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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 of
committee of inspection as to audit of trustee's account ....................
145 Profit and loss account
...........................................................................
............ 148 Statement of accounts for creditors under section 88
............................................ 150 Trustee's trading account
...........................................................................
......... 147
Form
Action: Order restraining before receiving order
.............................................................. 24
Adjudication: Application for under section 18
.......................................................................... 75
Application for adjudication after resolution for bankruptcy or by consent
.............. 76 Application for: no quorum at adjourned meeting
.................................................. 77 Application to annul
...........................................................................
................. 79 Order of
...........................................................................
................................. 78 Order annulling
...........................................................................
....................... 80 Resolutions where adjudication resolved on
.......................................................... 36 Admission of
debt by debtor of bankrupt
.............................................................. 113
Advertisement: Of day for proceeding with public examination
.................................................... 54 Of receiving order,
etc.
...........................................................................
........... 27 Of day for hearing application for discharge
....................................................... 82
Affirmation: Form of
...........................................................................
.................................. 6
After-acquired property: Affidavit by bankrupt as to
...........................................................................
....... 93
Allocatur: For costs of debtor's petition
...........................................................................
.... 144
Bankruptcy notice: On judgment or order of court
........................................................................... ..
5 Affidavit of service
...........................................................................
................. 7 Affidavit on application to set aside
..................................................................... 8 Notice
in newspapers of substituted service
......................................................... 15 Order setting
aside
...........................................................................
.................. 9 Order for substituted service
...........................................................................
.... 16 Request for issue of
...........................................................................
................ 4
Bond on stay of proceedings: Form
...........................................................................
...................................... 19 Affidavit of justification
...........................................................................
........... 21 Notice of sureties
...........................................................................
.................... 20
Book debts: Register of assignment of
...........................................................................
........ 117
Form Committal: Affidavit in support of application for committal of debtor
under section 26 or 55 .... 96 Affidavit of non-compliance with order of
court ................................................... 104 Affidavit of
person interested in composition for committal
.................................... 95 Affidavit of trustee under
section 53(5) ................................................................
97 Application by trustee for committal of bankrupt or other person
........................... 94 Notice of application for committal under
section 20 or 110 ................................... 98 Notice of application
for committal under section 26 .............................................
99 Notice of application for committal under section 53(5)
......................................... 100 Order of committal under
section 20 or 110 ..........................................................
101 Order of committal under section 26
.................................................................... 102 Order
of committal under section 53(5)
................................................................ 103 Order for
discharge from custody
........................................................................ 106
Order for production for examination of person in prison
....................................... 107 Warrant of committal for contempt
...................................................................... 105
Composition or scheme: Affidavit in support of application for enforcement of
provisions ............................ 72 Application for enforcement of
composition or scheme ......................................... 71 Application
to extend time for approving composition or scheme and order thereon . 67
Certificate of approval of composition or scheme
................................................. 74 Notice to creditors of
application to approve composition or scheme ...................... 68 Notice
to creditors of intention to pay composition
................................................ 140 Notice to Official
Receiver of application by debtor to approve composition or scheme
...........................................................................
...................................
69 Order for enforcement of provisions of composition or scheme
............................. 73 Order on application to approve composition
or scheme ........................................ 70 Proposal for composition
...........................................................................
......... 64 Proposal for scheme
...........................................................................
............... 65 Report of Official Receiver on proposal for composition or
scheme ....................... 66
Debt: Admission of debt
...........................................................................
................... 113 Order to pay admitted debt
...........................................................................
...... 114
Deceased debtor: Petition by creditor (section 112)
......................................................................... 134
Petition by legal personal representative (section 112)
........................................... 135 Order for administration of
estate on petition ........................................................
136
Declaration of inability to pay: Declaration of inability to pay
...........................................................................
... 2
Directions: Application for by trustee
...........................................................................
......... 131 Order on application by trustee
........................................................................... .
132
Discharge: Affidavit by debtor whose discharge has been granted conditionally
as to after-acquired property
...........................................................................
...............
93 Application for
...........................................................................
........................... 81 Advertisement of date of hearing of application
...................................................... 82 Consent of bankrupt
to judgment
........................................................................... .
91 Judgment
...........................................................................
................................... 92 Notice to Official Receiver and trustee
of application .............................................. 84 Order of,
unconditionally
...........................................................................
............. 83 Order refusing discharge
...........................................................................
............ 85 Order subject to conditions as to earnings, etc.
........................................................ 86 Order subject to
conditions as to earnings, etc.
........................................................ 89 Order subject to
consent to judgment
...................................................................... 90
Order suspending discharge
...........................................................................
........ 87
Disclaimer: Without notice
...........................................................................
........................... 125 Of lease after notice
...........................................................................
.................. 126 Of lease with leave of court
...........................................................................
........ 127 Notice of disclaimer without leave of court
............................................................. 128 Notice of
disclaimer with leave of court
.................................................................. 129 Notice
to landlord of intention to disclaim lease not sublet or mortgaged
.................... 123 Notice of intention to disclaim lease sublet or
mortgaged .......................................... 124 Notice by landlord or
other person requiring trustee to bring disclaimer before court .. 130
Dividend: Application by creditor for order for trustee to pay and order
thereon ....................... 142 Notice to creditors of intention to
declare ................................................................ 138
Notice to persons claiming to be creditors of intention to declare final
dividend .......... 139 Notice of dividend
...........................................................................
...................... 141
Examination: Shorthand writer, appointment of
........................................................................... .
55 Shorthand writer, declaration by
........................................................................... ..
56 Summons under section 29
...........................................................................
......... 112
Form Gazetting and publication in newspaper: Substituted service of petition
or bankruptcy notice .................................................. 15
Transfer from separate estate to joint estate
........................................................... 154
Interim receiver: Application for, order thereon
...........................................................................
..... 13
Issues of fact: For trial by jury
...........................................................................
.......................... 133
Letters, etc.: Order for redirection (section 28)
...........................................................................
111
Meetings: First meeting: Affidavit of postage of notices
...........................................................................
.... 33 Application for extension of time for holding and order thereon
................................ 29 Certificate of postage of notices
........................................................................... ..
34 List of creditors assembled at
...........................................................................
..... 45 Memorandum of adjournment
...........................................................................
..... 37 Memorandum of proceedings at adjourned first meeting: no quorum
......................... 38 Notice to creditors where no offer of composition
or scheme ................................... 30 Notice to creditors where
debtor submits offer ........................................................
31 Notice to creditors of adjourned meeting
................................................................. 32 Notice to
debtor to attend
...........................................................................
........... 35 Resolutions where adjudication resolved on
............................................................. 36
Other meetings: Affidavit of postage of notices
...........................................................................
.... 41 Certificate of postage of notices
........................................................................... ..
42 List of creditors assembled at
...........................................................................
..... 45 Memorandum of adjournment
...........................................................................
..... 37 Notice (general form)
...........................................................................
................. 40 Notice of, to appoint new trustee
........................................................................... .
44 Notice to creditors of adjourned meeting
................................................................. 32 Notice to
creditors where debtor submits offer for composition
................................ 31 Notice to creditors to remove trustee and
to fill vacancy .......................................... 43 Order of court
for general meeting of creditors
....................................................... 39
Form Petition: Adjournment of
...........................................................................
.......................... 22 Affidavit of justification
...........................................................................
............... 21 Affidavit of service
...........................................................................
..................... 14 Affidavit of truth of statements in petition
................................................................ 11 Affidavit
of truth of statements in joint petition
......................................................... 12 Allocatur for
costs of debtor's petition
..................................................................... 144 Bond
on stay of proceedings, security, etc.
.............................................................. 19 Creditor's
petition
...........................................................................
....................... 10 Creditor's petition (section 112)
...........................................................................
... 134 Criminal bankruptcy petition
...........................................................................
........ 10A Debtor's petition
...........................................................................
......................... 3 Dismissal of
...........................................................................
............................... 23 Legal personal representative's petition
(section 112) ............................................... 135 Notice by
debtor of intention to oppose
................................................................... 17 Notice
of sureties
...........................................................................
....................... 20 Notice in newspaper of substituted service
.............................................................. 15 Order for
substituted service
...........................................................................
....... 16 Order to stay proceedings on
...........................................................................
...... 18
Postage of notices: Affidavit of (first meeting)
...........................................................................
.......... 33 Affidavit of, general
...........................................................................
................... 41 Certificate of (first meeting)
...........................................................................
....... 34 Certificate of, general
...........................................................................
................. 42
Proof: Affidavit of
...........................................................................
................................ 46B Form of
...........................................................................
..................................... 46A Form of, for debt of workmen
...........................................................................
..... 48 Notice of rejection
...........................................................................
..................... 49 By trustee in prior bankruptcy
...........................................................................
..... 47
Proxies: General
...........................................................................
.................................... 50 Special
...........................................................................
..................................... 51
Form 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
...........................................................................
............ 54 Order dispensing with
...........................................................................
................. 53 Order as to examination of person suffering from mental
or physical affliction .......... 60 Order of adjournment
...........................................................................
................. 61 Order that examination concluded
.......................................................................... 59
Shorthand writer, appointment of
........................................................................... .
63 Shorthand writer, declaration by
........................................................................... ..
56
Receiving order: Application to rescind
...........................................................................
................ 79 Notice of, etc., (for local paper)
........................................................................... .
27 Order rescinding
...........................................................................
....................... 80 Order on creditor's petition
...........................................................................
........ 26 Order on debtor's petition
...........................................................................
.......... 25
Register: Of assignment of book debts
...........................................................................
....... 117
Release: Application by trustee for
...........................................................................
........... 153 Notice to creditors of intention to apply for
............................................................ 152 Statement to
accompany notice to creditors
............................................................ 137
Request: For issue of bankruptcy notice
...........................................................................
.... 4 To deliver bill for taxation
...........................................................................
........... 143
Salary or income: Notice of application for payment to trustee of portion of
pay or salary
(section 56) 118 Order under section 56(1)
...........................................................................
........... 120 Order under section 56(2)
...........................................................................
........... 121
Form Scheme-see Composition or scheme.
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
Of accounts under section 88
...........................................................................
...... 150 To accompany application for release
..................................................................... 137
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
Trial by jury: Issues of fact
...........................................................................
............................. 133
Warrants: Search warrant
...........................................................................
.......................... 108 Against debtor about to quit Hong Kong, etc.
......................................................... 110 Of committal for
contempt
...........................................................................
.......... 105 Of seizure
...........................................................................
................................. 109 To apprehend person summoned under
section 29 ................................................... 115 Order for
production for examination of person apprehended under warrant under
section 29
...........................................................................
..................................
116
(G.N.A. 124 of 1955; L.N. 232 of 1984; L.N. 223 of 1992; L.N.22 of 95)
FORMS
FORM 1 [rule 7]
GENERAL TITLE
In the High Court of Hong Kong.
In Bankruptcy.
No. of 19 .
Re [JAMES BROWN].
Ex parte [here insert the Debtor, or J.S., a Creditor, or the Official
Receiver, or the Trustee]
___________________
FORM 2 [section 3(1)(f); rule 43]
DECLARATION OF INABILITY TO PAY
(Title)
I, A.B. [name and description of debtor], residing at [and carrying on
business at ], hereby declare that I am unable to pay my debts.
Dated this day of , 19 .
A.B.
Signed by the debtor in my presence.
Signature of witness.
Address.
Description.
Filed the day of , 19 .
___________________________________________________________________ NOTE-Where
the debtor resides at a place other than his place of business both addresses
should be inserted.
__________________
FORM 3 [section 10; rule 50]
DEBTOR'S PETITION
(Title)
(a) Insert the other address or addresses at which unsatisfied debts or
liabilities may have been incurred. I, A.B. [name and description of
debtor], residing at
[and carrying on business at (a) ] and being unable to pay my debts,
hereby petition the court that a receiving order be made in respect of my
estate [and that I may be adjudged bankrupt].
Dated this day of , 19 .
A.B. Signed by the debtor in my presence.
Signature of witness.
Address.
Description.
Filed the day of , 19 .
_____________________________________________________________ NOTE-Where the
debtor resides at a place other than his place of business both addresses
should be inserted.
___________________
FORM 4 [section 4; rule 44]
REQUEST FOR ISSUE OF BANKRUPTCY NOTICE
(Title)
(a) Insert description, name and address of judgement debtor.
(b) "me" or as the case may be.
(c) Or "Solicitor for the judgement creditor. 1. I, , of in
the of hereby request that a bankruptcy notice be issued by the
court against (a)
2. I produce a sealed copy of a final judgment or order against the
said obtained by(b) in the High Court on the day
of , 19 .
3. Execution on the said judgment or order has not been stayed.
Dated this day of , 19 .
Judgement Creditor (c)
__________________________________________________________
NOTE-Where the debtor resides at a place other than his place of business both
addresses should be inserted.
__________________
FORM 5 [section 4; rule 44]
BANKRUPTCY NOTICE ON JUDGMENT OR ORDER
(Title)
(a) Strike out if no agent authorized.
(b) Insert name of creditor.
(c) "him" or "them".
(d) "his" or "their". To A.B. [or A.B. & Co.] , of .
TAKE NOTICE that within [seven] days after service of this notice on you
excluding the day of such service you must pay to of [or to
of his (or their) agent duly authorized] (a) the sum of $ claimed
by (b) as being the amount due on a final judgment or order obtained
by (c) against you in the High Court, dated whereon execution has not
been stayed, or you must secure or compound for the said sum to (d)
satisfaction [or the satisfaction of his (or their) said agent] (a) or to the
satisfaction of the court; or you must satisfy the court that you have
a counterclaim, set-off or cross-demand against (c) which equals or
exceeds the sum claimed by (c) and which you could not set up in the
action or other proceedings in which the judgment or other was obtained.
Dated this day of , 19 .
Registrar
(e) Name of creditor.
(f) Name and address of solicitor suing out the notice, or "This notice is
sued out by in person." ENDORSEMENT ON NOTICE
You are specially to note:
That the consequences of not complying with the requisitions of this notice
are that you will have committed an act of bankruptcy, on which bankruptcy
proceedings may be taken against you.
If however, you have a counterclaim, set-off or cross-demand which equals
or exceeds the amount claimed by (e) in respect of the judgment or
order and which you could not set up in the action or other proceedings in
which the said judgment or order was obtained, you must within days
apply to the court to set aside this notice, by filing with the Registrar an
affidavit to the above effect.
(f)
_______________________
FORM 6
FORM OF AFFIRMATION
(Alternative form to be used in cases where deponent is affirmed and not
sworn, and form of jurat where affirmation has to be interpreted to deponent).
I, of do solemnly and sincerely affirm
Affirmed at the Courts of Justice, Hong Kong, this day of ,19 ,
the contents of this affirmation having been first duly interpreted to the
deponent in the language by
Sworn Interpreter
Before me,
A Commissioner, etc.
_________________
FORM 7 [rule 48]
AFFIDAVIT OF SERVICE OF BANKRUPTCY NOTICE
(Title)
In the matter of a bankruptcy notice, issued
.............................................................
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 notice, duly sealed with the seal of the court, by
delivering the same personally to the said A.B. [or C.D. a partner or E.F. a
person having at the time of service the control and management of the
partnership business there or of the business carried on under the
above-mentioned name or style] at [place] at in the noon.
2. A sealed copy of the said notice is hereunto annexed and marked
.......................
...........................................................................
............................................................
Sworn at, etc.
L.M. ___________________________________________________________________
NOTE-If the service is effected on a person having at the time of service the
control or management of the partnership business, the affidavit must, after
the description of the place of service, contain the words "being the
principal place of business of the said ."
_______________________
FORM 8 [rules 45, 46]
AFFIDAVIT ON APPLICATION TO SET ASIDE BANKRUPTCY NOTICE
(Title)
I, A.B., of make oath and say-
1. That I was, on the day of , served with the notice hereunto
annexed [or describe the notice.]
That I have satisfied the debt claimed by C.D. by [state natureof
satisfaction].
or,
2. That I have a counterclaim [or set-off or cross-demand] for $ being a sum
equal to [or exceeding] the claim of the said C.D. in respect of [here state
grounds of counterclaim].
3. That I could not have set up the said counterclaim [or as the case may be]
in the action in which the said judgment or order was obtained against me.
Sworn at, etc.
(Signature)
_____________________
FORM 9 [rule 49]
ORDER SETTING ASIDE BANKRUPTCY NOTICE
(Title)
In the matter of a bankruptcy notice issued
.....................................................................
Upon the application of A.B. to set aside this notice, and upon reading
the affidavit of A.B. [and upon hearing ], it is ordered that this
notice be set aside, and that C.D. [or as the case may be] pay to A.B. the
sum of $ for costs [or the costs of this matter].
Dated this day of , 19 .
Registrar
or,
(Title)
In the matter of a bankruptcy notice issued
.....................................................................
Upon the application of A.B. to set aside this notice, and upon
reading and hearing , and upon the said A.B. having entered into a
bond in the penal sum of [the amount of the alleged debt and probable costs or
such other sum as the court may direct], with such two sufficient sureties as
the court [or C.D.] has approved [or having deposited in court
the sum of$ ], as security for the amount claimed by the notice,
the condition of the bond [or deposit] being [ here insert condition], it is
ordered, etc.
Dated this day of , 19 .
Registrar _________________
FORM 10 [sections 6, 9; rule 56]
CREDITOR'S PETITION
(Title)
(a) Insert name of debtor.
(b) Insert present address and description of debtor.
(c) Insert address or addresses at which the debtor has lately resided or
carried on business.
Note-The address at which the debtor was residing or carrying on business when
the petitioning creditor's debt was incurred should in all cases appear in the
petition (see rule 50.) I, C.D., of [or We, C.D., of and
E.F., of ], hereby petition the court that a receiving order may
be made in respect of the estate of (a) of (b) and
lately carrying on business at [or residing at] (c), and say-
1. That the said A.B. is domiciled in Hong Kong [or has within a year next
preceding the presentation of this petition resided (or carried on business)
within Hong Kong or as the case may be, following the terms of section 6].
2. That the said A.B. is justly and truly indebted to me [or us] in the
aggregate in the sum of$ [set out amount of debt or debts and the
consideration].
3. That I [or we] do not, nor does any person on my [or our] behalf hold any
security on the said debtor's estate, or on any part thereof, for the payment
of the said sum.
or,
That I hold security for the payment of [or part of] the said sum [but that I
will give up such security for the benefit of the creditors of A.B. in the
event of his being adjudged bankrupt (or and I estimate the value
of such security at the sum of $ )].
or,
That I, C.D., one of your petitioners, hold security for the payment of etc.
That I, E.F., another of your petitioners, hold security for the payment
of,etc.
4. That A.B. within 3 months before the date of the presentation of this
petition has committed the following act [or acts] of bankruptcy, namely [here
set out the nature and date or dates of the act or acts of bankruptcy relied
on].
Dated this day of , 19 .
(Signed) C.D.
E.F.
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 by the petitioner E.F. in my
presence." If the petition be signed by a firm the partner signing should add
also his own signature, e.g. "A.S. & Co. by J.S., a partner in the said firm."
If the debtor resides at any place other than the place where he carries on
business both addresses should be inserted.
______________
ENDORSEMENT
This petition having been presented to the court on the day of , 19 , it is
ordered that this petition shall be heard at on the day of , 19 , at o'clock
in, the noon.
And you, the said A.B., are to take notice that if you intend to show cause
against the petition you must file with the Official Receiver a notice showing
the grounds upon which you intend to show cause, and post a copy of the notice
to the petitioner or his solicitor, in each case 3 days before the day on
which the petition is to be heard.
Registrar. (G.N.A. 124 of 1955; L.N. 232 of 1984)
_____________________
FORM 10A [section 9; rule 56]
CRIMINAL BANKRUPTCY PETITION
In the High Court of Justice. In Bankruptcy. (Title)
(a) Insert name of debtor.
(b) Insert present address and description of debtor.
(c) Insert address or addresses at which the debtor has lately resided or
carried on business.
*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 receiving 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) ___________________
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 the said A.B. committed the act [or acts] of bankruptcy stated to have
been committed by him in the said before-mentioned
3. That A.B. has within a year before the date of the presentation of the
petition ordinarily resided [or carried on business] at
And I the said E.F. for myself say-
4. That A.B. is justly and truly indebted to me in the sum of $ as
stated in the said before-mentioned petition.
And I the said G.H. for myself say-
5. That A.B., is, etc.
C.D.
E.F.
G.H.
Sworn by the deponents C.D., E.F., and G.H., etc.
(See note to last form.)
_________________
FORM 13 [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 OR BANKRUPTCY NOTICE
NOTICE IN NEWSPAPER
(Title)
(a) Add this in case of petition. In the matter of a bankruptcy petition
filed the day of , 19 , [or In the matter of a bankruptcy notice
issued on the day of , 19 ].
Take notice that a bankruptcy petition has been presented [or a bankruptcy
notice has been issued] against you by of and the court has ordered
that the sending of a sealed copy of the petition [or bankruptcy notice]
together with a sealed copy of the order for substituted service by
registered post addressed to and/or the publication of this notice
in the newspapers [following the terms of the order for substituted
service] shall be deemed to be service of the petition [or bankruptcy notice]
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 receiving
The petition [or bankruptcy notice] may be inspected by you on application at
the court.
Dated this day of , 19 .
Registrar
To A.B.
________________
FORM 16 [rule 48]
ORDER FOR SUBSTITUTED SERVICE OF A PETITION OR BANKRUPTCY NOTICE
(Title)
In the matter of a bankruptcy petition filed the day of [or In the
matter of a bankruptcy notice issued on the day of , 19 ].
Upon the application of and upon reading the affidavit of of in
the of .
It is ordered that the sending of a sealed copy of the above-mentioned
petition [or bankruptcy notice] together with a sealed copy of this order
by registered post addressed to at and/or by publication in
the newspapers of the presentation of such petition and the time and
place fixed for hearing the petition [or of the issuing of such bankruptcy
notice] shall be deemed to be good and sufficient service of the said
petition [or bankruptcy notice] on the said on the day of
completing such posting or publication as aforesaid.
Dated this day of , 19 .
Registrar __________________
FORM 17 [rule 68]
NOTICE BY DEBTOR OF INTENTION TO OPPOSE PETITION
(Title)
In the matter of a bankruptcy petition presented against me on
the day of , 19 , by C.D. of [or and E.F. of , G.H. of , etc.]
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 the act of bankruptcy, or to contend that , or as
the case may be.]
Dated this day of , 19 .
To the Official Receiver, and to C.D. [petitioning creditor].
___________________
FORM 18 [rule 80]
ORDER TO STAY PROCEEDINGS ON PETITION
(Title.)
In the matter of a bankruptcy petition against A.B.
of .
Upon the hearing of this petition this day, and the said A.B. appearing and
denying that he is indebted to the petitioner [where petition presented by
more than one creditor, add the name of the creditor whose debt is denied] in
the sum stated in the petition [or alleging that he is indebted o the
petitioner in a sum of a less amount than $500, or alleging that he is
indebted to C.D., one of the petitioners, in a sum less than the sum stated to
be due from him in the petition] it is ordered that the
said A.B. shall within days enter into a bond in the penal sum of [ the
amount of the alleged debt and probable costs, or such other sum as the court
may direct] with such 2 sufficient sureties as the court shall
approve to pay [or deposit with the Registrar the sum of as security for
the payment of] such sum or sums as shall be recovered against the said A.B.
by C.D. the petitioner [or one of the petitioners] in any proceeding taken or
continued by him against the said A.B., together with such costs as shall be
given by the court.
And it is further ordered that, upon the said A.B. entering into the bond
aforesaid, all proceedings on this petition shall be stayed until after the
court shall have come to a decision on the proceedings.
Dated this day of , 19 .
Registrar
(G.N.A. 124 of 1955) _________________
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 21days 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 [or In the matter of a bankruptcy
notice by C.D.] of
Take notice that the sureties whom I propose as my security in the above
matter [here state the proceeding which has rendered the sureties necessary]
are [here state the full names and descriptions of the sureties and their
residences for the last 6 months, therein mentioning the district or city,
places, streets and numbers, if any].
Dated this day of , 19 .
(Signature)
To the Registrar and to L.M. of
______________________
FORM 21 [rule 19]
AFFIDAVIT OF JUSTIFICATION
(Title)
In the matter of a bankruptcy petition against A.B. of [or In the matter
of a bankruptcy notice by L.M. against A.B. of ].
I, 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 High Court in
the sum of $ ; for G.H., at the suit of I.K., in the High Court 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. ver 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) _______________
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 RECEIVING ORDER
(Title)
Upon the application of and upon reading it is ordered that L.M. of
shall be restrained from taking any further proceedings in the action brought
by him [or upon the judgment recovered or obtained by him] against the said
A.B. in [here state the number of the action] [or it is ordered that the
proceedings in the action (or suit) brought by him against the said A.B. in
(here state the number of the action) may be proceeded with on (here insert
the terms fixed by the court)].
Dated this day of , 19 .
Registrar
______________________
FORM 25 [section 5; rules 69 & 75]
RECEIVING ORDER ON DEBTOR'S PETITION
(Title)
On the petition of the debtor himself, filed the day of , 19 , ,
a receiving order is hereby made against A.B. [insert name, addresses and
descriptions 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)
______________________
FORM 26 [section 5; rules 69 & 75]
RECEIVING 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 and it
appearing to the court that the following act or acts of bankruptcy has or
have been committed, viz.-
[Set out the nature and date or dates of the act or acts of bankruptcy on
which the order is made]
A receiving order is hereby made against A.B. [insert name, addresses and
descriptions of debtor as set out in petition] and the Official Receiver 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)
______________________
FORM 27 [sections 22(2) & 78(1)(f); rule 78]
NOTICE OF RECEIVING ORDER, ETC. (for local newspaper)
(Title)
Receiving order made
...........................................................................
............................... Date and place of first meeting
...........................................................................
................. Date of public examination
...........................................................................
........................ Date of adjudication (if any)
...........................................................................
......................
Note-All debts due to the estate should be paid to me.
Official Receiver
Dated this day of , 19 .
_____________________
FORM 28
(Repealed L.N. 22 of 1995)
____________________
SCHEDULE (rules 1 & 2)
FORM 28A Page 1
IN THE HIGH COURT 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 Receiving 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
Receiving 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 Receiving 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 ________________________
(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) ;ess (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)
_______________________
FORM 28B Page 1
IN THE HIGH COURT 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 Receiving 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 schdule 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 Receiving 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 Receiving 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 cloumn
(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)
___________________
FORM 29 [Meetings of Creditors
Rules, rule 1]
APPLICATION FOR EXTENSION OF TIME FOR HOLDING FIRST MEETING AND ORDER THEREON
(Title)
Ex parte the Official Receiver
(a) Strike out such of the grounds as are not applicable.
I, , the Official Receiver in the above matter, apply to the court for
an extension of time to the day of , 19 ., for holding the first
meeting of creditors, on the ground following (a)-
That the said debtor has not submitted a statement of and in relation to his
affairs in compliance with section 18 of the Bankruptcy Ordinance (Chapter 6).
or
That the said debtor has obtained in extension of time for submitting a
statement of and in relation to his affairs, viz. to the day of , 19
.
or
That the prescribed notice in the Gazette of the first meeting of creditors in
the above matter required by rule 2 of the Meetings of Creditors Rules cannot
be given in time for holding the meeting within 14 days from the date of the
receiving order.
or
That there may be sufficient time for the books of the debtor to be examined
and the statement of affairs investigated.
Dated this day of , 19 .
Official Receiver
______________________
ORDER THEREON
Upon the application of the Official Receiver it is ordered that the time for
holding the first meeting of creditors in the above matter be extended to the
day of , 19 .
Dated this day of , 19 .
Registrar _________________
FORM 30 [section 17; rule 101]
NOTICE TO CREDITORS OF FIRST MEETING, WHERE THE DEBTOR HAS NOT SUBMITTED A
PROPOSAL FOR A COMPOSITION OR SCHEME
(Title)
(Under receiving order dated the day of , 19 .)
Notice is hereby given that the first meeting of creditors in the above
matter will be held at the Official Receiver's Office, (state
address) on the day of , 19 , at o'clock in the noon.
A form of proof and forms of general and special proxy are sent herewith.
To entitle you to vote thereat your proof must be lodged with me not later
than 24 hours before the time appointed for the meeting.
Proxies to be used at the meeting must be lodged with me not later than 24
hours before the time appointed for the meeting.
The public examination of the debtor is fixed for the day of , 19 ,at
o'clock in the noon, at the Courts of Justice.
Any creditor who has tendered a proof, or his representative authorized in
writing, may question the debtor on his public examination concerning his
affairs and the causes of his failure.
Dated this day of , 19 .
Official Receiver
(a) Here insert "has not been lodged" or "has been lodged." (The debtor's
statement of affairs (a) .)
______________________________________________________________
NOTE-At the first meeting the creditors may amongst other things-
1. By ordinary resolution resolve that the debtor be adjudged bankrupt, and in
that case they may also, by ordinary resolution, appoint a trustee.
2. By ordinary resolution appoint a committee of inspection from among the
creditors or the holders or intended holders of general proxies or general
powers of attorney for the creditors. (G.N.A. 124 of 1955)
______________________
FORM 31 [sections 17 & 25; rules 101 & 102]
NOTICE OF FIRST OR OTHER MEETING WHERE DEBTOR SUBMITS AN OFFER OF COMPOSITION
OR SCHEME
(Title)
(Under receiving order, dated the day of , 19 .)
Notice is hereby given that the first [or a general] meeting of the creditors
of the above-named debtor will be held at the Official
Receiver's Office, (state address) on the day of , 19 , at o'clock
in the noon precisely.
Creditors qualified to vote at such meeting may, by a resolution passed by a
major in number, and three-fourths in value, of all the creditors who have
proved their debts, accept the proposal made by the debtor for a composition
[or scheme], the terms of which are set forth in the accompanying report, or
any amendment of such proposal which in the opinion of the Official Receiver
is calculated to benefit the general body of creditors.
A form of proof and forms of general and special proxy are sent herewith.
Proofs of debt intended to be used at the meeting must be lodged with the
Official Receiver not later than 24 hours before the time appointed for the
meeting.
Proxies to be used at the meeting must be lodged not later than 24 hours
before the time appointed for the meeting.
Creditors who prove their debts, and whose proofs are admitted, and who do not
vote on the debtor's proposal, will be reckoned as voting against it.
The public examination of the debtor is fixed for the day of , 19 ,
at o'clock in the noon, at (state address).
Any creditor who has tendered a proof, or his representative authorized in
writing, may question the debtor on his public examination concerning his
affairs and the causes of his failure.
Dated this day of , 19 .
Official Receiver
___________________________________________________________________ NOTES 1.
Creditors who have proved may vote for or against the acceptance of the
debtor's proposal by means of the voting letter attached to the Official
Receiver's report. 2. If the proposal be not accepted the meeting may, if the
debtor has not already been adjudged bankrupt, resolve on his adjudication,
and in that case they may also by ordinary resolutions appoint a trustee and a
committee of inspection. (G.N.A. 124 of 1955)
______________________
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. FIRST 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 debtor's statement of affairs, and to the above-named debtor, a notice of
the time and place of the (a) first meeting of creditors.
2. That such notices were addressed to the said creditors respectively,
according to their respective names and addresses appearing in the statement
of affairs of the said debtor, and also to the said debtor at
3. That the post office acknowledgment or the same is hereunto annexed and
marked "A".
Sworn at, etc.
(Signature) ___________________
FORM 34 [rule 105]
CERTIFICATE OF POSTAGE OF NOTICES. FIRST MEETING
(Title)
(a) 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 debtor's statement of affairs, a notice of the time and place of the
(a) first meeting of creditors.
2. That such notices were addressed to the said creditors respectively
according to their respective names and addresses appearing in the statement
of affairs of the said debtor.
3. That the post office acknowledgment for the same is hereunto annexed and
marked "A".
4. That I did on the said day of , 19 , send by registered post notice
of the time and place of the said meeting to the said debtor, and that such
notice was sent to the following address-
Dated this day of , 19 .
Clerk to the Official Receiver
__________________
FORM 35 [rule 100]
NOTICE TO DEBTOR TO ATTEND FIRST MEETING OF CREDITORS
(Title)
Take notice that the first meeting of your creditors will be held on the
day of , 19 , at o'clock at the Official Receiver's Office, (state
address) and that you are required to attend thereat and submit to such
examination and give such information as the meeting may require. And further,
take notice that if you fail to comply with the requirements of this notice
you will be guilty of contempt of court and may be punished accordingly.
Dated this day of , 19 .
Official Receiver
To
the above-named debtor.
_______________________
FORM 36 [Meetings of Creditor rules, rule 26]
RESOLUTIONS WHERE ADJUDICATION RESOLVED ON
(Title)
Minutes of resolutions come to and proceedings had at the first meeting of
creditors held at this day of, , 19 , , Official Receiver, Chairman.
Resolved as follows [unanimously]-
That A.B. shall be adjudged bankrupt, and that the Official Receiver do apply
to the court to make the adjudication.
That G.H. of [residence and occupation] [or That the Official Receiver] shall
be the trustee of the property of the bankrupt.
That I.K., L.M., N.O., P.Q. and R.S. be appointed the committee of inspection
in this bankruptcy, for the purpose of superintending the administration of
the property of the bankrupt by the trustee.
[Here add any other resolutions that may be come to as to the manner of the
administration of the property by the trustee, etc.]
Chairman
Number Assenting creditors' signatures
Amount of proof Number Dissenting creditors' signatures Amount of proof
$ cts $ cts NOTE-When a resolution is carried unanimously the creditors need
not sign, but when a division is taken all creditors and holden of proxies
voting should sign. The signatures must be attached at the meeting.
Resolutions should be put separately.
_______________________
FORM 37 [rule 107]
MEMORANDUM OF ADJOURNMENT OF FIRST OR OTHER MEETING
(Title)
(a) "first" or as the case may be.
(b) Here state reason for adjournment. Meeting held at on the day of ,
19 , at o'clock.
Memorandum- The (a) meeting of creditors in the above matter was held at
the time and place above-mentioned, and the several proofs of debt lodged
were produced; but it appearing that (b) the meeting was adjourned
until the day of , 19 , at o'clock in the noon, then to be held at the
same place.
Chairman
FORM 38
MEMORANDUM OF PROCEEDINGS AT ADJOURNED FIRST MEETING WHERE NO QUORUM
(Title)
Meeting held at on the day of , 19 , at o'clock.
Memorandum- The adjourned meeting of creditors in the above matter was held at
the time and place above-mentioned, and the several proofs of debt lodged were
produced; but it appearing that there was not a quorum of creditors qualified
to vote present or represented no resolution was passed, and the meeting was
not further adjourned.
Chairman
______________________
FORM 39 [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 [rule 105]
AFFIDAVIT OF POSTAGE OF NOTICES (GENERAL)
(Title)
(a) Insert here "the time and place of a general meeting or adjourned
general meeting" or as the case may be. I,
the trustee [or clerk to the trustee, as the case may be] in the above matter,
make oath and say as follows-
1. That I did on the day of , 19 , send to each creditor who has
proved in this matter, and also to all creditors mentioned in the debtor's
statement of affairs, a notice of (a)
2. That such notices were addressed to such of the said creditors who have
proved their debts according to the addresses in their respective proofs, and
to such as have not proved, according to their respective names and addresses
appearing in the statement of affairs of the said debtors.
3. That the post office acknowledgment for the same is hereunto annexed and
marked "A".
Sworn at, etc.
(Signature)
______________________
FORM 42 [rule 105]
CERTIFICATE OF POSTAGE OF NOTICES (GENERAL)
(Title)
(a) Insert here "the time and place of a general meeting or adjourned
general meeting" or as the case may be.
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 who has
proved in this matter, and also to all creditors mentioned in the debtor's
statement of affairs, a notice of (a)
2. That such notices were addressed to such of the said creditors who have
proved their debts according to the addresses in their respective proofs, and
to such as have not proved, according to their respective names and addresses
appearing in the statement of affairs of the said debtor.
3. That the post office acknowledgment for the same is hereunto annexed and
marked "A".
Dated this day of , 19 .
Clerk to the Official Receiver
______________________
FORM 43 [rule 102]
NOTICE TO CREDITORS OF MEETING TO REMOVE TRUSTEE AND TO APPOINT A PERSON TO
FILL THE VACANCY
(Title)
At the request of one-fourth in value of the creditors of the bankrupt a
general meetingof 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 Committee of Inspection [or Official Receiver]
_______________________
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
receiving order has been made].
Dated this day of , 19 .
Official Receiver
_____________________
FORM 45 [rule 2]
LIST OF CREDITORS ASSEMBLED. TO BE USED AT EVERY MEETING
(Except a meeting at which a scheme or composition has been considered.)
(Title)
Meeting held at this day of ,19 .
Number Names of creditors present or represented Amount of proof 1 2 3 4 5 6 7
7
Total number of creditors present or represented $ cts
____________________
FORM 46 [rule 109]
(Repealed L.N. 223 of 1992)
______________________
FORM 46A [rule 109]
PROOF OF DEBT-GENERAL FORM
IN THE HIGH COURT 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 Receiving 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 receiving 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 first meeting 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)
______________________
FORM 46B [rule 109]
AFFIDAVIT OF DEBT
IN THE HIGH COURT 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 receiving 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)
_______________________
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 receiving [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
______________________
FORM 48 [rule 110]
PROOF OF DEBT OF WORKMEN
(Title)
(a) Fill in full name, address and occupation of deponent.
(b) the above-named debtor or the foreman of the above-named debtor or on
behalf of the workmen and others employed by the above-named debtor.
(c) 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 receiving 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 workmen or others in
(d) in respect of services rendered by them respectively to (e)
during such periods before the date of the receiving order as are set out
against their respective names in the fifth column of such schedule, for which
said sums, or any part thereof, 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 workman 3
Address 4
Description 5
Period
over which wages due 6
Amount due
$ cts
______________________
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 High
Court or the Official Receiver], hereby certify that all insertions in the
above proxy are in my own handwriting, and have been made by me at
the request of the above-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) ___________________
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 composition or scheme of
arrangement;
(b) for or against the appointment of any specified person as trustee or
as member of the committee of inspection, or for or against the
continuance in office of any specified person, as trustee or member of
a committee of inspection;
(c) on all questions relating to any matter, other than those above
referred to, arising at any specified meeting or adjournment thereof.
2. The authorized agent of a corporation may fill up blanks, and sign for the
corporation thus-
For the Company, Limited
J.S.(duly authorized under the seal of the company)
3. A proxy given by a creditor may be filled up and signed by any person in
the employ of 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 High
Court or the Official Receiver], hereby certify that all insertions in the
above proxy are in my own handwriting, and have been made by me at the request
of the above-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)
______________________
FORM 52 [section 19]
APPLICATION BY THE OFFICIAL RECEIVER FOR AN ORDER APPOINTING A SITTING FOR THE
PUBLIC EXAMINATION OF THE DEBTOR
(Title)
A receiving order having been made in the above matter, application is hereby
made to the court by the Official Receiver for an order appointing
the day of at o'clock in the noon at or such other time and place
as the court shall direct for holding the public examination of the debtor,
and that the debtor do attend such public examination.
Dated this day of , 19 .
Official Receiver
(G.N.A. 124 of 1955) _____________________
FORM 53 [section 19]
ORDER APPOINTING A TIME FOR THE PUBLIC EXAMINATION OF THE DEBTOR
(Title)
Upon the application of the Official Receiver in the above matter, it is
ordered that the public examination of the above-named debtor he held at
the High Court, on the day of at o'clock in the noon.
And it is ordered that the above-named debtor do attend at the place and time
above-mentioned.
Dated this day of , 19 .
Registrar
___________________________________________________________________
NOTE-Notice is hereby given that if you, the above-named debtor, fail, without
reasonable excuse, to attend at the time and place aforesaid you will be
liable to be committed to prison without further notice.
_______________________
FORM 54 [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 debtor, which, on the day of , 19 , was
adjourned sine die.
Dated this day of , 19 .
Official Receiver __________________
FORM 55 [section 19; rule 23]
APPOINTMENT OF SHORTHAND WRITER TO TAKE EXAMINATION OF DEBTOR
(Title)
Upon the application of the Official Receiver the court hereby,
pursuant to rule 23 of the Bankruptcy Rules, appoints of to take the
examination of the said at his public examination this day.
Dated this day of , 19 .
Registrar
______________________
FORM 56 [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 DEBTOR WHERE A SHORTHAND WRITER IS APPOINTED
(Title)
Public examination of the debtor held this day of , 19 , before .
The above-named debtor, being sworn and examined at the time and place
above-mentioned, upon the several questions following being put to him, gave
the several answers thereto respectively following each question, that is to
say-
A
This is a transcript of the notes of the public examination of , held
this day of , 19 .
Shorthand writer duly appointed under rule 23,
or
Shorthand writer attached to the Official Receiver's Office.
(G.N.A. 124 of 1955) ________________________
FORM 58 [section 19; rule 23]
NOTES OF PUBLIC EXAMINATION OF DEBTOR WHERE SHORTHAND WRITER IS NOT APPOINTED
Public examination of the debtor held this day of , 19 , before .
The above-named debtor being sworn and examined at the time and place
above-mentioned, upon his oath saith as follows-
A
These are the notes of the examination of , held this day of , 19
.
Signature of person taking the notes
(G.N.A. 124 of 1955) ___________________
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 [section 19; rule 87]
ORDER DISPENSING WITH PUBLIC EXAMINATION OF DEBTOR
(Title)
(a) Insert name and address of applicant, and the capacity in which he
makes the application.
(b) State what the disability is. Upon the application of the Official
Receiver [or of (a) of ] in the above matter, and upon reading and
upon hearing , and it appearing to the court that the debtor is (b) ,
it is ordered that the public examination of the debtor be dispensed with.
Dated this day of , 19 .
Registrar __________________
FORM 61 [section 19; rule 87]
ORDER AS TO EXAMINATION OF DEBTOR WHO IS SUFFERING FROM
MENTAL OR PHYSICAL AFFLICTION OR DISABILITY
(Title)
(a) Insert name and address of applicant, and the capacity in which he
makes the application.
(b) The part of the order to be adapted to the circumstances of the case.
(c) Insert place of examination.
(d) Insert name of any other person authorized by the court to attend.
Upon the application of the Official Receiver [or of (a) of ] in the
above matter, and upon reading ,and upon hearing , and it appearing
to the court that the debtor is suffering from physical disability which makes
him unfit to attend a public examination in court [or as the case may be] it
is ordered that instead of a public examination of the debtor
(b) the debtor be examined on oath at (c) before the Registrar on
the day of , 19 , at o'clock or such other time as having regard to
the condition of the debtor may be convenient, and that the Official
Receiver and trustee and (d) be at liberty to attend such examination
and take part therein.
Dated this day of , 19 .
Registrar
______________________
FORM 62 [section 19(8)]
MEMORANDUM OF PUBLIC EXAMINATION OF DEBTOR
(Title) Memorandum-That I, the above-named debtor, being sworn and examined
upon my oath say that the notes of my public examination marked "A", and
appended hereto, were read over by or to me and are correct.
And I further say that, at the time of this my examination, 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 .
Debtor __________________
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 [sections 20 & 25]
PROPOSAL FOR A COMPOSITION
(Title)
I, , the above-named debtor, hereby submit the following proposal for
a composition in satisfaction of my debts-
1. That payment in priority to all other of my debts of all debts directed to
be so paid in the distribution of the property of a bankrupt shall be provided
for as follows-
[Set out terms of proposal so far as relate to preferential claims.]
2. That provision for payment of all the proper costs, charges and expenses of
and incidental to the proceedings, and all fees and percentages payable to the
Official Receiver and the court, shall be made in the following manner-
[Set out proposal for provisions for fees, charges, costs, etc.]
3. That the following composition shall be paid as hereinafter mentioned on
all provable debts- [Set out terms of composition.]
4. That the payment of the composition be secured in the following manner-
[Set out full names and addresses of sureties (if any) and
complete particulars of all securities intended to be given.]
Dated this day of , 19 .
(a) To be signed by the debtor or in case of joint debtors to be signed in
the firm name by such of the debtors as the Official Receiver shall
require. (Signed) (a)
______________________
FORM 65 [sections 20 & 25]
PROPOSAL FOR A SCHEME
(Title)
I, , the above-named debtor, hereby submit the following proposal
for a scheme of arrangement of my affairs in satisfaction of my debts.
1. That-
[Set out terms of scheme.]
2. That payment in priority to all other of my debts of all debts directed to
be so paid in the distribution of the property of a bankrupt is provided for
as follows-
[Set out or indicate by reference to the scheme how it is proposed to satisfy
preferential claims.]
3. That provision for payment of all the proper costs, charges and expenses of
and incidental to the proceedings, and all fees and percentages payable to the
Official Receiver and the court, is provided for as follows-
[Set out or indicate by reference to the scheme how it is proposed to provide
for fees, costs, charges, etc.]
[Set out any other terms.]
Dated this day of , 19 .
(a) To be signed by the debtor, or in the case of joint debtors, to be
signed in the firm name by such of the debtors as the Official
Receiver shall require. (Signed) (a) ____________________
FORM 66 [sections 20 & 25]
REPORT OF OFFICIAL RECEIVER TO CREDITORS ON PROPOSAL FOR COMPOSITION OR SCHEME
(Title)
The Official Receiver hereby reports-
1. That the debtor has lodged with him a proposal for a composition [or
scheme] to be submitted to the creditors, of which the following is a copy-
[Here set out fully the terms of proposal]
2. That the liabilities as shown by the debtor's statement of affairs
amount to the sum of ,and the assets are estimated by the debtor at
the sum of after payment of preferential debts.
3. That the value of the assets is fairly estimated by the debtor [or as the
case may be].
4. That the terms of the debtor's proposal [set out particulars of proposal
and observations on the proposal and the debtor's conduct.]
Dated this day of , 19 .
Official Receiver
______________________
FORM 67
APPLICATION TO EXTEND TIME FOR APPROVING A COMPOSITION OR SCHEME AND ORDER
THEREON
(Title)
(a) "composition" or "scheme of arrangement".
(b) "the prescribed notices cannot be given"; or "the moneys or securities
required for the said (a) have not been lodged"; or as the case may
be. Ex parte the Official Receiver.
The Official Receiver reports to the court-
That a (a) was on the day of , 19 , duly lodged by the debtor in
the above matter.
That the public examination of the debtor was concluded on the day of
, 19 .
That (b) in time to allow of the approval of the said (a) within
14 days after the conclusion of the examination of the debtor as required by
section 22 of the Bankruptcy Ordinance (Chapter 6).
In these circumstances, application is made for an extension of time to
the day of , 19 , for obtaining such approval.
Dated this day of , 19 .
Official Receiver
ORDER
Upon reading the above report of the Official Receiver, and hearing ,
it is ordered that the time for obtaining the approval of the said (a)
in the above matter be extended to the day of , 19 .
Dated this day of , 19 .
Registrar
______________________
FORM 68 [section 20(5)]
NOTICE TO CREDITORS OF APPLICATION TO COURT TO APPROVE COMPOSITION OR SCHEME
OF ARRANGEMENT
(Title)
Take notice that application will be made to the court, on the day
of , 19 , at o'clock in the noon to approve the composition [or scheme
of arrangement] as proposed by the said debtor and duly accepted by the
statutory majority of the creditors at a meeting held on the day of ,
19 .
Dated this day of , 19 .
Official Receiver
______________________
FORM 69
NOTICE TO OFFICIAL RECEIVER OF APPLICATION TO COURT BY DEBTOR TO APPROVE
COMPOSITION OR SCHEME
(Title)
Take notice that application will be made to the court on the day of ,
19 , at o'clock in the noon, to approve the composition [or scheme]
accepted on the day of , 19 , by the statutory majority of creditors.
Dated this day of , 19 .
Debtor
______________________
FORM 70 [section. 20(12); rule 12]
ORDER ON APPLICATION TO APPROVE COMPOSITION OR SCHEME
(Title)
On the application of and on reading the report of the Official
Receiver filed on the day of , and hearing the Official Receiver
and , and the court being satisfied that the creditors in the above
matter have duly accepted a composition [or scheme] in the following terms,
namely [here insert terms if short; if not, insert in the terms contained in
the paper writing marked "A", annexed hereto]* and being satisfied that the
said terms are reasonable and calculated to benefit the general body of
creditors+ and that the case is not one in which the court would be required,
if the debtor were adjudged bankrupt, to refuse an order of discharge.
[and as the case may be]
And being satisfied-
(a) that no facts have been proved which would justify the court in
refusing, qualifying or suspending an order of discharge;
or
(b) that facts have been proved which would justify the court in refusing,
qualifying or suspending an order of discharge; but that having regard
to the nature of such facts, and the composition [or scheme] providing
reasonable security for payment of not less than 25 per cent on all
the unsecured debts provable against the debtor's estate, the said
composition [or scheme] is hereby approved, and it is ordered-
(a) That the receiving order made against the said on the day of, 19
, be and the same is hereby discharged,
or
(b) That the order of adjudication made against the said on the day
of , 19 , be and the same is hereby annulled.
or insert after *, if appropriate,
and being satisfied that the said terms are not reasonable or calculated to
benefit the general body of creditors
and [or insert after +, if appropriate, and being satisfied]
(a) that the case is one in which the court would be required, if the
debtor were adjudged bankrupt, to refuse his discharge;
or
(b) that facts have been proved which would, under the Ordinance, justify
the court in refusing, qualifying or suspending the debtor's
discharge.
The court doth refuse to approve the said composition [or scheme].
Dated this day of , 19 .
Registrar
______________________
FORM 71 [section 20(15)]
APPLICATION FOR ENFORCEMENT OF PROVISION IN A COMPOSITION OR SCHEME
(Title)
In the matter of a composition [or scheme of arrangement] made by A.B.,of
I, L.M., of , do apply to this court for an order for the enforcement
of the provisions of the said composition (or scheme of arrangement)
against ,on the grounds set forth in the annexed affidavit.
Dated this day of , 19 .
L.M.
______________________
FORM 72 [section 20(15)]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR ENFORCEMENT OF PROVISIONS OF A
COMPOSITION OR SCHEME
(Title)
In the matter of a composition [or scheme of arrangement] made by A.B.,of
I, L.M., of, make oath and say-
1. That I am interested in the said composition [or scheme of arrangement],
having proved my debt as a creditor of the said A.B. [or as the case may be].
2. That [one] of the provisions of the said composition [ or scheme of
arrangement] is [or are] that [ here set it or them out].
3. That has failed to comply with the said provision [or as the case may
be].
Sworn at, etc.
L.M.
_______________________
FORM 73 [section 20(15)]
ORDER FOR ENFORCEMENT OF PROVISION IN A COMPOSITION OR SCHEME
(Title)
In the matter of a composition [or scheme of arrangement] made by A.B.,of
Upon the application of L.M., of , and reading [here insert evidence],
and upon hearing , the court being of opinion that the provisions of the
said composition [or scheme of arrangement] mentioned in the said affidavit
should be enforced, it is ordered that [here insert order].
Dated this day of , 19 .
Registrar
To
Take notice that unless you obey the directions contained in this order, you
will be deemed to have committed a contempt of court.
_____________________
FORM 74
CERTIFICATE OF APPROVAL OF COMPOSITION OR SCHEME
(Title)
I hereby certify that a composition (or scheme of arrangement between A.B., of
, the above-named debtor, and his creditors was duly approved