any specified person, as trustee or member of
a creditors' committee;
(c) on all questions relating to any matter, other than those above
referred to, arising 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 creditor having a general authority in writing to sign for such
creditor. Such person shall sign-
J.S. (duly authorized by a general authority in writing to sign on behalf
[name of creditor]) (f).
Certificate to be signed by person other than creditor filling up the above
proxy
I, , of , being a [here state whether clerk or manager in the regular
employment of the creditor or a commissioner to administer oaths in the Court
of First Instance 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-named and 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.
(G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2)
___________________
FORM 52 [section 19]
APPLICATION BY THE OFFICIAL RECEIVER FOR AN ORDER APPOINTING A SITTING FOR THE
PUBLIC EXAMINATION OF THE BANKRUPT
(a) Insert the name and address of the bankrupt. Let (a)
attend before ______________________________________ as follows-
Date ____________________________________________________
Time ______________________________ hours
Place ___________________________________________________
___________________________________________________
on the hearing of an application by the Official Receiver for an order that
the bankrupt be publicly examined in court pursuant to section 19 of the
Bankruptcy Ordinance (Chapter 6) at such time and place as the court shall
direct and that the bankrupt shall attend such public examination.
Dated this day of .
Official Receiver. (L.N. 81 of 1998)
___________________
FORM 53 [section 19]
ORDER APPOINTING A TIME FOR THE PUBLIC EXAMINATION OF THE BANKRUPT
Upon the application of the Official Receiver
And upon hearing
And upon reading the evidence
It is ordered that the bankrupt be publicly examined pursuant to section 19
of the Bankruptcy Ordinance (Chapter 6) as follows-
Date _______________________________________________________________ Time
_________________________________ hours Place
______________________________________________________________
_______________________________________________________________
And it is ordered that the bankrupt shall attend at the time and place
above-mentioned for such purpose.
Dated this day of .
Registrar.
WARING TO BANKRUPT: If you fail without reasonable excuse to attend your
public examination at the time and place set out in the order, you will be
liable to be committed to prison without further notice. In addition, if you
commit perjury during your examination, you will be liable on conviction to
imprisonment for 7 years and a fine. (L.N. 81 of 1998)
___________________
FORM 54 [section 19; rule 86]
NOTICE OF DAY FOR PROCEEDING WITH PUBLIC EXAMINATION (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 Proceeding with the public
examination of the above-named bankrupt, which, on the day of , 19 ,
was adjourned sine die.
Dated this day of , 19 .
Official Receiver. (L.N. 81 of 1998)
___________________
FORM 55 [section 19; rule 23]
APPOINTMENT OF SHORTHAND WRITER TO TAKE EXAMINATION OF BANKRUPT
(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. (L.N. 81 of 1998)
___________________
FORM 56 [section 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 said in 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. (G.N.A. 124 of 1955)
___________________
FORM 57 [section 19; rule 23]
NOTES OF PUBLIC EXAMINATION OF BANKRUPT WHERE A SHORTHAND WRITER IS APPOINTED
(Title.)
Public examination of the bankrupt held this day of , 19 , before .
The above-named bankrupt, being sworn and examined at the time and place
above-mentioned, upon the several questions following being put to him, gave
the several answers thereto respectively following each question, that is to
say-
A
This is a transcript of the notes of the public examination of , held
this day of , 19 .
Shorthand writer duly appointed under rule 23,
or
Shorthand writer attached to the Official Receiver's Office. (G.N.A. 124 of
1955; L.N. 81 of 1998)
___________________
FORM 58 [section 19; rule 23]
NOTES OF PUBLIC EXAMINATION OF BANKRUPT WHERE SHORTHAND WRITER IS NOT
APPOINTED
Public examination of the bankrupt held this day of , 19 , before .
The above-named bankrupt being sworn and examined at the time and place
above-mentioned, upon his oath saith as follows-
A
These are the notes of the examination of , held this day of , 19 .
Signature of person taking the notes (G.N.A. 124 of 1955; L.N. 81 of 1998)
___________________
FORM 59 [section 19]
ORDER OF ADJOURNMENT OF PUBLIC EXAMINATION
(Title.)
(a) Insert here word "further" if necessary.
[Set out any further order of the court] 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 , at in the noon. And it is further ordered that the said
do 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 .
Date this day of , 19 .
Registrar
___________________
FORM 60-61
(Repealed L.N. 81 of 1998)
___________________
FORM 62 [section 19(8)]
MEMORANDUM OF PUBLIC EXAMINATION OF BANKRUPT
(Title.) Memorandum. - That I, the above-named bankrupt, being sworn and
examined upon my oath say that the notes of my public examination marked "A",
and appended hereto, were read over by or to me and are correct.
And I further say that, at the time of this my examination, I have delivered
up to the 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 .
Bankrupt (L.N. 81 of 1998)
___________________
FORM 63 [section 19]
ORDER OF COURT THAT EXAMINATION IS CONCLUDED
(Title.)
Whereas the above-named A.B. has duly attended before the court and has been
publicly examined as to his conduct, dealings and property;
And whereas the court is of opinion that the affairs of the said A.B. have
been sufficiently investigated, it is hereby ordered that the examination of
the said A.B. is concluded.
Dated this day of , 19 .
Registrar.
___________________
FORM 64 [section 20B]
ORDER GRANTING STAY PENDING HEARING OF APPLICATION FOR INTERIM ORDER
(Title.)
(a) Insert full name and address of applicant.
(b) Insert details of any action, execution or other legal process to be
stayed. Upon the application of (a)
And upon hearing
And upon reading the evidence
It is ordered that (b)
be stayed over the hearing of the application for an interim order pursuant to
section 20 of the Bankruptcy Ordinance (Chapter 6), namely
the day of
,19 or over any
adjournment thereof.
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
___________________
FORM 65 [rule 122F]
INTERIM ORDER OF COURT UNDER SECTION 20 OF THE BANKRUPTCY ORDINANCE (CHAPTER
6)
(Title.)
(a) Insert full name and address of applicant.
(b) Delete as applicable.
(c) 14 days unless an extension is granted on the application of the
nominee.
(d) Insert debtor's name.
(e) Date to be 2 business days before the day on which the report is to be
considered.
(f) Insert details of any orders made under section 20C(3) and (4) of the
Bankruptcy Ordinance (Chapter 6).
(g) Delete if debtor is not a bankrupt or if he is a bankrupt but the
applicant is the Official Receiver. Upon the application of (a)
And upon hearing
And upon reading the evidence
(b) [And upon the application of , the
nominee, for an extension of the period for which the interim order shall have
effect pursuant to section 20D(4) of the Bankruptcy Ordinance (Chapter 6)]
It is ordered that during the period of (c) _______ days beginning with the
day after the date of this order and during any extended period for which this
interim order has effect-
(i) no bankruptcy petition relating to the above-named (d) ________
_________________________________________________ (the debtor)
may be presented or proceeded with; and
(ii) no other proceedings, and no execution or other legal process,
may be commenced or continued against the debtor or his
property except with the leave of the court.
And it is ordered that the report of the nominee be submitted and delivered by
him to the court not later than (e)
[And it is ordered that (f)
And it is ordered that
(g) [And it is ordered that the applicant forthwith serve a copy of this
order on the Official Receiver.]
Date _______________________________
Time ___________________________ hours
Place _______________________________ to be appointed for consideration of the
nominee's report.
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
___________________
FORM 66 [rule 122F(4)]
ORDER EXTENDING EFFECT OF INTERIM ORDER
(Title.)
(a) Insert full name and address of applicant.
(b) Insert date of filing.
(c) Insert date.
(d) Date to be not less than 14 days from date of filing of report under
rule 122J of the Bankruptcy Rules ( Cap. 6 sub. leg.) nor more than 28
days from date of consideration of report under rule 122L of the
Bankruptcy Rules ( Cap. 6 sub. leg.). Upon the application of (a)
And upon hearing
And upon reading the evidence
And the court having this day considered the report of the nominee submitted
pursuant to section 20D of the Bankruptcy Ordinance (Chapter 6) and filed on
(b) ______________________ .
It is ordered that the period for which the interim order made on (c) ____ has
effect be extended to (c) _________ to enable a meeting of the debtor's
creditors to be summoned to consider the debtor's proposals, such meeting as
proposed by the nominee to be held on-
Date (d) _______________________________
Time _____________________________ hours
Place _________________________________
And it is ordered that this application be adjourned to-
Date _________________________________
Time _____________________________ hours
Place _________________________________
for consideration of the report of the chairman of the creditors' meeting.
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
___________________
FORM 67 [sections 20G, 20H & 20I]
ALTERNATIVE ORDERS TO BE MADE AT HEARING TO CONSIDER CHAIRMAN'S REPORT
(Title.)
(a) Insert full name and address of applicant.
(b) Delete as applicable.
(c) Insert any other orders made in respect of the petition. Upon the
application of (a)
And upon hearing
(b) [And upon reading the report of the chairman of the creditors' meeting
that the said meeting had [approved the proposed voluntary arrangement
with or without modifications] [declined to approve the debtor's
proposal with or without modifications.]]
[It is ordered that this application be [adjourned generally with liberty
to restore] [adjourned to the day of ,
19 to enable an application to be made to extend the time for
filing the report of the chairman of the creditors' meeting.]]
[And it is ordered that the time for filing the said report be extended to
this day.]
And whereas-
(i) on the day of , 19 a
bankruptcy petition No. of 19 was filed
by against the
above-named (the debtor); and
(ii) by virtue of section 20H(3) of the Bankruptcy Ordinance (Chapter 6)
the said petition is deemed, unless the court otherwise orders, to have been
dismissed.
The court makes no further order save that-
(i) the registration of the petition as a pending action at the Land
Registry on under Reference No. PA
may be vacated upon the application of the debtor under the Land
Registration Ordinance (Chapter 128);
(ii) (c)
Dated this day of , 19 .
NOTICE TO DEBTOR-(Where voluntary arrangement approved and there is a pending
petition which is deemed to be dismissed).
It is your responsibility and in your interest to ensure that the registration
of the petition at the Land Registry is cancelled. (L.N. 81 of 1998)
___________________
FORM 68-78
(Repealed L.N. 81 of 1998)
___________________
FORM 79 [rule 80]
APPLICATION TO ANNUL ADJUDICATION
(Title.)
I, R.S., of , being interested in this matter [or I, , Official
Receiver] do hereby make application to the court that the bankruptcy order
against A.B. be annulled [here state grounds of application].
Dated this day of , 19 .
(Signature) (L.N. 81 of 1998) ___________________
FORM 80 [rule 12]
ORDER ANNULLING ADJUDICATION
(Title.)
On the application of R.S., of , [or On the application of the
Official Receiver], and on reading and hearing , it is ordered
that the bankruptcy order dated against A.B., of , be and the same is
hereby annulled.
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
___________________
FORM 81 [rule 88]
ORDER OF SUSPENSION OF DISCHARGE UNDER SECTION 30A(3) OF THE BANKRUPTCY
ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert date.
(b) Delete as applicable.
(c) State briefly in what respect the bankrupt has failed to comply with
his obligations.
(d) Insert period for which discharge is to be suspended. in chambers
Upon the application of the Official Receiver or trustee and after taking into
consideration his report filed on (a) as to the above-named bankrupt's conduct
during the proceedings under the bankruptcy.
And upon hearing
And upon reading the evidence
And a bankruptcy order having been made against the above-named bankrupt on
(a)
And it appearing to the court that the bankrupt (b) [has failed] [is failing]
to comply with his [her] obligations under the Bankruptcy Ordinance (Chapter
6) namely (c)
It is ordered that the relevant period for the purposes of section 30A of the
Bankruptcy Ordinance (Chapter 6) shall cease to run (b) [for a period of (d)].
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
___________________
FORM 82 [section 30A(4)]
NOTICE OF INTENTION TO OBJECT TO BANKRUPT'S DISCHARGE UNDER SECTION 30A(4) OF
THE BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert name of creditor or trustee.
(b) Delete any paragraph which is not applicable.
TAKE notice that I, (a) _____________________, intend to object to the
bankrupt's discharge on one or more of the following grounds-
(i) in the case of a discharge to which section 30A(2)(a) of the
Bankruptcy Ordinance (Chapter 6) applies, that the bankrupt is likely within 5
years of the commencement of the bankruptcy to be able to make a significant
contribution to his[her] estate;
(ii) that the discharge of the bankrupt would prejudice the
administration of his[her] estate;
(iii) that the bankrupt has failed to co-operate in the administration
of his[her] estate;
(iv) that the conduct of the bankrupt, either in respect of the period
before or the period after the commencement of the bankruptcy, has been
unsatisfactory;
(v) without limiting section 30A(4)(c) or (d) of the Bankruptcy
Ordinance (Chapter 6), that the bankrupt has departed from Hong Kong and has
failed forthwith to return to Hong Kong following a request to do so from the
trustee;
(vi) that the bankrupt has continued to trade after knowing
himself/herself to be insolvent;
(vii) that the bankrupt has committed an offence under section 129
(fraudulent conduct on the part of the bankrupt) or any of sections 131 to 136
of the Bankruptcy Ordinance (Chapter 6) (obtaining credit, gambling offences,
failure to keep proper accounts, absconding with property and concealing
oneself to avoid service of bankruptcy proceedings);
(viii) that the bankrupt has failed to prepare an annual report of his/her
earnings and acquisitions for the trustee.
AND THAT I propose to apply for an order under section 30A(3) of the
Bankruptcy Ordinance (Chapter 6) suspending the running of the relevant period
for the bankrupt's discharge.
Dated this day of , 19 .
Creditor/Official Receiver. [or Trustee.] (L.N. 81 of 1998)
___________________
FORM 83 [section 30A(5)]
NOTICE TO CREDITORS BY TRUSTEE UNDER SECTION 30A(5) OF THE BANKRUPTCY
ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert date.
(b) Insert bankrupt's name.
(c) Delete as applicable. TAKE notice that under the provisions of
section 30A of the Bankruptcy Ordinance (Chapter 6) on (a)
____________ (b) ___________________ will be discharged from his [her]
bankruptcy in the absence of any objections from his[her] trustee in
bankruptcy or creditors.
AND THAT I do not intend to object to the bankrupt's discharge. [intend to
object to the bankrupt's discharge on the following grounds-] (c)
AND THAT the bankrupt's creditors have the right to object to his[her]
discharge on any of the following grounds-
(i) in the case of a discharge to which section 30A(2)(a) of the
Bankruptcy Ordinance (Chapter 6) applies, that the bankrupt is likely within 5
years of the commencement of the bankruptcy to be able to make a significant
contribution to his[her] estate;
(ii) that the discharge of the bankrupt would prejudice the
administration of his[her] estate;
(iii) that the bankrupt has failed to co-operate in the administration
of his[her] estate;
(iv) that the conduct of the bankrupt, either in respect of the period
before or the period after the commencement of the bankruptcy, has been
unsatisfactory;
(v) without limiting section 30A(4)(c) or (d) of the Bankruptcy
Ordinance (Chapter 6), that the bankrupt has departed from Hong Kong and has
failed forthwith to return to Hong Kong following a request to do so from the
trustee;
(vi) that the bankrupt has continued to trade after knowing
himself/herself to be insolvent;
(vii) that the bankrupt has committed an offence under section 129 or
any of sections 131 to 136 of the Bankruptcy Ordinance (Chapter
6);
(viii) that the bankrupt has failed to prepare an annual report of
his/her earnings and acquisitions for the trustee.
AND THAT if any of the bankrupt's creditors wish to object to the bankrupt's
discharge he [she] or they must do so on Form 82 notifying the court and me
not less than 14 days before (a) ______________________ .
Dated this day of , 19 .
Trustee. (L.N. 81 of 1998)
___________________
FORM 84 [rule 90]
APPLICATION FOR EARLY DISCHARGE OF BANKRUPT UNDER SECTION 30B(1) OF THE
BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert full name and address of bankrupt.
(b) Delete as appropriate.
(c) Insert date.
(d) State the names and addresses of the trustee(s) to be served.
(e) State the bankrupt's address for service. I, (a)
_________________________________________________
_______________________________________________________ , hereby apply
to the court for an order for my early discharge from bankruptcy.
I have not previously been adjudged bankrupt [or I have previously been
adjudged bankrupt, but more than 3 years have elapsed since the date of the
first bankruptcy order/adjudication order] (b).
None of the circumstances set out in section 30B(2) of the Bankruptcy
Ordinance (Chapter 6) applies to me.
The grounds on which I claim to be entitled to be discharged from bankruptcy
are set out in my affidavit sworn on
(c) a copy of which affidavit accompanies
this application.
The names and addresses of the trustee(s) upon whom this application should be
served are-(d)
The bankrupt's address for service is-(e)
Dated this day of , 19 .
Signed _______________________________
(Solicitor for the) Bankrupt
ENDORSEMENT
This application having been filed in court on ____________________ , it is
ordered that the application shall be heard as follows-
Date ____________________________________________________
Time _____________________________ hours
Place ___________________________________________________
Registrar. (L.N. 81 of 1998) ___________________
FORM 85 [rule 89]
APPLICATION BY BANKRUPT UNDER SECTION 30A(7) OF THE BANKRUPTCY ORDINANCE
(CHAPTER 6) FOR LIFTING A SUSPENSION OF THE RUNNING OF THE RELEVANT PERIOD FOR
DISCHARGE IMPOSED BY THE COURT UNDER SECTION 30A(3) OF THE ORDINANCE
(Title.)
(a) Insert name and address of person(s) to attend hearing.
(b) Insert name.
(c) Insert date.
(d) State the names and addresses of the persons to be served.
(e) State the bankrupt's address for service. Let (a)
attend before as follows-
Date ____________________________________________________
Time __________________________ hours
Place ___________________________________________________
___________________________________________________
on the hearing of an application by (b) the bankrupt for an order that
the suspension of the running of the relevant period for his [her] discharge
imposed by the court under section 30A(3) of the Bankruptcy
Ordinance (Chapter 6) on (c) be lifted.
The grounds on which the bankrupt claims to be entitled to the order are
set out in the affidavit of the bankrupt sworn on (c) a copy of which
affidavit accompanies this application.
The names and addresses of the persons upon whom this application should be
served are (d)
The bankrupt's address for service is-(e)
Dated this day of , 19 .
Signed __________________________________
(Solicitor for the) Bankrupt (L.N. 81 of 1998)
___________________
FORM 86 [rule 89]
ORDER OF COURT LIFTING SUSPENSION OF DISCHARGE
(Title.)
(a) Insert full name and address of bankrupt.
(b) Delete as applicable.
(c) Insert name of Official Receiver's representative or trustee.
(d) Insert date.
(e) Insert terms of previous order. in chambers
Upon the application of (a)
the above-named bankrupt, (b) [and after taking into consideration the
report of (c) in this matter].
And upon hearing
And upon reading the evidence
It is ordered that the order made on (d)
whereby it was ordered that (e)
be discharged.
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
___________________
FORM 87 [rule 89]
CERTIFICATE THAT ORDER SUSPENDING DISCHARGE HAS BEEN LIFTED
(Title.)
(a) Insert full name and address of bankrupt.
(b) Insert date.
A bankruptcy order having been made by this court against (a)
on (b) and
an order suspending the above-named bankrupt's discharge having been made on
(b)
It is certified that the said order of suspension of discharge was lifted on
(b)
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
___________________
FORM 88 [rule 92]
CERTIFICATE OF DISCHARGE
(Title.)
(a) Insert full name and address of bankrupt.
(b) Insert date of bankruptcy order.
(c) Insert full name of bankrupt.
(d) Insert effective date of discharge. A bankruptcy order having been
made by this court against (a)
on (b)
It is certified that the said (c)
was discharged from his bankruptcy on (d)
Dated this day of , 19 .
NOTICE TO BANKRUPT OR PERSONAL REPRESENTATIVE OF BANKRUPT (IF BANKRUPT IS
DECEASED)-
Should you require advertisement of this order in a local newspaper and/or the
Gazette, you should, within __________________ days, notify the trustee,
enclosing the prescribed fee, details of which can be obtained by contacting
the trustee.
Registrar. (L.N. 81 of 1998)
___________________
FORM 89-93
(Repealed L.N. 81 of 1998)
___________________
FORM 94 [rule 29]
APPLICATION BY TRUSTEE FOR COMMITTAL OF BANKRUPT OR OTHER PERSON
(Title.)
I, the trustee of the property of the said bankrupt [or as the case may be],
do apply to the court for an order of committal for contempt of the
court against the said bankrupt [or L.M., ], on the ground set forth
in the annexed affidavit.
Dated this day of , 19 .
Trustee.
___________________
FORM 95
(Repealed L.N. 81 of 1998)
___________________
FORM 96 [rule 29]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR COMMITTAL OF BANKRUPT FOR CONTEMPT
UNDER SECTION 26 OR 55
(Title.)
Where bankrupt does not submit to examination
Where bankrupt fails to attend a meeting other than the first.
Where bankrupt fails to execute a deed
Where bankrupt fails to attend a meeting other than the first or to execute a
deed
Where bankrupt fails to obey special orders of court.
Where bankrupt
failed to deliver up property. I, , the Official Receiver of the estate
of the said bankrupt [the trustee of the property of the said bankrupt] make
oath, and say-
[1. That the said bankrupt did attend at a general meeting of his
creditors for the purpose of appointing a trustee held on the day of
, 19 , at , and wilfully refused to submit to be examined at such meeting in
respect of his property [or his creditors], the submitting to examination
being a duty imposed upon him by the Bankruptcy Ordinance (Chapter 6).]
or
[1. That the said bankrupt did wilfully fail to attend a meeting of his
creditors held on the day of , 19 , at [or to wait on me at my
office on the day of , 19 ], the attending such meeting [or waiting on
me] being a duty impose upon him by the Bankruptcy Ordinance (Chapter 6).]
or
[1. That the said bankrupt has wilfully failed to execute (here describe the
deed, etc., that he has failed to execute], the execution of such deed when
required by me being a duty imposed upon him by section 26 [or 55] of the
Bankruptcy Ordinance (Chapter 6)]
2. [That the said 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 bankrupt has wilfully failed to perform the duty imposed
upon him by section 26 of the Bankruptcy Ordinance (Chapter 6)
(here insert any act he has been required to do by any special order of the
court, stating the day on which the order was made).]
2. [That the said bankrupt was duly served with a copy of such order by
leaving the same at his usual place of residence on the day of ,19 .]
Or
[1. That the said bankrupt has failed to deliver up possession of (here state
the property he has failed to deliver up), which property is divisible amongst
his creditors under the Bankruptcy Ordinance (Chapter 6) and which said
property was (or is) in his possession or control, he having been required by
me to deliver up the said property by notice, a copy of which is hereunto
annexed, and which notice was served upon him on
the day of , 19 , at .]
Sworn at, etc.
Official Receiver.
[or Trustee.] (L.N. 81 of 1998)
___________________
FORM 97 [rule 29]
AFFIDAVIT OF TRUSTEE UNDER SECTION 53(5)
(Title.)
I, G.H., the trustee of the property of the said A.B., a bankrupt, make oath
and say-
1. That I believe that L.M., of, hath in his possession or power as
[here set out the capacity in which the person stands to the bankrupt] certain
moneys [and securities] belonging to the bankrupt, that is to say [here set
out and describe the particular moneys and securities]
2. That on the day of , 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 liver, 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 , I posted another letter, by which I again called upon him to,
etc., and that he has failed to pay and deliver the same].
3. That I firmly believe that the said L.M. is not entitled by law to retain
such moneys [and securities] as against the bankrupt or against me as the
trustee of the property of the bankrupt.
Sworn at, etc.
Trustee.
___________________
FORM 98 [section 110; rule 30]
NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 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. (L.N. 81 of 1998)
_________________
FORM 99 [section 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 , at o'clock in the noon,
apply to the court for an order for your committal to prison for contempt of
this court, you having failed to perform the duty imposed on you by section 26
of the Bankruptcy Ordinance (Chapter 6) [here set out the duty he has failed
to perform]. And further take notice that you are required to attend the court
on such day at the hour before stated to show cause why an order for your
committal should not be made.
Dated this day of , 19
Registrar. _________________
FORM 100 [section 53(5); rule 30]
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 , 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 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 [section 110]
ORDER OF COMMITTAL UNDER SECTION 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 his 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. (L.N. 81 of 1998)
_________________
FORM 102 [section 26(4)]
ORDER OF COMMITTAL UNDER SECTION 26
(Title.)
Upon the application of the trustee [or Official Receiver] of the property of
the bankrupt, and upon hearing the bankrupt [or if he does not appear], and
reading the affidavit of [here insert name and description of person by whom
the notice to show cause was served] and upon reading the affidavit of [enter
evidence], the court being of opinion that the bankrupt has been guilty of a
contempt of this court by having failed to [here follow the notice], it is
ordered that the bankrupt do stand committed to [here insert prison] for his
said contempt.
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
_________________
FORM 103 [section 53(5)]
ORDER OF COMMITTAL UNDER SECTION 53(5)
(Title.)
Upon the application of the trustee of the property of the bankrupt, and upon
hearing L.M. [or if L.M. does not appear] and reading the affidavit of [here
insert name and description of person by whom the notice to show cause was
served] and upon reading the affidavit of [enter evidence] the court being of
opinion that L.M. has been guilty of a contempt of this court by having failed
to pay and deliver to the said trustee certain moneys [and securities] [here
follow the notice], it is ordered that the said L.M. do stand committed to
[here insert prison] for the said contempt.
Dated this day of , 19 .
Registrar.
_________________
FORM 104 [section 26(4); rule 30]
AFFIDAVIT OF NON-COMPLIANCE WITH ORDER OF COURT
(Title.)
I, L.M. of make oath and say-
1. That G.H. of was by an order of the court made on the day of ,
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 High Court of Hong Kong and his assistants and to all
police officers of Hong Kong and to the Commissioner of Correctional Services.
Whereas by an order of this court bearing date the day of , 19 , it
was ordered that the said debtor or bankrupt [or L.M. of ] should stand
committed for contempt of this court.
These are therefore to require you the said bailiff, and others, to take the
said debtor or bankrupt [or L.M.] and to delivery him to the Commissioner of
Correctional Services, and you the said Commissioner to receive the said
debtor or bankrupt [or L.M.], and him safely to keep in prison in your custody
until such time as this court shall order; and you the said Commissioner
shall, while the said debtor or bankrupt [or L.M.] is in your custody, at all
times when the court shall so direct produce the said debtor or bankrupt [or
L.M.] before the court.
Dated this day of , 19 .
Registrar. (G.N.A. 124 of 1955; L.N. 232 of 1984; L.N. 81 of 1998; 25 of 1998
s. 2)
_________________
FORM 106
ORDER FOR DISCHARGE FROM CUSTODY ON CONTEMPT
(Title.)
Upon application made this day of for A.B., who was committed to
prison for contempt by order of this court, dated the day of , 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
order that the Commissioner of Correctional Services do discharge the said
A.B. out of his custody, as to the said contempt.
Dated this day of , 19 .
Registrar. (L.N. 232 of 1984)
_________________
FORM 107
ORDER FOR PRODUCTION OF PERSON IN PRISON FOR EXAMINATION BEFORE THE COURT
(Title.)
Upon application made this day of by [applicant] for an order for the
production of A.B., who was committed to prison for contempt by order of
this court dated the day of , for examination before this court, it is
ordered that the Commissioner of Correctional Services do cause the said
A.B. to be brought in custody before the court at 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. (L.N. 232 of 1984)
_________________
FORM 108 [section 54; rule 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 or bankrupt is concealed in the house [or other place,
describing it, as the case may be] of one X.M., of such house [or
place] not belonging to the said debtor or bankrupt.
These are therefore to require you to enter in the daytime into the house
[or other place, describing it] of the said X.M. situate at aforesaid,
and there diligently to search for the said property, and if any property of
the said debtor or bankrupt shall be there found by you on such search, that
you seize the same, to be disposed of and dealt with according to the
provisions of the Bankruptcy Ordinance (Chapter 6).
Dated this day of , 19 .
Registrar. To the Bailiff of the High Court and his assistants. (L.N. 81 of
1998; 25 of 1998 s. 2)
_________________
FORM 109 [section 27; rule 26]
WARRANT OF SEIZURE
(Title.)
Whereas on the day of , 19 , a bankruptcy order was made against the
said bankrupt: These are therefore to require you forthwith to enter into and
upon the house and houses, and other the premises of the said bankrupt, and
also in all other place and places belonging to the said bankrupt where any of
his goods and moneys are, or are reputed to be; and there seize all the ready
money, jewels, plate, household stuff, goods, merchandise, books of account,
and all other things whatsoever, belonging to the said bankrupt, except his
necessary clothing, bedding, furniture and household equipment, as excepted by
the Bankruptcy Ordinance (Chapter 6).
And that which you shall so seize you shall safely detain and keep in your
possession until you shall receive other orders in writing for the disposal
thereof from the trustee [or Official Receiver]; and in case of resistance or
of not having the key or keys of any door or lock of any premises belonging to
the said bankrupt where any of his goods are or are suspected to be, you shall
break open, or cause the same to be broken open, for the better execution of
this warrant.
Dated this day of , 19 .
Registrar. To the Bailiff of the High Court and his assistants. (L.N. 81 of
1998; 25 of 1998 s. 2)
_________________
FORM 110 [section 27; rules 26, 27]
WARRANT AGAINST DEBTOR ABOUT TO QUIT HONG KONG, ETC.
(Title.)
To the Bailiff of the High Court of Hong Kong and his assistants and to all
police officers of Hong Kong and to the Commissioner of Correctional Services.
Whereas, by evidence taken upon oath, it hath been made to appear to the
satisfaction of the court that there is probable reason to suspect and
believe that the said A.B., of has absconded and gone outside Hong Kong
[or quitted his place of residence], [or is about to go outside Hong Kong
(or quit his place of residence)] with a view to avoiding service of a
bankruptcy petition [or to avoiding appearing in a bankruptcy petition, or to
avoiding examination in respect of his affairs, or otherwise delaying or
embarrassing the proceedings in bankruptcy or to avoiding payment of a debt in
respect of which a statutory demand has been served or an attempt to serve a
statutory demand has been made.]
[Or that there is probable cause to suspect and believe that the said A.B. is
about to remove his goods or chattels with a view to preventing or delaying
such goods or chattels being taken possession of by the trustee of the
property of the bankrupt or that the said A.B. has concealed (or is about to
conceal or destroy) his goods or chattels, or some of them, or his books,
documents or writings, or some or one of them, which books, documents or
writings, or some or one of them, may be of use to the creditors in the course
of the bankruptcy of the said A.B.]
[Or that it hath been made to appear to the satisfaction of this court that
the said A.B. has removed certain of his goods and chattels in his possession,
above the value of $500, without the leave of the Official Receiver or
trustee, that is to say (here describe the goods or chattels).]
[Or that the said A.B. did without good cause fail to attend at this court
on the day of , 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, and others, to take the
said A.B. and to deliver him to the Commissioner of Correctional Services and
you the said Commissioner to receive the said A.B., and him safely to keep in
prison until such time as this court may order.
Dated this day of , 19 .
Registrar. (G.N.A. 124 of 1955; L.N. 46 of 1964; L.N. 232 of 1984; L.N. 81 of
1998; 23 of 1998 s. 2; 25 of 1998 s. 2)
_________________
FORM 111 [section 28]
ORDER TO POSTMASTER GENERAL UNDER SECTION 28
(Title.)
(a) Here insert the full address or addresses.
(b) "the said Official Receiver [or trustee] at " or otherwise as the
court may direct. Upon the application of the Official Receiver [or the
trustee] of the property of the above bankrupt, it is ordered that for a
period of 3 months from the day of , 19 , all post letters, telegrams
and postal packets directed or addressed to the said bankrupt, at (a) shall be
re-directed, sent or delivered by the Postmaster General, or
officers acting under him, to (b) except any letter on which there is a
specific direction signed by the Official Receiver [or trustee] that it is to
be delivered as addressed, if possible, and that a sealed duplicate of this
order be forthwith transmitted by the Official Receiver [or trustee] to the
Postmaster General, or officers acting under him.
Dated this day of , 19 .
Registrar.
(L.N. 81 of 1998)
_________________
FORM 112 [section 29; rule 25]
SUMMONS UNDER SECTION 29
(Title.)
(a) Insert the name and address of the person to attend court.
(b) Insert the name of the person to attend court.
(c) State any particular documents required, e.g., all ledgers and books
of account, invoices, statements of account, letters, books, papers
and documents of every kind, in any manner relating to your dealings
and transactions with A.B. a bankrupt, touching a debt alleged to be
due by you to the said bankrupt's estate amounting to the sum of $ Let
(a)
attend before ______________________________________ as follows-
Date ____________________________________________________
Time ________________________________________________ hours
Place ____________________________________________________
___________________________________________________
on the hearing of an application by the Official Receiver or trustee for an
order that (b) __________ shall attend the court at such time and place as the
court shall direct for the purpose of giving evidence in the above matter, and
then and there to have and produce (c) ______________ .
Dated this day of
.
Registrar.
Note: This summons is issued on the application of the Official Receiver or
trustee, and take notice, that if the sum of $ , stated to
be due by you to this estate, be paid to ,
Official Receiver, at , on or before
the day of , this summons
will be discharged. If you fail without lawful impediment to attend the court
at such time and place as the court shall direct, the court may by warrant
cause you to be apprehended and brought up for examination. If you commit
perjury while giving evidence in connection with this matter, you will be
liable on conviction to imprisonment for 7 years and a fine. (L.N. 81 of 1998)
_________________
FORM 113 [section 29; rule 25]
ADMISSION OF DEBT BY DEBTOR OF BANKRUPT
(Title.)
In the matter of A.B. of , a bankrupt.
I, the undersigned J.K. of , do hereby admit that I am indebted to the
said bankrupt in the sum of $ upon the balance of accounts between
myself and the said bankrupt.
J.K.
Dated this day of , 19 .
Witness, C.D., Registrar, [or Official Receiver]
_________________
FORM 114 [section 29; rule 25]
ORDER TO PAY DEBT
(Title.)
Whereas on the examination before the court of J.K. of , it has
appeared to the court that the said J.K. is indebted to the said bankrupt in
the sum of $ , on the balance of accounts between him and the bankrupt; it is
ordered that the said J.K. do pay to the trustee of the property of the
bankrupt, in full discharge of the said sum, the sum of $ forthwith [or if
otherwise state the time and manner of payment], and do
further pay to the said trustee the sum of $ for costs.
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
_________________
FORM 115 [section 29; rules 26, 28]
WARRANT TO APPREHEND A PERSON SUMMONED UNDER SECTION 29
(Title.)
To the Bailiff of the High Court of Hong Kong and his assistants and to all
police officers of Hong Kong and to the Commissioner of Correctional Services.
Whereas by summons dated the day of , and directed to A.B., of [or
F.M., of ], the said A.B. [ or F.M.] was required personally to be and
appear on the day of at o'clock in the noon at the court to be
examined [and produce such document as hereinafter mentioned] which said
summons was afterwards on the day of as hath been proved upon oath
duly served upon the said and a reasonable sum was tendered him for
his expenses, and whereas the said having no lawful impediment made
known to and allowed by the court at the time of its sitting hath refused to
appear before the court at the time appointed [and/or hath refused to produce
a document in his custody or power relating to the bankrupt, his dealings, or
property which the court has required him to produce]. These are, therefore,
to require and authorize you and every of you, the said bailiff and your
assistants and police officers and constables immediately upon receipt hereof
to take the said A.B. [or F.M.], and bring him before this court at such time
and place as this court shall direct, in order to his being examined as
aforesaid, and in the meantime him safely to keep or deliver to the
Commissioner of Correctional Services and forthwith, after such taking and
delivery, to report the same to the court, and obtain its direction or order
fixing a day, time and place for the examination of the said A.B. [or F.M.],
and you the said Commissioner of Correctional Services to receive the said
A.B. [or F.M.], and him safely keep in prison and in your custody to await the
direction or order of the court, and to produce him before the court at such
time and place as shall be specified in such direction or order, and for so
doing this shall be a sufficient warrant to you and every of you.
Dated this day of , 19 .
Registrar. (L.N. 232 of 1984; L.N. 81 of 1998; 25 of 1998 s. 2)
_________________
FORM 116 [section 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 Correctional Services do cause the said
A.B. to be brought in custody before the court sitting on the day of
at o'clock in the noon for examination before the court, and in the
meantime to be safely kept, and afterwards if the court shall so direct to be
taken back to prison and there safely kept pursuant to the said warrant.
Dated this day of , 19 .
Registrar. (L.N. 232 of 1984)
_________________
FORM 117 [rule 127]
REGISTER OF ASSIGNMENT OF BOOK DEBTS
Assignor
Assignee
Satisfac-tion entered*
No.
Name
Address
Occupa-tion
Name
Address
Occupa-tion Nature of assign-ment
Consid-eration
Date
Date of registrat-ion
Remarks
* For use only in case of assignment by way of security or other charge. (L.N.
232 of 1984)
_________________
FORM 118 [section 43E; rule 128]
NOTICE OF APPLICATION FOR INCOME PAYMENT ORDER
(Title.)
To A.B.
Take notice that I intend to apply to the court on the day
of ,
, at o'clock in the noon,
for an order under section 43E of the Bankruptcy Ordinance (Chapter 6) for the
payment of a part of your pay [or salary or income] to me as trustee for the
benefit of the creditors under your bankruptcy. Unless at least 7 days before
the date fixed for the hearing you send to the court and to me written consent
to an order being made in the terms of the application, you are required to
attend the hearing; and if you attend, you will be at liberty to show cause
why the order should not be made, or an order should be made otherwise than as
applied for by me.
Dated this day of
, .
G.H., Trustee. (L.N. 81 of 1998)
_________________
FORM 119
(Omitted as spent)
_________________
FORM 120 [rule 128A(1)]
ORDER FOR INCOME CLAIMED UNDER SECTION 43E(3)(a) OF THE BANKRUPTCY ORDINANCE
(CHAPTER 6)
(Title.)
(a) Insert full name and address of applicant.
(b) Delete as applicable.
(c) Insert total amount to be paid.
(d) Insert intervals at which instalments are to be paid e.g.
weekly/monthly and amount to be paid in each instalment.
(e) Insert date to which order is to remain in force.
(f) Insert date of first payment.
(g) Insert name and address of trustee to whom payments are to be sent. in
chambers
Upon the application of (a)
And upon hearing
(b) [And upon the consent of the above-named bankrupt] it appears to the
court that the sum of $(c) should be paid by the
above-named bankrupt by (d)
to the trustee until (e)
It is ordered that the above-named bankrupt to pay (d)
out of his income, the first of such instalments to be made on or before
(f)
And it is ordered that the above-named bankrupt do send the payments to (g)
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
_________________
FORM 121 [rule 128A(2)]
ORDER FOR INCOME CLAIMED UNDER SECTION 43E(3)(b) OF THE BANKRUPTCY ORDINANCE
(CHAPTER 6)
(Title.)
(a) Insert full name and address of applicant.
(b) Delete as applicable.
(c) Insert total amount to be paid.
(d) Insert intervals at which instalments are to be paid e.g.
weekly/monthly and amount to be paid in each instalment.
(e) Insert date to which order is to remain in force.
(f) Insert full name and address of payer.
(g) Insert date of first payment.
(h) Insert name and address of trustee to whom payments are to be sent. in
chambers
Upon the application of (a)
And upon hearing
(b) [And upon the consent of the above-named bankrupt] it appears to the
court that the sum of $(c) should be paid by the
above-named bankrupt by (d)
to the trustee until (e)
It is ordered that (f)
do take (d)
out of the above-named bankrupt's income, the first of such instalments to be
paid on or before (g)
And it is ordered that (f)
do send the sums deducted to (h)
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
_________________
FORM 122
(Omitted as spent)
_________________
FORM 123 [section 59; rule 130]
NOTICE TO LANDLORD OF INTENTION TO DISCLAIM LEASEHOLD PROPERTY NOT SUBLET OR
MORTGAGED
(Title.)
(a) lease or tenancy as the case may be.
(b) Here specify property let. Take notice that I intend to disclaim the
(a) dated whereby (b)
was let to the above-named bankrupt as a rent of $
If you require the matter to be brought before the court you must give notice
thereof to me in writing within 7 days of the receipt by you of this notice.
Dated this day of , 19 .
Trustee.
To
The landlord of the above-mentioned
property.
_________________
FORM 124 [section 59; rule 130]
NOTICE OF INTENTION TO DISCLAIM LEASEHOLD PROPERTY SUBLET OR MORTGAGED
(Title.)
(a) Here insert particulars of demised property.
(b) the above-named bankrupt or as the case may be. Take notice that I
intend to disclaim the lease dated whereby (a)
was let to (b) at a rent of $
If you require the matter to be brought before the court, you must give notice
thereof to me in writing within 14 days of the receipt by you of this notice.
Dated this day of , 19 .
Trustee.
To
The landlord of the above-mentioned
premises and
To
The sub-tenant, or mortgagee.
_________________
FORM 125 [section 59; rule 130]
DISCLAIMER WITHOUT NOTICE OF INTENTION TO DISCLAIM
(Title.)
(a) lease dated the or as the case may be.
(b) Insert description of the property.
(c) on a tenancy or for a term of years or as the case may be.
(d) Insert names and addresses of persons to whom notice given. I, ,
the trustee of the property of the above-named bankrupt, hereby disclaim
the (a) of the premises (b) which were let to the above-named bankrupt
(c) at a rent of $ per
Notice of this disclaimer has been given to (d)
Dated this day of , 19 .
Trustee.
(G.N.A. 124 of 1955)
_________________
FORM 126 [section 59; rule 130]
DISCLAIMER OF LEASEHOLD PROPERTY AFTER NOTICE TO LANDLORD, MORTGAGEES, ETC.
(Title.)
(a) Here insert names and addresses of persons to whom notice of intention
to disclaim has been given.
(b) Here insert particulars of demised property.
(c) the above-named bankrupt or as the case may be.
(d) Insert names and addresses of persons to whom notice of disclaimer has
been given. Pursuant to notice dated the day of , 19 , addressed
to (a) I, , 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 $ for a term of
Notice of this disclaimer has been given to (d)
Dated this day of , 19 .
Trustee.
(Address)
_________________
FORM 127 [section 59; rule 130]
DISCLAIMER OF LEASE WITH LEAVE OF COURT
(Title.)
(a) Insert description of the property disclaimed.
Pursuant to an order of court dated the day of , 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
(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 [section 59; rule 130]
NOTICE OF DISCLAIMER WITHOUT LEAVE OF COURT
(Title.)
(a) the lease dated the day of or as the case may be.
(b) Insert description of property disclaimed.
(c) on a tenancy or for a term of years or as the case may be.
(d) Add where necessary pursuant to notice dated the day
of , 19 .
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 (a)
of the premises known as
(b) which were
let to (c) at a
rent of $ per
(d)
The above-mentioned disclaimer has been filed in court with the proceedings in
the bankruptcy [and has been registered in the Land Registry or in the
District Land Registry].
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.
(G.N.A. 124 of 1955; 8 of 1993 s. 30)
_________________
FORM 129 [section 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
, I, , the trustee of the property of the above-named bankrupt, by
writing under my hand bearing date the day of disclaimed all interest
in the lease dated the day of ,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 Registry or in the District
Land Registry].
Dated this day of , 19 .
Trustee. To
(Address) (G.N.A. 124 of 1955; 8 of 1993 s. 30)
_________________
FORM 130 [section 59; rule 130]
FORM OF NOTICE BY LANDLORD OR OTHER PERSON REQUIRING TRUSTEE TO BRING MATTER
OF INTENDED DISCLAIMER OF PROPERTY BURDENED WITH ONEROUS COVENANTS BEFORE THE
COURT
(Title.)
To Trustee of the property of the above-named bankrupt.
Sir,
I hereby give you notice that the bankrupt was, at the date of the bankruptcy
order, interested as lessee [or as the case may be] in the property described
in the schedule to this notice, and that as such lessee [or as the case may be
the bankrupt was liable in respect of [set out nature of the bankrupt's
liability] which liability has devolved on you as trustee in bankruptcy of his
property, and I hereby require you to bring the matter of your intended
disclaimer of the bankrupt's interest in the said property before the court.
I am, etc.,
(Signature) [State how interested in the property]
SCHEDULE to notice when given by lessor
Date of lease
Names, addresses and descriptions
of parties
to lease
Full description of property leased
Term
and
rent
Date of assignment
to bankrupt
(if any)
Names and addresses of parties to assignment
(if any) Particulars of any notices of mortgage of lease by bankrupt
SCHEDULE to notice when given by mortgagee or assignee
Date of lease
Names
and addresses of parties
to lease
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
(L.N. 81 of 1998)
_________________
FORM 131 [section 82(3); rule 174]
APPLICATION FOR DIRECTIONS BY TRUSTEE
(Title.)
I desire to make application to the court for its directions [here state the
particular matter in relation to which they are sought].
Trustee.
Let this application be heard on the day of , at o'clock in the noon,
and let the trustee give notice to [here insert the persons to whom it is to
be given].
Dated this day of , 19 .
Registrar. _________________
FORM 132 [section 82(3); rule 174]
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
(Repealed L.N. 81 of 1998)
_________________
FORM 134 [rule 144]
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 ], 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. at some time within 3 years immediately preceding his
death was ordinarily resident or had a place of residence or carried on
business in Hong Kong.
2. That the estate of the said A.B. is justly and truly indebted to me [or
us in the aggregate] in the sum of $ [set out amount of debt or debts
and the consideration].
3. That [I] do not nor does any person on [ my] behalf hold any security on
the said deceased debtor's estate, or on any part thereof, etc. [or as in Form
No. 10, Creditor's petition].
4. That the estate of the said A.B. is according to my information and belief
insufficient to pay his debts.
5. That the will of the said A.B. was on the day of , 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
or 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. (L.N. 81 of 1998)
_________________
FORM 135 [section 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 ], 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 I am/we are] the
legal personal representative [or representatives] of the said [debtor]
and that his will was on the day of , 19 , proved by [or that
letters of administration of his estate were on the day of , 19 ,
granted to ].
2. That the said A.B. at some time within 3 years immediately preceding his
death was ordinarily resident or had a place of residence or carried on
business in Hong Kong.
3. That the estate of [debtor] is according to my [or our] information and
belief insufficient to pay his debts.
(Signed)
Signed by the petitioner in my presence.
Signature of witness.
Address.
Description. (G.N.A. 124 of 1955; L.N. 81 of 1998)
_________________
FORM 136 [section 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 the bankruptcy, and
that the Official Receiver be the trustee, and the costs of this application
be
Dated this day of , 19 .
Registrar.
_________________
FORM 137 [section 94; rule 169]
STATEMENT TO ACCOMPANY APPLICATION FOR RELEASE
(Title.)
Statement showing position of estate at date of application for release.
Dr. Cr.
Receipts Payments
Estimated
to produce per bankrupt's statement $ ￠
By court fees ................................ $ ￠
$ ￠ $ ￠ The total receipts from date of bankruptcy order , viz- Low costs
of petition ......
Other law costs ..............
Trustee's remuneration , viz-
$ ￠ [State particulars under the several headings specified in the
bankrupt's statement of affairs.]
Receipts per trading account
Other receipts ...........
per cent on
$
assets realized ...............
per cent on
$
assets distributed in dividend ...................
___
___
Total .........................
____
____ Special manager's charges ..............
Person appointed to assist bankrupt under section 78 of the Bankruptcy
Ordinance ...............
$ ￠ Less-
Deposit returned to petitioner ................
Payments to redeem securities ................
Costs of execution .....
Auctioneer's charges ....................
Other taxed costs .........................
Costs of possession .....................
Costs of notices in Gazette and local papers
........................................
Incidental outlay ..........................
Total cost of realization .............$ Payments per trading account
.................. ____ ____ Allowance to bankrupt ..........
$ ￠
$ Preferential Creditors
Unsecured Creditors
(a) dividend of
$ per cent
on $
___
___
Net realizations .................. $
Balance .....................................
$ $
(a) 1st and final or as the case may be. If more than one paid, state each
separately.
Note.-Creditors-
$ ￠
(b) Insert number of creditors. (b) preferential
...............................................
(b) unsecured .................................................
_______________
The bankrupt'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)
(L.N. 46 of 1964; L.N. 81 of 1998)
_________________
FORM 138 [section 67; rule 123]
NOTICE TO CREDITORS OF INTENTION TO DECLARE DIVIDEND
(Title.)
(a) Insert here first or second or final or as the case may be. A (a)
dividend is intended to be declared in the above matter. You are
mentioned in the bankrupt's statement of affairs, but you have not yet
proved your debt.
If you do not prove your debt by the day of , 19 , you will be
excluded from this dividend.
Dated this day of , 19 .
Trustee.
(Address)
(L.N. 81 of 1998)
_________________
FORM 139 [section 67; rule 123]
NOTICE TO PERSONS CLAIMING TO BE CREDITORS OF INTENTION TO DECLARE FINAL
DIVIDEND
(Title.)
Take notice that a final dividend is intended to be declared in the above
matter, and that if you do not establish your claim to the satisfaction of
the court on or before the day of , 19 , 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
(Repealed L.N. 81 of 1998)
_________________
FORM 141 [section 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
, 19 .
Received of the sum of $ , being the amount payable to me/us in
respect of the dividend of per cent on my/our claim against this
estate.
------------------ $ ------------------ (Creditor's signature)
AUTHORITY
(a) Strike out words inapplicable. If not to be sent by post strike out
words in italics, and insert the name of the person who is to receive
the cheque or money order. Sir,
Please deliver (a) to me/us by post, at my/our risk or (a) to the bearer,
Mr. the cheque or money order for the dividend payable to me/us in this
matter.
(Creditor's signature)
(Date) , 19 .
To, G.H., Trustee.
(G.N.A. 124 of 1955; 31 of 1981 s. 65)
__________________
FORM 142 [section 73]
APPLICATION BY CREDITOR FOR ORDER FOR TRUSTEE TO PAY DIVIDEND WITHHELD AND
ORDER THEREON
(Title.)
I, F.K., of , make application to this court for an order to be made
upon the trustee to pay the dividend in this bankruptcy due to me, with
interest thereon for the time it has been withheld from me, that is to
say, from the day of , 19 , 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 $ , the
amount of such dividend.
And it is further ordered that the trustee do pay to the said creditor at
the same time the sum of , for interest on such dividend, being at the
rate specified under section 49 of the Supreme Court Ordinance ( Cap 4) for
the time that its payment has been withheld, together with a further sum
of for the costs of this application.
Dated this day of , 19 .
Registrar.
[If the court does not order payment, then after the words it is ordered
insert the order made.] (L.N. 81 of 1998)
_________________
FORM 143
REQUEST TO DELIVER BILL FOR TAXATION
(Title.)
(a) Here state capacity in which person employed or engaged. I hereby
request that you will, within 7 days of this date or such further time
as the court may grant, deliver to me for taxation by the Registrar
your bill
of costs [or charges] as (a) failing which I shall, in pursuance of the
Ordinance, proceed to declare and distribute a dividend without regard to any
claim you may have against me or against the estate of the debtor.
Dated this day of , 19 .
G.H.,
Trustee. _________________
FORM 144
ALLOCATUR FOR COSTS OF DEBTOR'S PETITION
(Title.)
(a) is or is not. I hereby certify-
1. That I have taxed the bill of costs of ,the debtor's solicitor, for filing
the petition herein, and have allowed the same at the sum of $ .
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 .
----------------- $ ----------------
Registrar. _________________
FORM 145 [rule 190]
CERTIFICATE BY CREDITORS' COMMITTEE AS TO AUDIT OF TRUSTEE'S ACCOUNT
We, the undersigned, members of the creditors' committee 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. Creditors' Committee E.F. ｝ (L.N. 81 of 1998)
_________________
FORM 146 [section 93; rule 191(3)]
AFFIDAVIT VERIFYING TRUSTEE'S ACCOUNT
(Title.)
* If no receipts or payments, strike out the words in italics. I, G.H.,
of , 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]
TRUSTEE'S TRADING ACCOUNT
(Title.)
G.H., the trustee of the property of the bankrupt in account with the estate.
RECEIPTS PAYMENTS
Date
$ ￠ Date $ ￠
G.H., Trustee.
(Date)
We have examined this account with the vouchers and find the same correct, and
we are of opinion that the expenditure has been proper.
Dated this day of , 19 .
Creditors' Committee [or Member of the Creditors' Committee.] (L.N. 81 of
1998)
_________________
FORM 148 [rule 168]
PROFIT AND LOSS ACCOUNT (TRADING ACCOUNT)
(Title.)
PROFIT and LOSS ACCOUNT
Dr. Cr.
Stock on hand on day of , 19 ...............
Purchases ....................................................
Trade expenses, viz $ ￠
Sales .............................................
Other receipts, if any ...................
Stock on hand on day of ,.19 ........... $ ￠
Rent and taxes ........................
Wages .....................................
Miscellaneous ........................ $ ￠ Balance being profit
..............
G.H., Trustee.
(Date)
---------------------------------------------------------------------------
--------------------------------- NOTE.-This account to be submitted when the
creditors' committee require, and in any case at the end of the trading
business carried on by the trustee. (L.N. 81 of 1998)
_________________
FORM 149 [rule 168]
AFFIDAVIT VERIFYING TRUSTEE'S TRADING ACCOUNT
(Title.)
I, G.H., of the trustee of the property of the above-named
bankrupt, make oath and say that the account hereto annexed is a full, true
and complete account of all money received and paid by me or by any person on
my behalf in respect of the carrying on of the trade or business of the
bankrupt, and that the sums paid by me as set out in such account have, as I
believe, been necessarily expended in carrying on such trade or business.
Sworn at, etc.
G.H., Trustee.
_________________
FORM 150 [section 88; rule 176]
STATEMENT OF ACCOUNTS UNDER SECTION 88
(Title.)
Receipts Payments
Date
Of whom received
Nature of receipt
Amount
Date
To whom paid
Nature of payment
Amount
$ ￠ $ ￠
(Signature)
Dated this day of , 19 .
_________________
FORM 151 [rule 182]
AFFIDAVIT BY SPECIAL MANAGER
(Title.)
I, of , make oath and say as follows-
1. The account hereunto annexed marked with the letter "A", produced and shown
to me at the time of swearing this my affidavit, and purporting to be my
account as special manager of the estate or business of the above-named debtor
[bankrupt], contains a true account of all and every sums and sum of money
received by me or by any other person or persons by my order or to my
knowledge or belief for my use on account or in respect of the said estate or
business.
2. The several sums of money mentioned in the said account hereby verified to
have been paid or allowed have been actually and truly so paid and allowed for
the several purposes in the said account mentioned.
3. The said account is just and true in all and every the items and
particulars therein contained according to the best of my knowledge and
belief.
Sworn, etc.
(Signature) (L.N. 81 of 1998)
_________________
FORM 152 [section 94; rule 169]
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 "An
order of the court releasing the trustee shall discharge him from all
liability in respect of any act done or default made by him in the
administration of the affairs of the bankrupt, or otherwise in relation to his
conduct as trustee, but any such order may be revoked on proof that it was
obtained by fraud or by suppression or concealment of any material fact."
_________________
FORM 153 [section 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];
[or That so much of the property of the bankrupt as can, according to the
joint opinion of myself and the creditors' committee, hereunto annexed in
writing under our hands, be realized without needlessly protracting the
bankruptcy, has been realized as shown by the statement hereunto annexed, and
a dividend to the amount of per cent has been paid];
[or That a voluntary arrangement has been approved by a meeting of creditors
summoned under section 20E of the Bankruptcy Ordinance.]
2. I therefore hereby apply to the court for my release.
Dated this day of , 19 .
G.H.,
Trustee. (G.N.A. 124 of 1955; L.N. 81 of 1998)
_________________
FORM 154 [rule 195]
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 $ 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.
_________________
FORM 155 [rule 47]
APPLICATION TO SET ASIDE A STATUTORY DEMAND
(Title.)
(a) Insert name and address of person to attend hearing.
(b) Insert name of debtor.
(c) Insert date.
(d) State the names and addresses of the persons to be served.
(e) State the applicant's address for service. Let (a)
attend before as follows-
Date ____________________________________________________
Time _______________________________ hours
Place ___________________________________________________
___________________________________________________
on the hearing of an application by (b)
the applicant for an order that the statutory demand
dated be set aside.
The grounds on which the applicant claims to be entitled to the order are set
out in the affidavit of the applicant sworn on
(c) a copy of which affidavit
accompanies this application.
The names and addresses of the persons upon whom this application should be
served are-(d)
The applicant's address for service is-(e)
Dated this day of , 19 .
Signed ___________________________________
(Solicitor for the) Applicant
If you do not attend, the court may make such order as it thinks fit. (L.N. 81
of 1998)
_________________
FORM 156 [rule 48]
ORDER SETTING ASIDE STATUTORY DEMAND
(Title.)
(a) Insert name and address of applicant.
(b) Insert details of any further order in the matter. Upon the
application of
(a) _________________________________
________________________________________________________
________________________________________________________
and upon hearing ___________________________________________
and upon reading the evidence.
It is ordered that the statutory demand dated ____________________ be set
aside.
And it is ordered that (b) __________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
_________________
FORM 157 [section 30D(1)]
ORDER UNDER SECTION 30D(1) OF THE BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert name, address and description of applicant.
(b) Insert name and address of Inland Revenue Official who is to produce
the documents.
(c) Delete as applicable.
(d) Insert description of documents to be produced.
(e) Insert any requirements as to the manner in which the documents are to
be produced.
(f) Insert time within which production required (not less than 21 days
after the date of the order). in chambers
Upon the application of (a)
And upon hearing
And upon reading the evidence filed
It is ordered that-
(b)
do produce to the court (c) [the following documents (d)-] [the documents set
out in the schedule to this order]
(c) [by (e)]
within (f)
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
_________________
FORM 158 [section 30D(3)]
ORDER UNDER SECTION 30D(3) OF THE BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert name, address and description of applicant.
(b) Insert details of documents to be disclosed.
(c) Insert date of order under section 30D(1) of the Bankruptcy Ordinance
(Chapter 6).
(d) Insert the name of the trustee who must be the Official Receiver, a
certified public accountant or a solicitor. See section 30D(1) of the
Bankruptcy Ordinance (Chapter 6).
(e) Insert any further order regarding means of disclosure. in chambers
Upon the application of (a)
And upon hearing
And upon reading the evidence filed
It is ordered that-
(b)
which were produced to this court in compliance with an order dated
(c)
under section 30D(1) of the Bankruptcy Ordinance (Chapter 6) be disclosed to-
(d)
And it is ordered that the above-named be at liberty to inspect and peruse the
documents so produced and to make notes of the contents thereof and to be
entitled to be supplied with copies thereof on payment of the proper charges.
(e)
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998; 23 of 2004 s. 56)
_________________
FORM 159 [section 30D(3)]
APPLICATION FOR ORDER UNDER SECTION 30D(3) OF THE BANKRUPTCY ORDINANCE
(CHAPTER 6)
(Title.)
(a) Delete as applicable.
(b) Insert details of documents to be disclosed.
(c) Insert date of order under section 30D(1) of the Bankruptcy Ordinance
(Chapter 6).
(d) Insert the name of the trustee who must be the Official Receiver, a
certified public accountant or a solicitor. See section 30D(1) of the
Bankruptcy Ordinance (Chapter 6).
(e) Insert any further order required regarding means of disclosure. I,
, the [Official Receiver and] (a) trustee of the
property of hereby
apply for an order that (b)
which were produced to this court in compliance with an order dated
(c) under section 30D(1) of the
Bankruptcy Ordinance (Chapter 6) be disclosed to-(d)
And for an order that the above-named be at liberty to inspect and peruse the
documents so produced and to make notes of the contents thereof and to be
entitled to be supplied with copies thereof on payment of the proper charges.
(e)
Dated this day of , 19 .
[Official Receiver and] (a) Trustee. (L.N. 81 of 1998; 23 of 2004 s. 56)
_________________
FORM 160 [section 30D(1)]
APPLICATION FOR ORDER UNDER SECTION 30D(1) OF THE BANKRUPTCY ORDINANCE
(CHAPTER 6)
(Title.)
(a) Delete as applicable.
(b) Insert description of documents to be produced.
(c) Insert any requirements as to the manner in which the documents are to
be produced.
(d) Insert time within which production is required (not less than 21 days
after the date of the order). I, , the [Official Receiver and] (a)
trustee of the property
of hereby apply for an
order that the Commissioner of Inland Revenue shall produce to the Court
(a) [the following documents] (b) [the documents set out in the schedule
to this order]
(b) [by (c)]
within (d)
Dated this day of , 19 .
[Official Receiver and] (a) Trustee. (L.N. 81 of 1998)
_________________
FORM 161 [rule 47]
AFFIDAVIT IN SUPPORT OF APPLICATION TO SET ASIDE STATUTORY DEMAND
(Title.)
(a) Insert name, address and description of person making the oath.
(b) Insert date.
(c) Insert one of the 8 following possibilities or if none of them is
applicable state grounds on which you consider the statutory demand
should be set aside.
(1) "Do not admit the debt because ..." [here state grounds], or
(2) "Admit the debt but not that it is payable immediately" [state reason], or
(3) "Admit the debt as to
$ , and that this is payable but that the remainder
is not immediately payable. I am prepared to pay the amount of $
, immediately" [state reason], or
(4) "Admit the debt and am prepared to secure or compound for it to the
creditor's satisfaction by ..." [state nature of satisfaction], or
(5) "Say that the debt is a secured debt" [give full details of security and
its value], or
(6) "Have a counterclaim (or set-off or cross demand) for $ being a sum equal
to (or exceeding) the claim in respect of" [here state grounds of counterclaim
etc.], or
(7) "Say that execution on the Judgment of the Court has been stayed" [give
details], or
(8) "Say that the demand does not comply with the Bankruptcy Rules (Cap 6 sub.
leg.) in that ..." [state reason]. I, (a)
________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
make oath and say as follows-
1. That on (b) the statutory
demand exhibited hereto and marked "A" came into my hands.
2. That I (c)
Sworn at _____________________
Date ________________________
Before me ____________________
Signature ___________________ (L.N. 81 of 1998)
_________________
FORM 162 [rule 44]
STATUTORY DEMAND UNDER SECTION 6A(1)(a) OF THE BANKRUPTCY ORDINANCE (CHAPTER
6) DEBT FOR LIQUIDATED SUM PAYABLE IMMEDIATELY FOLLOWING A JUDGMENT OR ORDER
OF THE COURT
(Title.)
Warning ˙ This is an important document. You must deal with this demand
within 21 days of its service upon you or you could be made bankrupt and your
property and goods taken away from you. Please read this demand and notes
carefully.
˙ If you are in any doubt about your position, you should seek advice
immediately from a solicitor.
˙ There are additional notes overleaf.
Demand
To _______________________________
Address ________________________________
________________________________ This demand is served on you by the creditor-
Name _________________________________ Address
________________________________ ________________________________ The creditor
claims that you owe the following debt and that it is payable immediately and,
to the extent of the sum demanded, is unsecured-
Amount due as
When Description at the date of
incurred of debt this demand
(1) (2) (3)
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
Amount of Debt $___________
By a Judgment/order of the ____________ court in proceedings entitled Number
__________ between Plaintiff and ________________ Defendant it was
adjudged/ordered that you pay to the Plaintiff creditor the sum of $
__________ and $ ________ for costs. The creditor demands that you pay the
above debt or compound for it to the creditor's satisfaction. Signature
_______________________________ Name (BLOCK LETTERS) ______________________
Date __________________________________ Position with or relationship to
creditor __________ ______________________________________ Address
________________________________ Tel. No. ________________________________
Ref. No. _______________________________ NB The person making the damand must
complete the whole of this page and Parts A, B and C on page 2. Notes for
Creditor
˙If the creditor is entitled to the debt by way of assignment, details of the
original creditor and any intermediary assignees should be given in Part C on
page 2.
˙If the amount of debt includes interest, details should be given in column
(2), including the grounds upon which interest is charged. The amount of
interest must be shown separately in column (3).
˙Any other charge accruing due from time to time may be claimed. The amount
or rate of the charge must be identified and the grounds on which it is
claimed must be stated.
˙In either case the amount claimed must be limited to that which has accrued
due at the date of the demand.
˙If the creditor holds any security the amount of debt should be the sum the
creditor is prepared to regard as unsecured for the purposes of this demand.
Brief details of the total debt should be included in column (2), and the
nature of the security and the value put upon it by the creditor, as at the
date of the demand, must be specified.
˙If signatory is a solicitor or other agent of the creditor the name of
his/her firm should be given.
Part A Appropriate court for setting aside demand Any application by you to
set aside this demand should be made to the Court of First Instance
Part B The person or persons to whom any communication regarding the demand
may be addressed is/are- Name and Address
____________________________________________________________
____________________________________________________________
_____________________________________________________________ Tel. No.
____________________________________________________________
____________________________________________________________
Part C For completion if the creditor is entitled to the debt by way of
assignment
Name Date(s) of Assignment Original creditor Assignees
How to comply with a statutory demand or have it set aside
If you wish to avoid a bankruptcy petition being presented against you, you
must pay the debt set out on page 1 of this notice within the period of 21
days of service upon you. Alternatively, you can attempt to come to a
settlement with the creditor. To do this you should- ˙ inform the person or
persons (or one of the persons) named in Part B above immediately that you are
willing and able to offer security for the debt to the creditor's
satisfaction; or ˙ inform the person or persons (or one of the persons) named
in Part B immediately that you are willing and able to compound for the debt
to the creditor's satisfaction. If you dispute the demand in whole or in part
you should- ˙ contact the person or persons (or one of the persons) named in
Part B immediately. If you consider that you have grounds to have this notice
set aside or if you do not receive a satisfactory written reply from the
person or persons
(or one of the persons) named in Part B before the expiration of 18 days after
the service you should- ˙ apply without delay to the Court of First Instance
to have the notice set aside.
Remember: You have only 21 days from the date of service on you of this
document before the creditor may present a bankruptcy petition. (L.N. 81 of
1998)
_________________
FORM 163 [rule 44]
STATUTORY DEMAND UNDER SECTION 6A(1)(a) OF THE BANKRUPTCY ORDINANCE (CHAPTER
6) DEBT FOR LIQUIDATED SUM PAYABLE IMMEDIATELY
(Title.)
Warning ˙This is an important document. You must deal with this demand within
21 days of its service upon you or you could be made bankrupt and your
property and goods taken away from you. Please read this demand and notes
carefully.
˙If you are in any doubt about your position, you should seek advice
immediately from a solicitor.
˙There are additional notes overleaf.
Demand To ____________________________________ Address
________________________________ ________________________________ This demand
is served on you by the creditor- Name _________________________________
Address ________________________________ ________________________________ The
creditor claims that you owe the following debt and that it is payable
immediately and, to the extent of the sum demanded, is unsecured-
Amount due as
When Description at the date of
incurred of debt this demand
(1) (2) (3)
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
Amount of Debt $___________
The creditor demands that you pay the above debt or compound for it to the
creditor's satisfaction. Signature _______________________________ Name (BLOCK
LETTERS) ______________________ Date __________________________________
Position with or relationship to creditor __________
__________________________ (duly authorized) Address
________________________________ Tel. No. ________________________________
Ref. No. _______________________________ NB The person making the damand must
complete the whole of this page and Parts A, B and C on page 2. Notes for
Creditor
˙If the creditor is entitled to the debt by way of assignment, details of the
original creditor and any intermediary assignees should be given in Part C on
page 2.
˙If the amount of debt includes interest, details should be given in column
(2), including the grounds upon which interest is charged. The amount of
interest must be shown separately in column (3).
˙Any other charge accruing due from time to time may be claimed. The amount
or rate of the charge must be identified and the grounds on which it is
claimed must be stated.
˙In either case the amount claimed must be limited to that which has accrued
due at the date of the demand.
˙If the creditor holds any security the amount of debt should be the sum the
creditor is prepared to regard as unsecured for the purposes of this demand.
Brief details of the total debt should be included in column (2), and the
nature of the security and the value put upon it by the creditor, as at the
date of the demand, must be specified.
˙If signatory is a solicitor or other agent of the creditor the name of
his/her firm should be given.
Part A Appropriate court for setting aside demand Any application by you to
set aside this demand should be made to the Court of First Instance
Part B The person or persons to whom any communication regarding the demand
may be addressed is/are: Name and Address
____________________________________________________________
____________________________________________________________
____________________________________________________________ Tel. No.
____________________________________________________________
Part C For completion if the creditor is entitled to the debt by way of
assignment
Name Date(s) of Assignment Original creditor Assignees
How to comply with a statutory demand or have it set aside
If you wish to avoid a bankruptcy petition being presented against you, you
must pay the debt set out on page 1 of this notice within the period of 21
days of service upon you. Alternatively, you can attempt to come to a
settlement with the creditor. To do this you should- ˙ inform the person or
persons (or one of the persons) named in Part B above immediately that you are
willing and able to offer security for the debt to the creditor's
satisfaction; or ˙ inform the person or persons (or one of the persons) named
in Part B immediately that you are willing and able to compound for the debt
to the creditor's satisfaction. If you dispute the demand in whole or in part
you should- ˙ contact the person or persons (or one of the persons) named in
Part B immediately. If you consider that you have grounds to have this notice
set aside or if you do not receive a satisfactory written reply from the
person or persons
(or one of the persons) named in Part B before the expiration of 18 days after
the service you should- ˙ apply without delay to the Court of First Instance
to have the notice set aside.
Remember: You have only 21 days from the date of service on you of this
document before the creditor may present a bankruptcy petition. (L.N. 81 of
1998)
_________________
FORM 164 [rule 44]
STATUTORY DEMAND UNDER SECTION 6A(2) OF THE BANKRUPTCY ORDINANCE (CHAPTER 6)
DEBT PAYABLE AT FUTURE DATE
(Title.)
Warning ˙This is an important document. You must deal with this demand within
21 days of its service upon you or you could be made bankrupt and your
property and goods taken away from you. Please read this demand and notes
carefully.
˙If you are in any doubt about your position, you should seek advice
immediately from a solicitor.
˙There are additional notes overleaf.
Demand To ____________________________________ Address
________________________________ ________________________________ This demand
is served on you by the creditor- Name _________________________________
Address ________________________________ ________________________________ The
creditor claims that you will owe the following when payment falls due on
__________________
When Description Amount of
incurred of debt future debt
(1) (2) (3)
___________ _____________ ___________
___________ _____________ ___________
___________ _____________ ___________
___________ _____________ ___________
$___________
The creditor is of the opinion that you have no reasonable prospect of paying
this debt when it falls due because* ______________________________________
______________________________________ ______________________________________
Signature _______________________________ Name
_________________________________ Date __________________________________
Position with or relationship to creditor __________
______________________________________ Address
________________________________ Tel. No. ________________________________
Ref. No. _______________________________ NB The person making the damand must
complete the whole of this page and Parts A, B and C on page 2. Notes for
Creditor
˙If the creditor is entitled to the debt by way of assignment, details of the
original creditor and any assignees should be given in Part C on page 2.
˙If the amount of debt when due will include interest, details should be
given in column (2), including the grounds upon which interest is charged.
˙Any other charge accruing due from time to time may be claimed. The amount
or rate of the charge must be identified and the grounds on which it is
claimed must be stated.
˙In either case the amount claimed must be limited to that which will have
accrued due when payment falls due on the date specified.
˙If the creditor holds any security the amount of debt should be the sum the
creditor is prepared to regard as unsecured for the purposes of this demand.
Brief details of the total debt should be included in column (2), and the
nature of the security and the value put upon it by the creditor, as at the
date of the demand, must be specified.
* Here set out the grounds for this opinion.
˙If signatory is a solicitor or other agent of the creditor the name of
his/her firm should be given.
Part A Appropriate court for setting aside demand Any application by you to
set aside this demand should be made to the Court of First Instance
Part B The person or persons to whom any communication regarding the demand
may be addressed is/are- Name and Address
____________________________________________________________
____________________________________________________________
____________________________________________________________ Tel. No.
____________________________________________________________
Part C For completion if the creditor is entitled to the debt by way of
assignment
Name Date(s) of Assignment Original creditor Assignees
How to comply with a statutory demand or have it set aside
If you wish to avoid a bankruptcy petition being presented against you, you
must within the period of 21 days of service upon you, satisfy the creditor
that you are able to meet the debt demanded when it is due. If you dispute
that the debt will be due in whole or in part or if you dispute the allegation
that you will be unable to pay the debt when it falls due or if you consider
that you may be able to offer security for the debt or to compound for it you
should- ˙ contact the person or persons (or one of the persons) named in Part
B immediately. If you consider that you have grounds to have this notice set
aside or if you do not receive a satisfactory written reply from the person or
persons
(or one of the persons) in Part B before the expiration of 18 days after
service you should- ˙ apply without delay to the Court of First Instance to
have the notice set aside.
Remember: You have only 21 days from the date of service on you of this
document before the creditor may present a bankruptcy petition. (L.N. 81 of
1998)
_________________
FORM 165 [rule 122E]
APPLICATION FOR INTERIM ORDER
(Title.)
(a) Insert name and address of person to attend hearing.
(b) Insert name of debtor.
(c) See rule 122E(4) of the Bankruptcy Rules ( Cap 6 sub. leg.). Let (a)
attend before as follows-
Date ____________________________________________________
Time _________________________ hours
Place ___________________________________________________
___________________________________________________
on the hearing of an application by (b)
the applicant for an interim order pursuant to sections 20 and 20A of the
Bankruptcy Ordinance (Chapter 6) on the grounds that he intends to make a
proposal to his creditors for a voluntary arrangement within the meaning of
section 2 of the Ordinance.
AND TAKE NOTICE that the applicant seeks an order pursuant to section 20 of
the Ordinance that, whilst any interim order is pending, all actions,
executions or other legal process against the property or person of the
applicant be stayed.
AND FURTHER TAKE NOTICE that in support of this application there will be read
the affidavit [affirmation] of the applicant sworn [affirmed] on
Dated this day of , 19 .
Ref: ____________________________________________________
Signed __________________________________________________
Solicitors for the applicant
To the court and (c) (L.N. 81 of 1998)
_________________
FORM 166 [rule 122E]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR INTERIM ORDER
(Title.)
I, ___________________________________________________ , the above-named
debtor MAKE OATH and say as follows-(a)
1. I make this affidavit in support of my application for an interim order
under sections 20 and 20A of the Bankruptcy Ordinance (Chapter 6) and pursuant
to rule 122E of the Bankruptcy Rules ( Cap 6 sub. leg.).
2. There is exhibited hereto and marked "1" a copy of my proposal.
3. There is exhibited hereto and marked "2" a copy of the notice to my
intended nominee under rule 122D of the Bankruptcy Rules ( Cap 6 sub. leg.)
endorsed to the effect that he agrees so to act.
4. The reasons for making the application are set out in my said proposal.
5. No execution or other legal process has been commenced against me. (b)
6. I am able to petition for my own bankruptcy.
7. No previous application for an interim order has been made by me or in
respect of me in the period of 12 months ending with the date of this
affidavit.
8. (c) of
is a person who is experienced in insolvency matters and is willing to act in
relation to the proposal.
(a) For the requirements of the affidavit generally. See rule 122E of the
Bankruptcy Rules ( Cap 6 sub. leg.).
(b) If this process has been commenced, full particulars must be given.
(c) Insert the name and address of the proposed nominee within the meaning
of section 2 of the Bankruptcy Ordinance (Chapter 6).
Sworn at
this day of , 19 }
Before me,
Commissioner of Oaths.
(L.N. 81 of 1998)
_________________
FORM 167 [rule 122D]
NOTICE TO INTENDED NOMINEE (a)
(Title.)
(a) See Rules 122D and 122E of the Bankruptcy Rules ( Cap 6 sub. leg.).
(b) Debtor must sign in person.
To: of
Pursuant to rule 122D of the Bankruptcy Rules ( Cap 6 sub. leg.) I hereby give
you notice of my proposal for a voluntary arrangement pursuant to sections 20
and 20A of the Bankruptcy Ordinance (Chapter 6).
There is delivered herewith a copy of the proposal.
Dated: __________________________________________________
Signed: (b) _______________________________________________
I of
do hereby confirm pursuant to rules 122D and 122E of the Bankruptcy Rules (
Cap 6 sub. leg.) that-
(1) on day of , 19 I did receive
a copy of the above notice; and
(2) I agree to act as a nominee.
Dated: __________________________________________________
Signed: __________________________________________________
Intended Nominee (L.N. 81 of 1998)
_________________
FORM 168 [rule 122F]
INTERIM ORDER UNDER SECTION 20 OF THE BANKRUPTCY ORDINANCE (CHAPTER
6)-ONE-STAGE PROCEDURE
(Title.)
ORDER
(a) Insert full name and address of applicant.
(b) To be deleted in a Case 2 application. Upon the application of (a)
And upon hearing of
And upon reading the evidence and the court having this day considered the
report of the nominee submitted pursuant to section 20D of the Bankruptcy
Ordinance (Chapter 6) and filed on
It is ordered that during the period of days beginning
with the day after the date of this order and during any extended period for
which this interim order has effect-
(b)
(i) no [further] bankruptcy petition relating to the above-named
may be presented or proceeded with; and
(ii) no other proceedings and no execution or other legal process may be
commenced or continued against the applicant or his property except
with the leave of the court.
AND IT IS FURTHER ORDERED that a meeting of the applicant's creditors be
summoned to consider the applicant's proposals, such meeting as proposed by
the nominee to be held on-
Date ____________________________________________________ Time
______________________________ hours Place
___________________________________________________
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
_________________
FORM 169 [sections 20E & 20F; rule 122N]
PROXY (INDIVIDUAL VOLUNTARY ARRANGEMENT)
+ Delete title not applicable
* Insert the name of the debtor.
Notes to help completion of the form.
Please give full name and address for communication. Please insert name of
person (who must be 18 or over) or the 'chairman of the meeting'.
+ IN BANKRUPTCY
or
+ IN THE MATTER OF * (A
DEBTOR)
and
IN THE MATTER OF THE BANKRUPTCY ORDINANCE (CHAPTER 6)
Name of creditor _________________________________________
Address _______________________________________________
______________________________________________________
Name of proxy-holder _____________________________________
______________________________________________________
______________________________________________________
I appoint the above person to be my/the creditor's proxy-holder at the meeting
of creditors to be held on __________ or at any adjournment of that meeting.
The proxy-holder is to propose or vote as instructed below [and in respect of
any resolution for which no specific instruction is given, may vote or abstain
at his/her discretion]
Any other resolutions which the proxy-holder is to propose or vote in favour
of or against should be set out in numbered paragraphs in the space provided
below paragraph 1. If more room is requested please use the other side of this
form. This form must be signed.
Only to be completed if the creditor has not signed in person. Voting
instructions for resolutions
1. For the acceptance/rejection of the proposed voluntary arrangement [with
the following modifications-]
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
Signature ______________________ Date ____________________
Name in BLOCK LETTERS ________________________________
Position with creditor or relationship with creditor or other authority for
signature _______________________________________________
______________________________________________________
______________________________________________________
Remember: There may be resolutions on the other side of this form.
(L.N. 81 of 1998)
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]