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BANKRUPTCY (FORMS) RULES - SCHEDULE SCHEDULE
(Past version on 12/02/2005).
(Past version on 08/09/2004).
(Past version on 01/04/1998).
(Past version on 01/07/1997).
(Past version on 30/06/1997).
FORMS
INDEX
Form
Accounts:
Affidavit verifying trustee's account
........................................................... 146
Affidavit verifying trustee's trading account
................................................ 149
Affidavit verifying special manager's account
............................................. 151
Certificate by creditors' committee as to audit of trustee's account
............... 145
Profit and loss account
...........................................................................
... 148
Statement of accounts under section 88
...................................................... 150
Trustee's trading account
..........................................................................
147
Action:
Order restraining before bankruptcy order
................................................... 24
Advertisement:
Of day for proceeding with public examination
............................................. 54
Of bankruptcy order, etc.
...........................................................................
27
Allocatur:
For costs of debtor's petition
.......................................................................
144
Bankruptcy Order:
Application to annul
...........................................................................
......... 79
Notice etc. (for local newspaper)
............................................................... 27
Order annulling
...........................................................................
............... 80
Order on creditor's petition
.........................................................................
26
Order on debtor's petition
...........................................................................
25
Bond on stay of proceedings:
Affidavit of justification
...........................................................................
... 21
Form
...........................................................................
.............................. 19
Notice of sureties
...........................................................................
............ 20
Book debts:
Register of assignment of
...........................................................................
117
Committal:
Affidavit in support of application for committal of bankrupt under
section 26
or 55
...........................................................................
............................
96
Affidavit of non-compliance with order of court
........................................... 104
Affidavit of trustee under section 53(5)
....................................................... 97
Application by trustee for committal of bankrupt or other person
................... 94
Notice of application for committal under section 110
................................... 98
Notice of application for committal under section 26
..................................... 99
Notice of application for committal under section 53(5)
................................. 100
Order of committal under section 110
.......................................................... 101
Order of committal under section 26
............................................................ 102
Order of committal under section 53(5)
....................................................... 103
Order for discharge from custody on contempt
............................................ 106
Order for production of person in prison for examination before the court
...... 107
Warrant of committal for contempt
............................................................. 105
Debt:
Admission of debt
...........................................................................
........... 113
Order to pay debt
...........................................................................
............ 114
Deceased debtor:
Petition by creditor (section 112)
................................................................ 134
Petition by legal personal representative (section 112)
.................................. 135
Order for administration of estate on petition
................................................ 136
Directions:
Application for by trustee
...........................................................................
131
Order on application by trustee
................................................................... 132
Discharge:
Application by bankrupt under section 30A(7) of the Bankruptcy Ordinance
for lifting a suspension of the running of the relevant period for
discharge ....
85
Application for early discharge under section 30B(1) of the Bankruptcy
Ordinance
...........................................................................
....................
84
Certificate of discharge
...........................................................................
... 88
Certificate that order suspending discharge has been lifted
............................ 87
Notice of intention to object to bankrupt's discharge under section 30A(4)
of the Bankruptcy Ordinance
.......................................................................
82
Notice to creditors by trustee under section 30A(5) of the Bankruptcy
Ordinance
...........................................................................
.....................
83
Order of suspension of discharge under section 30A(3) of the Bankruptcy
Ordinance
...........................................................................
....................
81
Order of court lifting suspension of discharge
............................................... 86
Disclaimer:
Notice of disclaimer without leave of court
.................................................. 128
Notice of disclaimer with leave of court
....................................................... 129
Notice to landlord of intention to disclaim lease not sublet or mortgaged
......... 123
Notice of intention to disclaim lease sublet or mortgaged
............................... 124
Notice by landlord or other person requiring trustee to bring disclaimer
before court
...........................................................................
............................
130
Of lease after notice
...........................................................................
....... 126
Of lease with leave of court
........................................................................
127
Without notice
...........................................................................
................ 125
Dividend:
Application by creditor for order for trustee to pay and order thereon
............ 142
Notice to creditors of intention to declare
..................................................... 138
Notice to persons claiming to be creditors of intention to declare final
dividend
...........................................................................
.......................................
139
Notice of dividend
...........................................................................
........... 141
Examination:
Shorthand writer, appointment of
................................................................. 55
Shorthand writer, declaration by
.................................................................. 56
Summons under section 29
.........................................................................
112
Gazetting and publication in newspaper:
Substituted service of petition
...................................................................... 15
Transfer from separate estate to joint estate
................................................ 154
Interim trustee:
Application for order thereon
...................................................................... 13
Letters, etc.:
Order for re-direction (section 28)
............................................................... 111
Meetings:
General meeting:
Affidavit of postage of notices
.................................................................... 33
Certificate of postage of notices
.................................................................. 34
List of creditors assembled at
..................................................................... 45
Memorandum of adjournment
..................................................................... 37
Memorandum of proceedings at adjourned general meeting: no quorum
......... 38
Notice to creditors of general meeting of creditors
....................................... 29
Notice to creditors of adjourned meeting
..................................................... 32
Notice to bankrupt to attend
........................................................................
35
Other meetings:
List of creditors assembled at
..................................................................... 45
Memorandum of adjournment
..................................................................... 37
Notice (general form)
...........................................................................
...... 40
Notice of, to appoint new trustee
................................................................. 44
Notice to creditors of adjourned meeting
...................................................... 32
Notice to creditors to remove trustee and to fill vacancy
............................... 43
Order of court for general meeting of creditors
............................................ 39
Petition:
Adjournment of
...........................................................................
............... 22
Affidavit of justification
...........................................................................
... 21
Affidavit of service
...........................................................................
......... 14
Affidavit of truth of statements in petition
.................................................... 11
Affidavit of truth of statements in joint petition
............................................. 12
Allocatur for costs of debtor's petition
......................................................... 144
Bond on stay of proceedings, security, etc.
.................................................. 19
Creditor's bankruptcy petition on failure to comply with a statutory
demand for a liquidated sum payable immediately
........................................................
10
Creditor's bankruptcy petition on failure to comply with a statutory
demand for a liquidated sum payable at a future date
...................................................
10A
Creditor's bankruptcy petition where execution or other process on a
judgment has been returned in whole or part
............................................................
10B
Bankruptcy petition for default in connection with voluntary arrangement
...... 10C
Creditor's petition (section 112)
................................................................... 134
Criminal bankruptcy petition
........................................................................
10D
Debtor's bankruptcy petition
....................................................................... 3
Dismissal of
...........................................................................
.................... 23
Legal personal representative's petition (section 112)
.................................... 135
Notice by debtor of intention to oppose
........................................................ 17
Notice of sureties
...........................................................................
............ 20
Notice in newspaper of substituted service
.................................................. 15
Order for substituted service
....................................................................... 16
Order to stay proceedings on
...................................................................... 18
Postage of notices:
Affidavit of (general meeting)
..................................................................... 33
Certificate of (general meeting)
.................................................................. 34
Production of documents:
Order under section 30D(1) of the Bankruptcy Ordinance
............................ 157
Order under section 30D(3) of the Bankruptcy Ordinance
............................ 158
Application for order under section 30D(3) of the Bankruptcy Ordinance
...... 159
Application for order under section 30D(1) of the Bankruptcy Ordinance
...... 160
Proof:
Affidavit of
...........................................................................
..................... 46B
By trustee in prior bankruptcy
..................................................................... 47
Form of
...........................................................................
.......................... 46A
Form of, for debt of employees
................................................................... 48
Notice of rejection
...........................................................................
.......... 49
Proxies:
General
...........................................................................
.......................... 50
Special
...........................................................................
........................... 51
Public examination:
Application by Official Receiver or trustee for order fixing
........................... 52
Appointment of shorthand writer
................................................................. 55
Declaration by shorthand writer
.................................................................. 56
Memorandum of
...........................................................................
............. 62
Notes of shorthand writer if appointed
......................................................... 57
Notes where shorthand writer not appointed
................................................ 58
Notice of day for proceeding with (local newspaper)
.................................... 54
Order appointing time for
...........................................................................
. 53
Order of adjournment
...........................................................................
...... 59
Order that examination concluded
............................................................... 63
Register:
Of assignment of book debts
.......................................................................
117
Release:
Application by trustee for
...........................................................................
153
Notice to creditors of intention to apply for
.................................................. 152
Statement to accompany application for release
........................................... 137
Request:
To deliver bill for taxation
...........................................................................
143
Salary or income:
Notice of application for income payment order (section 43E)
....................... 118
Order for income claimed under section 43E(3)(a) of the Bankruptcy
Ordinance..................................................................
..............................
120
Order for income claimed under section 43E(3)(b) of the Bankruptcy
Ordinance
...........................................................................
....................
121
Shorthand writer:
Appointment of
...........................................................................
............... 55
Declaration by
...........................................................................
................ 56
Special manager:
Affidavit by
...........................................................................
.................... 151
Statement:
Of affairs for a person who does not carry on business
................................ 28A
Of affairs for a person who carries on business
........................................... 28B
Statement of Affairs (debtor's petition)
........................................................ 28C
Of accounts under section 88
...................................................................... 150
To accompany application for release
.......................................................... 137
Statutory Demand:
Application to set aside a statutory demand
.................................................. 155
Order setting aside a statutory demand
........................................................ 156
Affidavit in support of application to set aside statutory demand
.................... 161
Statutory Demand-Debt for liquidated sum payable immediately following a
judgment or order of the court
..................................................................
162
Statutory Demand-Debt for liquidated sum payable immediately
.................... 163
Statutory Demand-Debt payable at future date
............................................ 164
Subpoena:
Summons under section 29
.........................................................................
112
Taxation:
Allocatur for costs of debtor's petition
......................................................... 144
Request to deliver bill for
...........................................................................
. 143
Title:
General title
...........................................................................
.................... 1
Voluntary Arrangement:
Affidavit in support of application for interim order
....................................... 166
Application for interim order
.......................................................................
165
Alternative orders to be made at hearing to consider chairman's report
.......... 67
Interim order of court under section 20 of the Bankruptcy Ordinance
............ 65
Interim order of court under section 20 of the Bankruptcy Ordinance-
One-stage procedure
...........................................................................
....
168
Notice to intended nominee
.........................................................................
167
Order granting stay pending hearing of application for interim order
............... 64
Order extending effect of interim order
....................................................... 66
Proxy (individual voluntary arrangement)
..................................................... 169
Warrant:
Against debtor about to quit Hong Kong, etc.
............................................... 110
Of committal for contempt
..........................................................................
105
Of seizure
...........................................................................
...................... 109
Order for production for examination of person apprehended under warrant
under section 29
...........................................................................
...........
116
Search warrant
...........................................................................
............... 108
To apprehended persons summoned under section 29
................................... 115
(L.N. 81 of 1998; L.N. 125 of 2007)
FORMS
FORM 1 [rule 7]
GENERAL TITLE
In the Court of First Instance of Hong Kong.
In Bankruptcy.
No. of .
Re [JAMES BROWN].
Ex parte [here insert the Debtor, or J.S., a Creditor, or the Official
Receiver, or the Trustee]
(25 of 1998 s. 2)
___________________
FORM 2
(Repealed L.N. 81 of 1998)
___________________
FORM 3 [rule 50]
DEBTOR'S BANKRUPTCY PETITION
(Title.)
(a) Insert full name(s), address(es), occupation, trade or profession and
Hong Kong Identity Card No. (if any) or number and issuing country of any
passport of debtor.
(b) Insert in full any other name(s) by which the debtor is or has been
known.
(c) Insert former address or addresses at which the debtor may have
incurred debts or liabilities still unpaid or unsatisfied.
(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.
(e) Insert any former trading name(s) (adding "with another or others",
if this is so), business address(es) and nature of the business in respect
of which the debtor may have incurred debts or liabilities still unpaid or
unsatisfied.
(f) Delete as applicable. I, (a) _________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________ ,
[also known as (b) _________________________________________
________________________________________________________
_______________________________________________________ ]
[and lately residing at (c) _____________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
[and carrying on business as (d) ________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
[and lately carrying on business as (e) ____________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
request the court that a bankruptcy order be made against me and say as
follows-
1. I am domiciled in Hong Kong/personally present in Hong Kong on the date
of presentation of this petition/have within 3 years immediately preceding
the presentation of this petition (f) [resided at] [carried on business
at] ______________________________________________________
within Hong Kong.
2. I am unable to pay my debts.
3. A statement of my affairs is filed with this petition.
Dated this day of .
Signature of witness. ______________________________
Complete only if petition not heard immediately. ENDORSEMENT
This petition having been presented to the court on _______________ ,
it is ordered that the petition shall be heard as follows-
Date ____________________________________________________
Time ______________________________ hours
Place ____________________________________________________
Registrar.
(L.N. 81 of 1998)
___________________
FORM 4-9
(Repealed L.N. 81 of 1998)
___________________
FORM 10 [rule 50]
CREDITOR'S BANKRUPTCY PETITION ON FAILURE TO
COMPLY WITH A STATUTORY DEMAND FOR A
LIQUIDATED SUM PAYABLE IMMEDIATELY
(Title.)
(a) Insert full name(s) and address(es) of petitioner(s).
(b) Insert full name, place of residence, occupation (if any), Hong Kong
Identity Card No. (if any) or number and issuing country of any passport
of debtor. (If known).
(c) Insert in full any other name(s) by which the debtor is or has been
known.
(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.
(e) Insert any other address or addresses at which the debtor has resided
at or after the time the petition debt was incurred.
(f) Give the same details as specified in note (d) above for any other
businesses which have been carried on at or after the time the petition
debt was incurred.
(g) Delete as applicable.
(h) Please give the amount of debt(s), what they relate to and when they
were incurred. Please show separately the amount or rate of any interest
or other charge not previously notified to the debtor and the reasons why
you are claiming it.
(i) Insert date of service of a statutory demand.
(j) State manner of service of the demand.
(k) If 3 weeks have not elapsed since service of statutory demand give
reasons for earlier presentation of petition.
(l) Delete as applicable.
(m) Insert name of debtor. I/We, (a)
_____________________________________________
________________________________________________________
________________________________________________________ ,
petition the court that a bankruptcy order may be made against (b) _______
________________________________________________________
________________________________________________________
[also known as (c) __________________________________________
________________________________________________________
_______________________________________________________ ]
[and carrying on business as (d) ________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
[and lately residing at (e) _____________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
[and lately carrying on business as (f) ____________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
and say as follows-
1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on
the date of presentation of this petition/has within 3 years immediately
preceding the presentation of this petition (g) [resided at] [carried on
business at] _____________________________________________
________________________________________________________
within Hong Kong.
2. The debtor is justly and truly indebted to me [us] in the aggregate sum
of $(h) _____________ .
3. The above-mentioned debt is for a liquidated sum payable immediately
and the debtor appears to be unable to pay it.
4. On (i) __________________ a statutory demand was served upon the debtor
by (j) __________________ in respect of the above-mentioned debt. To the
best of my/our knowledge and belief the demand has neither been complied
with nor set aside in accordance with the Rules and no application to set
it aside is outstanding.
(k)
5. I/We do not, nor does any person on my/our behalf, hold any security on
the debtor's estate, or any part thereof, for the payment of the
above-mentioned sum.
or,
I/We hold security for the payment of (l) [part of] the above-mentioned
sum. I/We will give up such security for the benefit of all the creditors
in the event of a bankruptcy order being made.
or,
I/We hold security for the payment of part of the above-mentioned sum and
I/we estimate the value of such security to be $ . This
petition is not made in respect of the secured part of my/our debt.
ENDORSEMENT
This petition having been presented to the court on _______________ , it
is ordered that the petition shall be heard as follows-
Date ____________________________________________________
Time __________________________ hours
Place ____________________________________________________
and you, the above-named (m) ___________________________ are to take
notice that if you intend to show cause against the petition you must file
with the Official Receiver a notice showing the grounds upon which you
intend to show cause, and post a copy of the notice to the petitioner or
his solicitor, in each case 3 days before the day on which the petition is
to be heard.
Registrar.
(L.N. 81 of 1998)
___________________
FORM 10A [rule 50]
CREDITOR'S BANKRUPTCY PETITION ON FAILURE TO
COMPLY WITH A STATUTORY DEMAND FOR A
LIQUIDATED SUM PAYABLE AT A FUTURE DATE
(Title.)
(a) Insert full name(s) and address(es) of petitioner(s).
(b) Insert full name, place of residence, occupation (if any), Hong Kong
Identity Card No. (if any) or number and issuing country of any passport
of debtor. (If known).
(c) Insert in full any other name(s) by which the debtor is or has been
known.
(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.
(e) Insert any other address or addresses at which the debtor has resided
at or after the time the petition debt was incurred.
(f) Give the same details as specified in note (d) above for any other
businesses which have been carried on at or after the time the petition
debt was incurred.
(g) Delete as applicable.
(h) Please give the amount of debt(s), what they relate to and when they
were incurred. Please show separately the amount or rate of any interest
or other charge not previously notified to the debtor and the reasons why
you are claiming it.
(i) Insert date or dates when the debt becomes payable.
(j) Insert date of service of statutory demand.
(k) State manner of service of the demand.
(l) If 3 weeks have not elapsed since service of statutory demand give
reasons for earlier presentation of petition.
(m) Delete as applicable.
(n) Insert name of debtor. I/We, (a) ____________________________________________
______________________________________________________
______________________________________________________ ,
petition the court that a bankruptcy order may be made against (b) _____
______________________________________________________
______________________________________________________
[also known as (c)_________________________________________
______________________________________________________
______________________________________________________ ]
[and carrying on business as (d) _______________________________
______________________________________________________
_______________________________________________________
_______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately residing at (e)____________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately carrying on business as (f) __________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
and say as follows-
1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on
the date of presentation of this petition/has within 3 years immediately
preceding the presentation of this petition (g) [resided at] [carried on
business at] _____________________________________
_________________________________________________________ within Hong Kong.
2. The debtor is justly and truly indebted to me [us] in the aggregate sum
of $(h) ___________ .
3. The above-mentioned debt is for a liquidated sum payable on (i)
__________________ and the debtor appears to have no reasonable prospect
of being able to pay it.
4. On (j) ____________ a statutory demand was served upon the debtor by
(k) _____________________________ in respect of the above-mentioned debt.
To the best of my/our knowledge and belief the demand has neither been
complied with nor set aside in accordance with the Rules and no
application to set it aside is outstanding.
(l)
5. I/We do not, nor does any person on my/our behalf, hold any security on
the debtor's estate, or any part thereof, for the payment of the
above-mentioned sum.
or,
I/We hold security for the payment of (m) [part of] the above-mentioned
sum. I/We will give up such security for the benefit of all the creditors
in the event of a bankruptcy order being made.
or,
I/We hold security for the payment of part of the above-mentioned sum and
I/We estimate the value of such security to be $ . This
petition is not made in respect of the secured part of my/our debt.
ENDORSEMENT
This petition having been presented to the court on ______________ , it is
ordered that the petition shall be heard as follows-
Date __________________________________________________
Time __________________________ hours
Place __________________________________________________
and you, the above-named (n) ________________ are to take notice that if
you intend to show cause against the petition you must file with the
Official Receiver a notice showing the grounds upon which you intend to
show cause, and post a copy of the notice to the petitioner or his
solicitor, in each case 3 days before the day on which the petition is to
be heard.
Registrar.
(L.N. 81 of 1998)
___________________
FORM 10B [rule 50]
CREDITOR'S BANKRUPTCY PETITION WHERE EXECUTION
OR OTHER PROCESS ON A JUDGMENT HAS BEEN
RETURNED IN WHOLE OR PART
(Title.)
(a) Insert full name(s) and address(es) of petitioner(s).
(b) Insert full name, place of residence, occupation (if any), Hong Kong
Identity Card No. (if any) or number and issuing country of any passport
of debtor. (If known).
(c) Insert in full any other name(s) by which the debtor is or has been
known.
(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.
(e) Insert any other address or addresses at which the debtor has resided
at or after the time the petition debt was incurred.
(f) Give the same details as specified in note (d) above for any other
businesses which have been carried on at or after the time the petition
debt was incurred.
(g) Delete as applicable.
(h) Please give the amount of debt(s), what they relate to and when they
were incurred. Please show separately the amount or rate of any interest
or other charge not previously notified to the debtor and the reasons why
you are claiming it.
(i) Insert date on which judgment was obtained.
(j) Insert date of execution.
(k) Insert name of debtor.
I/We, (a) ____________________________________________
______________________________________________________ ,
petition the court that a bankruptcy order may be made against (b) _____
______________________________________________________
______________________________________________________
[also known as (c)_________________________________________
______________________________________________________
______________________________________________________ ]
[and carrying on business as (d) _______________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately residing at (e) ____________________________________
_______________________________________________________
______________________________________________________
_______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately carrying on business as (f) __________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
and say as follows-
1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on
the date of presentation of this petition/has within 3 years immediately
preceding the presentation of this petition (g) [resided at] [carried on
business at] _____________________________________
_______________________________________________________ within Hong Kong.
2. The debtor is justly and truly indebted to me[us] in the aggregate sum
of $(h) __________ .
3. The above mentioned debt is for a liquidated sum payable immediately
and the debtor appears to be unable to pay it.
4. On (i) _________________________ judgment was obtained in
___________________ Court on an action the short title and reference to
the record whereof is Number __________ in the sum of $ __________
following which execution was issued in the ___________ court in respect
of the debt and on (j) _____________________ the bailiff [made a return]
[endorsed upon the writ a statement] to the effect that the execution was
unsatisfied (g) [as to the whole] [as to part] and the above-mentioned
debt represents the amount by which the execution was returned unsatisfied.
5. I/We do not, nor does any person on my/our behalf, hold any security on
the debtor's estate, or any part thereof, for the payment of the
above-mentioned sum.
or,
I/We hold security for the payment of (g) [part of] the above-mentioned
sum. I/We will give up such security for the benefit of all the creditors
in the event of a bankruptcy order being made.
or,
I/We hold security for the payment of part of the above-mentioned sum and
I/We estimate the value of such security to be $ . This
petition is not made in respect of the secured part of my/our debt.
ENDORSEMENT
This petition having been presented to the court on .______________ , it
is ordered that the petition shall be heard as follows-
Date __________________________________________________
Time ___________________________ hours
Place _________________________________________________
and you, the above-named (k) ________________ are to take notice that if
you intend to show cause against the petition you must file with the
Official Receiver a notice showing the grounds upon which you intend to
show cause, and post a copy of the notice to the petitioner or his
solicitor, in each case 3 days before the day on which the petition is to
be heard.
Registrar.
(L.N. 81 of 1998)
___________________
FORM 10C [rule 50]
BANKRUPTCY PETITION FOR DEFAUT IN CONNECTION
WITH VOLUNTARY ARRANGEMENT
(Title.)
(a) Insert full name(s) and address(es) of petitioner(s).
(b) Insert full name, place of residence, occupation (if any), Hong Kong
Identity Card No. (if any) or number and issuing country of any passport
of debtor (If known).
(c) Insert in full any other name(s) by which the debtor is or has been
known.
(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.
(e) Insert any other address or addresses at which the debtor has resided
at or after the time the petition debt was incurred.
(f) Give the same details as specified in note (d) above for any other
businesses which have been carried on at or after the time the petition
debt was incurred.
(g) Delete as applicable.
(h) Insert date the debtor entered into voluntary arrangement.
(i) Insert name of nominee.
(j) Give details of the default in connection with the voluntary
arrangement, being the grounds under section 20L of the Bankruptcy
Ordinance (Chapter 6) upon which the bankruptcy order is sought. I/We, (a)
____________________________________________
______________________________________________________
______________________________________________________ ,
petition the court that a bankruptcy order may be made against (b) _____
______________________________________________________
______________________________________________________
[also known as (c) ________________________________________
______________________________________________________
______________________________________________________ ]
[and carrying on business as (d) _______________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately residing at (e) ____________________________________
______________________________________________________
_______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately carrying on business as (f) __________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
and say-
1. That the debtor has within 3 years immediately preceding the
presentation of this petition (g) [resided at] [carried on business at]
______ _______________________________________________________ within Hong
Kong.
2. On (h) ______________ a voluntary arrangement proposed by the
debtor was approved by his creditors and I am (g) [a person who is for the
time being bound by the said voluntary arrangement and (i) _________ is
the nominee] [(i) __________________ the nominee of the said voluntary
arrangement].
3. (j)
Dated this day of .
Signature of witness. _______________________
ENDORSEMENT
This petition having been presented to the court on ____________ , it is
ordered that the petition shall be heard as follows-
Date __________________________________________________
Time ___________________________ hours
Place __________________________________________________
Registrar.
(L.N. 81 of 1998)
___________________
FORM 10D [section 9; rule 56]
CRIMINAL BANKRUPTCY PETITION
In the Court of First Instance.
In Bankruptcy.
(Title.)
(a) Insert name and Hong Kong Identity Card No. or number and issuing
country of any passport of debtor.
b) Insert present address and description of debtor.
(c) Insert address or addresses at which the debtor has lately resided or
carried on business.
*Where it is the Official Petitioner who is the petitioner, this
attestation is not required. I, the Official Petitioner [or, I C.D.,
of ] [or, We, C.D., of and E.F., of ],
hereby petition the court that a bankruptcy order may be made in respect
of the estate of A.B.(a) of (b) and lately
residing at [or carrying on business at (c) ] and say-
1. That a criminal bankruptcy order was made against the said A.B. in
the Court on the day of , and that an
office copy of the said order is annexed to this petition.
2. That the said order remains in force.
or,
That the said order was amended by the Court of Appeal on the
day of ; that an office copy of the order of the Court
of Appeal is annexed to this petition; and that the said order as amended
by the Court of Appeal remains in force.
3. That according to the said criminal bankruptcy order the said A.B. is
indebted to [insert the names of the persons specified in the order as
having suffered loss or damage] in the aggregate sum of $
[set out the amount of the loss or damage suffered as specified in the
criminal bankruptcy order].
Date this day of .
(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 , it is ordered that this petition shall be
heard at on the day of
, at o'clock in the noon.
And you, the said A.B., are to take notice that if you intend to show
cause against the petition you must file with the Registrar of this Court
a notice specifying the statements which you intend to deny or dispute,
and send by post a copy of the notice to the petitioner and his solicitor,
if known, not later than 3 days before the day fixed for the hearing.
(L.N. 153 of 1979; L.N. 81 of 1998; 25 of 1998 s. 2)
___________________
FORM 11 [section 9; rule 56]
AFFIDAVIT OF TRUTH OF STATEMENTS IN PETITION
(Title.)
I, the petitioner named in the petition hereunto annexed make oath and
say-
That the several statements in the said petition are within my own
knowledge true.
Sworn at, etc.
(Signature)
___________________________________________________________________
NOTE-If the petitioner cannot depose that the truth of all the several
statements in the petition is within his own knowledge he must set forth
the statements the truth of which he can depose to and file a further
affidavit by some person or persons who can depose to the truth of the
remaining statements.
___________________
FORM 12 [section 9; rule 56]
AFFIDAVIT OF TRUTH OF STATEMENTS IN JOINT PETITION
(Title.)
We, C.D., E.F., G.H., etc., the petitioners named in the petition hereunto
annexed, severally make oath and say-
And first I the said C.D. for myself say-
1. That A.B. is justly and truly indebted to me in the sum of $ as
stated in the said before-mentioned petition.
2. That A.B. has within 3 years before the date of the presentation of the
petition ordinarily resided [or carried on business] at
And I the said E.F. for myself say-
3. That A.B. is justly and truly indebted to me in the sum of $ as
stated in the said before-mentioned petition.
And I the said G.H. for myself say-
4. That A.B., is, etc.
C.D.
E.F.
G.H.
Sworn by the deponents C.D., E.F.,
and G.H., etc.
(See note to last form.)
(L.N. 81 of 1998)
___________________
FORM 13 [section 13; rule 61]
APPLICATION FOR INTERIM TRUSTEE
(Title.)
I, C.D., of, , do, on the grounds set forth in the annexed affidavit,
apply to the court to appoint the Official Receiver as interim trustee of
the property of the said A.B., and [here insert any special directions to
the interim trustee that may be desired].
Dated this day of .
(Signed) C.D.
_____________________
ORDER THEREON
Upon reading this application and the affidavit therein referred to, and
hearing it is ordered that upon a deposit of $100 being lodged by the
applicant the Official Receiver be thereupon constituted interim trustee
of the property of the said A.B., [here insert nature, short description
and locality of the property, and special directions, if any].
Dated this day of .
Registrar.
(G.N.A. 124 of 1955; L.N. 125 of 2007)
___________________
FORM 14 [rule 59]
AFFIDAVIT OF SERVICE OF PETITION
(Title.)
In the matter of a petition dated
I, L.M., of , make oath and say-
1. That I did, on day the day of , serve the above-mentioned A.B.
[or the partners in the above-mentioned firm of ] with a copy of the
above-mentioned petition, duly sealed with the seal of the court, by
delivering the same personally to the said A.B. [or C.D., a partner, or
E.F., a person having at the time of service the control and management of
the partnership business there or of the business carried on under the
above-mentioned name or style] at* [place] before the hour of in the
noon.
2. A sealed copy of the said petition is hereunto annexed.
Sworn at, etc.
L.M.
___________________________________________________________________
*NOTE-If the service is effected on a person having at the time of service
the control and management of the partnership business, the affidavit
must, after the description of the place of service, contain the words
"being the principal place of business of the said "
___________________
FORM 15 [rule 48]
SUBSTITUTED SERVICE OF PETITION
NOTICE IN NEWSPAPER
(Title.)
(a) Add this in case of petition. In the matter of a bankruptcy petition
filed the day of .
Take notice that a bankruptcy petition has been presented against you
by of and the court has ordered that the sending of a sealed copy
of the petition together with a sealed copy of the order for substituted
service by registered post addressed to and/or the publication of
this notice in the newspapers shall be deemed to be service of the
petition upon you; (a) and further take notice that the said petition will
be heard at the court on the day of at o'clock in the noon, on
which day you are required to appear, and if you do not appear the court
may make a bankruptcy order against you in your absence.
The petition may be inspected by you on application at the court.
Dated this day of .
Registrar.
To A.B.
(L.N. 81 of 1998)
___________________
FORM 16 [rule 48]
ORDER FOR SUBSTITUTED SERVICE OF A PETITION
(Title.)
In the matter of a bankruptcy petition filed the day of .
Upon the application of and upon reading the affidavit of of in
the of .
It is ordered that the sending of a sealed copy of the above-mentioned
petition together with a sealed copy of this order by registered post
addressed to at and/or by publication in the newspapers of
the presentation of such petition and the time and place fixed for hearing
the petition shall be deemed to be good and sufficient service of the said
petition on the said on the day of completing such posting or
publication as aforesaid.
Dated this day of .
Registrar.
(L.N. 81 of 1998)
___________________
FORM 17 [rule 68]
NOTICE BY DEBTOR OF INTENTION TO OPPOSE PETITION
(Title.)
In the matter of a bankruptcy petition presented against me on
the day of , by C.D. of [or and E.F. of , G.H. of , etc.]
I, the above A.B., do hereby give you notice that I intend to show cause
against the petition and that I intend to dispute the petitioning
creditor's debt [or to contend that , or as the case may be.]
Dated this day of .
To the Official Receiver, and to C.D. [petitioning creditor].
(L.N. 81 of 1998)
___________________
FORM 18 [rule 80]
ORDER TO STAY PROCEEDINGS ON PETITION
(Title.)
In the matter of a bankruptcy petition against A.B.
of .
Upon the hearing of this petition this day, and the said A.B. appearing
and denying that he is indebted to the petitioner [where petition
presented by more than one creditor, add the name of the creditor whose
debt is denied] in the sum stated in the petition [or alleging that he is
indebted o the petitioner in a sum of a less amount than $10000, or
alleging that he is indebted to C.D., one of the petitioners, in a sum
less than the sum stated to be due from him in the petition] it is ordered
that the said A.B. shall within days enter
into a bond in the penal sum of [ the amount of the alleged debt and
probable costs, or such other sum as the court may direct] with such 2
sufficient sureties as the court shall approve to pay [or deposit with the
Official Receiver the sum of as security for the
payment of] such sum or sums as shall be recovered against the said A.B.
by C.D. the petitioner [or one of the petitioners] in any proceeding taken
or continued by him against the said A.B., together with such costs as
shall be given by the court.
And it is further ordered that, upon the said A.B. entering into the bond
aforesaid, all proceedings on this petition shall be stayed until after
the court shall have come to a decision on the proceedings.
Dated this day of .
Registrar.
(G.N.A. 124 of 1955; L.N. 81 of 1998)
___________________
FORM 19 [rules 13, 80]
BOND ON STAY OF PROCEEDINGS, SECURITY, ETC.
(Title.)
Know all men by these presents, that we, A.B. of etc. and C.D. of etc. and
E.F. of etc. are jointly and severally held and firmly bound to L.M. of
etc. in dollars to be paid to the said L.M., or his certain attorney,
executors, administrators or assigns, for which payment to be made we bind
ourselves and each and every of us, our and each of our heirs, executors
and administrators, jointly and severally, firmly by these presents.
Sealed with our seals, and dated this day of and .
Whereas a bankruptcy petition against the said A.B. having been presented
to the court he did appear at the hearing of the said petition and deny
that he was indebted to the petitioner [or to one or more of the
petitioners], [or allege that he was indebted to the petitioner in the sum
of dollars only or as the case may be].
Now, therefore, the condition of this obligation is such that if the
above-bounden A.B., or the said C.D. or E.F., shall on demand well and
truly pay or cause to be paid to L.M., his attorney or agent, such sum or
sums as shall be recovered against the said A.B. by any proceedings taken
or continued within 21 days from the date hereof in any competent court by
the said L.M. for the payment of the debt claimed by him in the said
petition, together with such costs as shall be given to the said L.M. by
such court [or whatever the condition of the bond is] this obligation
shall be void, otherwise it shall remain in full force.
A.B. (L.S.)
C.D. (L.S.)
E.F. (L.S.)
Signed, sealed and delivered by the above-bounden in
the presence of
___________________________________________________________________________
NOTE - If a deposit of money be made the memorandum should follow the
terms of the conditions of the bond. This form may be adapted to other
cases.
(L.N. 125 of 2007)
___________________
FORM 20 [rule 18]
NOTICE OF SURETIES
(Title.)
In the matter of a bankruptcy petition of
Take notice that the sureties whom I propose as my security in the above
matter [here state the proceeding which has rendered the sureties
necessary] are [here state the full names and descriptions of the sureties
and their residences for the last 6 months, therein mentioning the
district or city, places, streets and numbers, if any].
Dated this day of .
(Signature)
To the Registrar
and to L.M. of
(L.N. 81 of 1998)
___________________
FORM 21 [rule 19]
AFFIDAVIT OF JUSTIFICATION
(Title.)
In the matter of a bankruptcy petition against A.B. of .
I, E.F., of , one of the sureties for make oath and say-
1. That I am a householder [or as the case may be], residing
[describing particularly the street or place and the number of the house,
if any].
2. That I am worth property to the amount of $ [the amount required]
over and above what will pay my just debts [if security in any other
action or for any other purpose, add and every other sum for which I am
now security].
3. That I am not bail or security in any other matter, action or
proceedings, or for any other person [or if security in any other action
or actions, add except for C.D., at the suit of E.F., in the Court of
First Instance in the sum of $ ; for G.H., at the suit of I.K., in the
Court of First Instance in the sum of $ specifying the several actions
or matters, and courts, and the sums in which he has become bound).
4. That my property, to the amount of the said sum of $ [and if
security in any other action, etc. over and above all other sums for which
I am now security as aforesaid], consists of [here specify the nature and
value of the property in respect of which the deponent proposes to become
bondsman as follows, stock in trade, in my business of carried on by me
at of the value of $ of good book debts owing to me to the amount of
$ , of furniture in my house at of the value of $ , of
leasehold property of the value of $ , situate at ., or of
other property, particularizing each description of property, with the
value thereof].
5. That I have for the last 6 months resided at [describing the
place of such residence, or if he has had more than one residence during
that period, state in the same manner as above directed].
Sworn at, etc.
E.F.
(G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2)
___________________
FORM 22
ADJOURNMENT OF PETITION
(Title.)
Upon the hearing of the petition this day, and hearing for the
petitioner and for the debtor and the Official Receiver, and
reading it is ordered that the further hearing of this petition be
adjourned until the day of , at o'clock in the noon.
Dated this day of .
Registrar.
___________________
FORM 23
DISMISSAL OF PETITION
(Title.)
In the matter of a bankruptcy petition filed the [date].
Upon the hearing of this petition this day, and upon reading
and hearing and the Official Receiver it is ordered that this petition
be dismissed [and that the petitioner do pay to the said A.B. the taxed
costs thereof].
Dated this day of .
Registrar.
___________________
FORM 24
ORDER RESTRAINING ACTION, ETC. BEFORE BANKRUPTCY ORDER
(Title.)
Upon the application of and upon reading it is ordered that L.M. of
shall be restrained from taking any further proceedings in the action
brought by him [or upon the judgment recovered or obtained by him] against
the said A.B. in [here state the number of the action] [or it is ordered
that the proceedings in the action (or suit) brought by him against the
said A.B. in (here state the number of the action) may be proceeded with
on (here insert the terms fixed by the court)].
Dated this day of .
Registrar.
(L.N. 81 of 1998)
___________________
FORM 25 [section 12; rule 72A(3)]
BANKRUPTCY ORDER ON DEBTOR'S PETITION
(Title.)
On the petition of the debtor himself, filed the day of , , a
bankruptcy order is hereby made against A.B. [insert name, addresses and
descriptions of debtor as set out in petition], and the Official Receiver
hereby becomes the provisional trustee of the estate of the said debtor.
Dated this day of .
Registrar.
___________________________________________________________________________
NOTE - The above-named debtor is required after the service of this order
upon him to attend the trustee at such time and place as the trustee may
specify.
______________________
ENDORSEMENT ON ORDER
The name and address of the solicitor (if any) to the debtor are [insert
name and address].
(L.N. 46 of 1964; L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 26 [sections 12, 72A(3); rules 69, 75]
BANKRUPTCY ORDER ON CREDITOR'S PETITION
(Title.)
On the petition dated the day of of J.S., of and a creditor,
filed the [insert date], and on reading and hearing
It is ordered that A.B. [insert name, addresses and descriptions of debtor
as set out in petition] be adjudged bankrupt and the Official Receiver
hereby becomes the provisional trustee of the estate of the said debtor.
Dated this day of .
Registrar.
___________________________________________________________________________
NOTE.-The above-named debtor is required, after the service of this order
upon him, to attend the trustee at such time and place as the trustee may
specify.
___________________
ENDORSEMENT ON ORDER
The name and address of the solicitor to the petitioning creditor are
[insert name and address].
(G.N.A. 124 of 1955; L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 27 [section 78(1)(f); rule 78]
NOTICE OF BANKRUPTCY ORDER, ETC. (for local newspaper)
(Title.)
Bankruptcy order made
...........................................................................
.........................
Note. -All debts due to the estate should be paid to the trustee.
Official Receiver.
Dated this day of .
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 28
(Repealed L.N. 22 of 1995)
___________________
FORM 28A Page 1
IN THE COURT OF FIRST INSTANCE OF HONG KONG
IN BANKRUPTCY
NO. of .
(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address.
(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address Name: _______________________________________
STATEMENT OF AFFAIRS
(Individual, i.e. non-trading)
Please show your financial position as at the date of the Bankruptcy Order
by completing all the pages of this form and the attached lists, A, B and
C as are applicable, which will then be your Statement of Affairs. You are
also required to specify in the relevant list whether or not there is a
dispute about any amount due to or by you and, if so, to supply details in
a separate sheet which should be signed and attached as part of your
Statement of Affairs.
___________________________________________________________
AFFIDAVIT OR AFFIRMATION (you need to complete either the affidavit at
(i) below or the affirmation at (ii) overleaf, but not both.)
(i) Affidavit
This Affidavit must be sworn before a Solicitor or Commissioner of Oaths
or an officer of the court duly authorised to administer oaths when you
have completed the rest of this form
I (a) _______________________________________________________
___________________________________________________________
of (b) ______________________________________________________
___________________________________________________________
Make oath and say that the attached lists exhibited hereto and marked
_______ are to the best of my knowledge and belief a full, true and
complete statement of my affairs as at ______________________________ the
date of the Bankruptcy Order made against me.
Sworn at ____________________
Date _______________________ Signature __________________
Before me ____________________
___________________________________________________________
A Solicitor or Commissioner of Oaths or Duly authorised officer
Before swearing the affidavit the Solicitor or Commissioner is
particularly requested to make sure that the full name, address and
description of the Deponent are stated, and to initial any crossings-out
or other alterations in the printed form. A deficiency in the affidavit in
any of the above respects will mean that it is refused by the court, and
will need to be re-sworn.
(Please see overleaf for the Affirmation)
Page 2
(ii) Affirmation
This Affirmation must be made before a Solicitor or Commissioner of Oaths
or an officer of the court duly authorised to administer oaths when you
have completed the rest of this form
I (a) _______________________________________________________
___________________________________________________________
of (b) ______________________________________________________
___________________________________________________________
Solemnly and sincerely affirm that the attached lists exhibited hereto and
marked ___________________ are to the best of my knowledge and belief a
full, true and complete statement of my affairs as at __________________
the date of the Bankruptcy Order made against me.
Affirmed at ___________________
Date ________________________ Signature __________________
Before me ____________________
___________________________________________________________
A Solicitor or Commissioner of Oaths or Duly authorised officer
Before making the affirmation the Solicitor or Commissioner is
particularly requested to make sure that the full name, address and
description of the Deponent are stated, and to initial any crossings-out
or other alterations in the printed form. A deficiency in the affirmation
in any of the above respects will mean that it is refused by the court,
and will need to be re-affirmed.
SUMMARY OF STATEMENT OF AFFAIRS
List
Reference Particulars Amount
$
ASSETS
A (1) Various assets
B (2) Excess value of assets pledged as security to creditors fully secured
(3) Total Assets, i.e. total of items (1) and (2) above
LIABILITIES
B (4) Secured creditors (net of security)-i.e. after deducting the amount
of the security
C (5) Unsecured creditors
(6) Total Liabilities, i.e. total of items (4) and (5) above
(7) Surplus/(Deficiency), i.e. total assets in item (3) less total
liabilities as in item (6) $
_________
Signature _________________________ Date _____________________
LIST A
VARIOUS ASSETS
Please detail all your assets which may be of value (if necessary, use the
space in section (j) below to provide details in respect of any of the
items at (a) to (i) below; and/or attach additional sheet(s) if the space
in section (j) is not adequate;
and complete item (k) below). Estimated to produce
$
(a) Cash at bank ______________________________________
(specify the name of the bank(s) and all account numbers) _______________
(b) Land and buildings ____________________ Cost $ ________
(location and address) _______________
(c) Household furniture and belongings ______________________
(d) Life assurance policies _______________________________
(policy number(s) and insurance companies) _______________
_______________
(e) Money owed to you _________________________________
(please provide name and address of debtor and nature of debt)
_______________
(f) Investments in stocks and shares _____________ Cost $ ____
(please provide details) _______________
(g) Motor vehicles ________________________ Cost $ _______
(please provide details) _______________
(h) Sums due to you from the estate of a deceased person _______
(please provide details) _______________
(i) Any other assets ____________________________________ _______________
(j) Supplementary Information (specify here also, if applicable, the
particulars of any property held by or in the name of
*husband/*wife/*concubine) or under any alias or in a t'ong name or in
trust for you)
________________________________________________
_______________
________________________________________________ _______________
________________________________________________ _______________
________________________________________________ _______________
________________________________________________ _______________
________________________________________________ _______________
________________________________________________ _______________
________________________________________________ _______________
________________________________________________
Show the total under "Assets", item (1) in the Summary of Statement of
Affairs $
(k) *_________ additional sheets are attached/No additional sheets
(specify no.) are attached.*
Signature ______________________ Date ______________________
(*delete the inapplicable words)
LIST B
SECURED CREDITORS (either fully or partly secured)
/EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS
Yes No
Does any creditor of yours hold or claim any item(s) of your property? □ □
If 'YES' give details below: _________________________________________︳ ｜
｜
(i)
No. (ii)
Name of creditor or claimant (iii)
Address (iv)
Amount owed to creditor (v)
Specify the asset being held or claimed or pledged as security (vi)
Date when security given (vii)
Estimated
when of the asset in column (v)
$ (viii)
Estimated excess i.e. (vii) less (iv)
$ (ix)
Net
indebted-ness i.e. (iv) ;less (vii)
$
1. ............... ............. ............ ................ ............
............... .............. ..............
2. ............... ............. ............ ................ ............
............... .............. ..............
3. ............... ............. ............ ................ ............
............... .............. ..............
4. ............... ............. ............ ................ ............
............... .............. ..............
5. ............... ............. ............ ................ ............
............... .............. ..............
6. ............... ............. ............ ................ ............
............... .............. ..............
7. ............... ............. ............ ................ ............
............... .............. ..............
8. ............... ............. ............ ................ ............
............... .............. ..............
9. ............... ............. ............ ................ ............
............... .............. ..............
10. ............... ............. ............ ................ ............
............... .............. ..............
11. ............... ............. ............ ................ ............
............... .............. ..............
12. ............... ............. ............ ................ ............
............... .............. ..............
13. ............... ............. ............ ................ ............
............... .............. ..............
14. ............... ............. ............ ................ ............
............... .............. ..............
15. ............... ............. ............ ................ ............
............... .............. ..............
Show the total of column (viii) under "Assets", item (2) in the Summary of
Statement of Affairs $ $
Show the total of column (ix) under "Liabilities", item (4) in the Summary
of Statement of Affairs $
Signature _______________________ Date __________________
LIST C
UNSECURED CREDITORS
(i)
No. (ii)
Name of creditor
or claimant (iii)
Address (iv)
Amount the
creditor
claims you
owe him/her
$ (v)
Amount you consider as
owed to the creditor
$
1. .............................. ....................................
........................... ......................
2. .............................. ....................................
........................... ......................
3. .............................. ....................................
........................... ......................
4. .............................. ....................................
........................... ......................
5. .............................. ....................................
........................... ......................
6. .............................. ....................................
........................... ......................
7. .............................. ....................................
........................... ......................
8. .............................. ....................................
........................... ......................
9. .............................. ....................................
........................... ......................
10. .............................. ....................................
........................... ......................
11. .............................. ....................................
........................... ......................
12. .............................. ....................................
........................... ......................
13. .............................. ....................................
........................... ......................
14. .............................. ....................................
........................... ......................
15. .............................. ....................................
........................... ......................
Show the total of column (v) under "Liabilities", item (5) in the Summary
of Statement of Affairs
Signature _______________________ Date _____________________
(L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)
___________________
FORM 28B Page 1
IN THE COURT OF FIRST INSTANCE OF HONG KONG
IN BANKRUPTCY
No. of .
Full Name :__________________________
Hong Kong Identity Card No. :__________________________
Trading as :__________________________
STATEMENT OF AFFAIRS
Please complete this Statement of Affairs and such of the attached lists
A, B, C, D and E as are applicable in order to show the state of your
affairs on the day on which the Bankruptcy Order was made against you,
viz., the __________ day of ___________________ .You are also required to
specify in the relevant list whether or not there is a dispute about any
amount due to or by you and, if so, to supply details in a separate
schedule which should be signed and attached as part of your Statement of
Affairs. Such completed schedules will constitute your Statement of
Affairs, and must be verified by oath, declaration or affirmation (please
see note below).
List
Reference
Particulars Amount
$
ASSETS
A (1) Various assets
B (2) Debts receivable
C (3) Excess value of assets pledged as security to creditors fully secured
(4) Total Assets, i.e. total of items (1) to (3) above
LIABILITIES
D (5) Claims and amounts due to employees and Government departments
C (6) Secured creditors (net of security)-i.e. after deducting the amount
of the security
E (7) Unsecured creditors and other liabilities (including contingent
liabilities)
(8) Total Liabilities, i.e. total of items (5) to (7) above
(9) Surplus/(Deficiency), i.e. total assets as in item (4) less total
liabilities as in item (8) above $
___________
Continued Overleaf/....
Page 2
AFFIDAVIT OR AFFIRMATION-(The format is set out below and you need to
complete either the affidavit at (i) or the affirmation at (ii), but not
both.)
Before swearing the affidavit or making the affirmation, the Solicitor or
Commissioner is particularly requested to make sure that the full name,
address and description of the Deponent are stated, and to initial any
crossings-out or other alterations in the printed form. A deficiency in
the affidavit/affirmation in any of the above respects will mean that it
is refused by the court, and will need to be re-sworn.
(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address (i) Affidavit
This Affidavit must be sworn before a Solicitor or Commissioner of Oaths
or an officer of the court duly authorised to administer oaths when you
have completed the rest of this form
I (a) ___________________________________________________
______________________________________________________
of (b) __________________________________________________
______________________________________________________
Make oath and say that the foregoing Statement and attached lists
exhibited hereto and marked _____________ are to the best of my knowledge
and belief a full, true and complete statement of my affairs as at
____________ the date of the Bankruptcy Order made against me.
Sworn at _________________.
Date ____________________ Signature __________________
Before me ________________
(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address
(ii) Affirmation
This Affirmation must be made before a Solicitor or Commissioner of Oaths
or an officer of the court duly authorised to administer oaths when you
have completed the rest of this form
I (a) ___________________________________________________
______________________________________________________
of (b) __________________________________________________
______________________________________________________
Solemnly and sincerely affirm that the foregoing Statement and attached
lists exhibited hereto and marked _________________ are to the best of my
knowledge and belief a full, true and complete statement of my affairs as
at _________________ the date of the Bankruptcy Order made against me.
Affirmed at ._______________
Date _____________________ Signature __________________
Before me _________________
LIST A
VARIOUS ASSETS
Full particulars of every description of assets not included in any other
lists should be specified in this list. If the space allotted to items (a)
to (j) below is not adequate, please provide the requisite information by
attaching additional schedule(s) and completing item (l) below.
Particulars Estimated to produce
$
(a) Cash at bank
(Please specify the name(s) of the bank(s) and all account numbers)
_______________________________
_______________________________
_______________________________
_______________________________ _______________
_______________
_______________
_______________
(b) Cash in hand _______________________________ _______________
(c) Cash deposit held by solicitor or any other person
_______________________________
(name of solicitor or person)
_______________
(d) Land and buildings your name or in the name of your
*husband/*wife/
*concubine
(Location and address) _______________ Cost $ .__________
_______________________________
_______________________________
_______________________________
_______________________________ _______________
_______________
_______________
_______________
_______________
(e) Stock in trade _______________ Cost $ __________ _______________
(f) Plant and machinery _______________ Cost $ __________ _______________
(g) Life assurance policies _______________________________
(policy number and insurance company) _______________
(h) Investment in stocks and shares, etc. ________________ Cost $
_________
(Please provide details) _______________
(i) Amount due to you from the estate of a deceased person
_______________________________
(Please provide details)
_______________
(j) Any other assets _______________________________
_______________________________ _______________
_______________
(k) Total (show the total under "Assets" on page 1 of the Statement
of Affairs) $
(l) *________ additional schedule(s) are attached/No additional
schedule(s) are attached.*
(specify no.)
Dated this day of .
(Signature)
(*delete the inapplicable words)
LIST B
DEBTS RECEIVABLE
(i)
No. (ii)
Name
of
debtor (iii)
Address (iv)
Amount
of
debt
$ (v)
Date
when contracted (vi)
Estimated to
produce
$ (vii)
Folio of ledger or other
book where particulars
are to be found (viii)
Nature of debt and particulars of any securities held for debt
1. ............. ............... ............. .................
............... ...................... .......................
2. ............. ............... ............. .................
............... ...................... .......................
3. ............. ............... ............. .................
............... ...................... .......................
4. ............. ............... ............. .................
............... ...................... .......................
5. ............. ............... ............. .................
............... ...................... .......................
6. ............. ............... ............. .................
............... ...................... .......................
7. ............. ............... ............. .................
............... ...................... .......................
8. ............. ............... ............. .................
............... ...................... .......................
9. ............. ............... ............. .................
............... ...................... .......................
10. ............. ............... ............. .................
............... ...................... .......................
11. ............. ............... ............. .................
............... ...................... .......................
12. ............. ............... ............. .................
............... ...................... .......................
13. ............. ............... ............. .................
............... ...................... .......................
14. ............. ............... ............. .................
............... ...................... .......................
15. ............. ............... ............. .................
............... ...................... .......................
Totals (show the total
of column (vi) under
"Assets" on page 1
of the Statement of Affairs)
Dated this day of . (Signature)
Notes: (1) If you are also indebted to any of the above-mentioned
debtor(s), please specify in column (iii) both the amount of your debt due
to the debtor and the amount due from the debtor. The net amount due to
you by the debtor should be inserted in columns (iv) and (vi). If,
however, the amount owed by you to the "debtor" is greater than the amount
that the debtor owes you, do not insert any amount in this list but use
List E for the purpose.
(2) To substantiate the amount of debt, copies of the relevant source
documents should be attached.
LIST C
SECURED CREDITORS (either fully or partly secured)
/EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS
(i)
No. (ii)
Name
of
creditor
or
claimant (iii)
Address (iv)
Amount owed to creditor
$ (v)
Date
when
contracted (vi)
Particulars
of the asset
being held or claimed or
pledge as
security (vii)
Date
when
security
given (viii)
Estimated value of
the asset
in column
(vi)
$ (ix)
Estimated excess i.e. (viii)
less (iv)
$ (x)
Net indebtedness i.e. (iv) less (viii)
$
1. .......... ............ .......... .............. .................
............ ............. ............. ...............
2. .......... ............ .......... .............. .................
............ ............. ............. ...............
3. .......... ............ .......... .............. .................
............ ............. ............. ...............
4. .......... ............ .......... .............. .................
............ ............. ............. ...............
5. .......... ............ .......... .............. ................. ............ ............. ............. ...............
6. .......... ............ .......... .............. .................
............ ............. ............. ...............
7. .......... ............ .......... .............. .................
............ ............. ............. ...............
8. .......... ............ .......... .............. .................
............ ............. ............. ...............
9. .......... ............ .......... .............. .................
............ ............. ............. ...............
10. .......... ............ .......... .............. .................
............ ............. ............. ...............
11. .......... ............ .......... .............. .................
............ ............. ............. ...............
12. .......... ............ .......... .............. ................
............ ............. ............. ...............
13. .......... ............ .......... .............. .................
............ ............. ............. ...............
14. .......... ............ .......... .............. .................
............ ............. ............. ...............
15. .......... ............ .......... .............. .................
............ ............. ............. ...............
Total amount owed to creditors, i.e. total of column (iv) Total value of
security, i.e. total of column (viii)
Show the total of column (ix) under "Assets" on page 1 of the Statement of
Affairs
Show the total of column (x) under "Liabilities" on page 1 of the
Statement of Affairs
Dated this day of . (Signature)
Note: If the amount due to the fully-secured creditor (as stated in
column (iv) above) is the same as the estimated value of security (as
stated in column (viii) above), please specify a "Nil" amount in columns
(ix) and (x). If any estimated surplus from security as reflected in
column (ix) above is further pledged to any other creditor as partial
security, that surplus should be deleted from column (ix) and shown in
column (viii) for that other creditor instead. Such surplus should then be
deducted from the relevant amount due to that other creditor before
extending the amount to either column (ix) or (x), whichever is
appropriate.
LIST D
CLAIMS AND AMOUNTS DUE TO EMPLOYEES AND GOVERNMENT DEPARTMENTS
(e.g. Wages, Rates, Taxes, etc.)
(i)
No. (ii)
Name of
creditor
or claimant (iii)
Address (iv)
Name of claim (v)
Period during which claim accrued (vi)
Due date
for payment (vii)
Amount of claim
$
1. ................. ................... ......................
...................... ................... ..................
2. ................. ................... ......................
...................... ................... ..................
3. ................. ................... ......................
...................... ................... ..................
4. ................. ................... ......................
...................... ................... ..................
5. ................. ................... ......................
...................... ................... ..................
6. ................. ................... ......................
...................... ................... ..................
7. ................. ................... ......................
...................... ................... ..................
8. ................. ................... ......................
...................... ................... ..................
9. ................. ................... ......................
...................... ................... ..................
10. ................. ................... ......................
...................... ................... ..................
11. ................. ................... ......................
...................... ................... ..................
12. ................. ................... ......................
...................... ................... ..................
13. ................. ................... ......................
...................... ................... ..................
14. ................. ................... ......................
...................... ................... ..................
15. ................. ................... ......................
...................... ................... ..................
Show the total of column (vii) under "Liabilities" on page 1 of the
Statement of Affairs $
Dated this day of . (Signature)
LIST E
UNSECURED CREDITORS AND OTHER LIABILITIES
(INCLUDING CONTINGENT LIABILITIES)
(i)
No. (ii)
Name of creditor
or claimant (iii)
Address
(iv)
Amount
$ (v)
Date when
contracted (vi)
Consideration and the nature of liability
1. ........................... ...................... ................
......................... ...............................
2. ........................... ...................... ................
......................... ...............................
3. ........................... ...................... ................
......................... ...............................
4. ........................... ...................... ................
......................... ...............................
5. ........................... ...................... ................
......................... ...............................
6. ........................... ...................... ................
......................... ...............................
7. ........................... ...................... ................
......................... ...............................
8. ........................... ...................... ................
......................... ...............................
9. ........................... ...................... ................
......................... ...............................
10. ........................... ...................... ................
......................... ...............................
11. ........................... ...................... ................
......................... ...............................
12. ........................... ...................... ................
......................... ...............................
13. ........................... ...................... ................
......................... ...............................
14. ........................... ...................... ................
......................... ...............................
15. ........................... ...................... ................
......................... ...............................
Show the total of column (iv) under "Liabilities" on page 1 of the
Statement of Affairs $
Dated this day of .
(Signature)
Notes: (1) If any creditor is also indebted to you, please
specify in column (iii) both the amount due to the creditor and the amount
owed by the creditor. The net amount due by you to the creditor should be
inserted in column (iv). If, however, the amount owed to you by the
"creditor" is more than the amount that you owe the creditor, do not
insert any amount in this list but use List B for the purpose.
(2) The particulars of any bills of exchange and promissory notes
held by a creditor should be inserted immediately below the name of such
creditor.
(L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)
___________________
FORM 28C [section 10(2)]
STATEMENT OF AFFAIRS (DEBTOR'S PETITION)
BANKRUPTCY ORDINANCE (CHAPTER 6)
Note.-These details will be the same as those shown at the top of your
petition.
In the _______________ In Bankruptcy
No. __________ of _________ .
Re ____________________________________________________
Show your current financial position by completing all the pages of this
form which will then be your Statement of Affairs.
_______________________________________________________
AFFIDAVIT
This Affidavit must be sworn before a Solicitor or Commissioner of Oaths
or an officer of the court duly authorized to administer oaths when you
have completed the rest of this form.
(a) Insert full name, occupation, Hong Kong Identity Card No. (if any) or
number and issuing country of any passport.
(b) Insert full address. I, (a)
___________________________________________________
______________________________________________________ ,
of (b) __________________________________________________
_______________________________________________________
_______________________________________________________
Make oath and say that several pages exhibited hereto and marked _______
are to the best of my knowledge and belief a full, true and complete
statement of my affairs at today's date.
Sworn at _________________
Date ____________________ Signature(s) _______________
Before me ________________
______________________________________________________
A Solicitor or Commissioner of Oaths or Duly authorized officer
Before swearing the affidavit, the Solicitor or Commissioner is
particularly requested to make sure that the full name, address and
description of the deponent are stated, and to initial any crossings-out
or other alterations in the printed form. A deficiency in the affidavit in
any of the above respects will mean that it will be refused by the court,
and will need to be re-sworn.
LIST A
SECURED CREDITORS
LIST B
UNSECURED CREDITORS
1
No. 2
Name of creditor or claimant 3
Address (with postcode) 4
Amount the creditor says you owe him/her
$ 5
Amount you think you owe
$
Signature _______________________________ Date ______________
LIST C1
ASSETS
Do you have any bank accounts or an interest in one?
If 'YES' state where they are, how much is in them and how much is your
share.
Yes
□ No
□
Do you have any business bank accounts, including joint accounts?
If 'YES' state the name of the accounts, where they are and how much is in
them.
Yes
□ No
□
Do you have any bank deposit accounts or an interest in one?
If 'YES' state where they are and how much is in them and how much is your
share.
Yes
□ No
□
Signature _______________________________ Date ______________
LIST C2
ASSETS
Do you have any other savings?
If 'YES' give details.
Yes
□ No
□
Do you use a motor vehicle?
If 'YES' who owns it and what is it worth?
Yes
□ No
□
Have you an interest in any other motor vehicles?
If 'YES' give details and their value.
Yes
□ No
□
Signature _______________________________ Date ______________
LIST C3
ASSETS
Now show anything else of yours which may be of value.
(a) Household furniture and belongings $
(b) Life policies
(c) Money owed to you
(d) Stock in trade
(e) Other property
TOTAL $
Signature _______________________________ Date _________________
LIST D
1. State the name, age (if under 18), and relationship to you of your
dependants.
1 _____________________________ 6 _____________________________
2 _____________________________ 7 _____________________________
3 _____________________________ 8 _____________________________
4 _____________________________ 9 _____________________________
5 _____________________________ 10 _____________________________
2. Has distress been levied against you by or on behalf of any creditor? Yes
□ No
□
If 'YES' give details below-
Name of creditor
Amount of claim $
Date
Distress levied Description and estimated value of property seized
Signature _______________________________ Date _________________
LIST E
3. At the date you present your bankruptcy petition, is any court judgment
or other legal process outstanding against you that has been made by any
court in Hong Kong?
If 'YES' give details below- Yes
□ No
□
Name of creditor
Amount of claim
$ Type and date of process issued Description and estimated value of any property
seized
4. At the date you present your bankruptcy petition, is any income
payments order in force against you?
If 'YES' give details below- Yes
□ No
□
Name of creditor
Date of order
Court Amount of instalment payable under order (per month/week)
$
Total amount paid under order
$
Date order expires (if applicable)
Signature _______________________________
Date _________________
LIST F
5(a) Have you, before you presented your petition, tried to come to any
agreement with your creditors generally for payment of your debts? Yes
□ No
□
(b) If the answer to 5(a) is 'YES', what terms were offered to the
creditors-
(1) time for repayment _____________________________
_____________________________
(2) percentage amount receivable by creditors ____________
(3) when was the offer made? ________________________
(c) Did the attempt fail because the creditors refused to accept the terms
offered?
If 'NO' why did it fail? _______________________________
________________________________________________
________________________________________________
Yes
□ No
□
6. Do you think that you will be able to introduce a voluntary arrangement
for your creditors under the Bankruptcy Ordinance (Chapter 6), which is
likely to be acceptable to them?
If 'YES' give brief details _____________________________
________________________________________________
________________________________________________ Yes
□ No
□
_______________________________________________________________
Signature _______________________________ Date _________________
LIST G
STATEMENT OF MEANS
(List below all items of regular "monthly" income and expenditure)
Items of income
$
Items of expenditure
$
This page shows that I will now be able to pay creditors $ __________ a
month.
Signature _________________ Date _________________
LIST H
STATEMENT OF RECENT AND EXPECTED INCOME
Include in the table below details of your gross income in the past 12
months and your estimated gross income for the next 12 months.
Gross income is the amount of your income before any deductions, including
tax, are made.
Ensure that you include all income details as any details left out may
affect your ability to obtain an early discharge.
Source of Income
Income last 12 months
Estimated income next 12 months
Gross Wages and Salary before income tax is
deducted (including overtime & penalty rates)
˙
˙
$
$
$
$
Drawings from Business if self-employed $ $
Government Pensions, Benefits & Allowances
(Specify type)
˙
˙
˙
$
$
$
$
$
$
Payments from Retirement or Approved
Deposit, Provident Funds (Specify type)
˙
˙
$
$
$
$
Lump Sum payment on termination of employment $ $
Income from deceased estate or trust $ $
Income from Investments (Specify type)
˙Interest
˙Dividends
˙Insurance policies
˙
˙
$
$
$
$
$
$
$
$
$
$
Money from any other allowances, benefits or sources
not mentioned above (Specify source & type)
˙
˙
˙
$
$
$
$
$
$
TOTAL
$
$
(L.N. 81 of 1998)
___________________
FORM 29 [rules 99A & 99D]
NOTICE TO CREDITORS OF GENERAL MEETING OF CREDITORS
(Title.)
(a) Delete as applicable.
(b) Insert relevant section.
(c) Insert date and time by which proxy is to be lodged, which should not
be more than 24 hours before the date fixed for the meeting. A meeting of creditors
has been summoned by the (a) [provisional trustee] [trustee]
(a) [at the request of a creditor under section
(b) of the Bankruptcy Ordinance (Chapter
6)] for the purpose of-
The meeting will be held as follows-
Date __________________________________________________
Time ______________________________ hours
Place __________________________________________________
__________________________________________________
The forms of general and special proxy are enclosed, one of which must be
lodged with me not later than (c) ________________________ to entitle you
to vote by proxy at the meeting (together with a completed proof of debt
form if you have not already lodged one).
Dated this day
of .
Provisional trustee/Trustee
[address]
Note. - Insert any further details which by the nature of the meeting need
to be stated.
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 30-31
(Repealed L.N. 81 of 1998)
___________________
FORM 32 [section 17]
NOTICE TO CREDITORS OF ADJOURNED MEETING
(Title.)
Take notice that the meeting of creditors in the above matter held on the
day of at was adjourned to the day of and will accordingly be
held at on the said day at o'clock in the noon.
Agenda
[Insert here nature of business to be transacted]
Dated this day of .
Trustee
(L.N. 125 of 2007)
___________________
FORM 33 [rule 105]
AFFIDAVIT OF POSTAGE OF NOTICES. GENERAL MEETING
(Title.)
(a) Insert here if necessary "adjourned". I, , [insert description],
make oath and say as follows-
1. That I did, on the day of , send to each creditor mentioned in the
bankrupt's statement of affairs, and to the above-named bankrupt, a notice
of the time and place of the (a) general meeting of creditors.
2. That such notices were addressed to the said creditors respectively,
according to their respective names and addresses appearing in the
statement of affairs of the said bankrupt, and also to the said bankrupt at
3. That the post office acknowledgment or the same is hereunto annexed and
marked "A".
Sworn at, etc.
(Signature)
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 34 [rule 105]
CERTIFICATE OF POSTAGE OF NOTICES. GENERAL MEETING
(Title.)
(a) Insert here if necessary "adjourned". I, , [insert description], hereby certify-
1. That I did, on the day of , send to each creditor mentioned in the
bankrupt's statement of affairs, a notice of the time and place of the (a)
general meeting of creditors.
2. That such notices were addressed to the said creditors respectively
according to their respective names and addresses appearing in the
statement of affairs of the said bankrupt.
3. That the post office acknowledgment for the same is hereunto annexed
and marked "A".
4. That I did on the said day of , send by registered post notice of
the time and place of the said meeting to the said bankrupt, and that such
notice was sent to the following address-
Dated this day of .
(Signature)
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 35 [rule 100]
NOTICE TO BANKRUPT TO ATTEND GENERAL MEETING OF CREDITORS
(Title.)
Take notice that the general meeting of your creditors will be held on
the day of , at o'clock at and that you are required to attend
thereat and submit to such examination and give such information as the
meeting may require. And further, take notice that if you fail to comply
with the requirements of this notice you will be guilty of contempt of
court and may be punished accordingly.
Dated this day of .
Provisional trustee.
To
the above-named bankrupt.
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 36
(Repealed L.N. 81 of 1998)
___________________
FORM 37 [rule 107]
MEMORANDUM OF ADJOURNMENT OF MEETINGS
(Title.)
(a) Here state reason for
adjournment. Meeting held at on the day of , at o'clock.
Memorandum-A meeting of creditors in the above matter was held at the time
and place above-mentioned, and the several proofs of debt lodged were
produced; but it appearing that (a) the meeting was adjourned until
the day of , at o'clock in the noon, then to be held at the same
place.
Chairman.
(L.N. 81 of 1998)
___________________
FORM 38
MEMORANDUM OF PROCEEDINGS AT ADJOURNED GENERAL MEETING
WHERE NO QUORUM
(Title.)
Meeting held at on the day of , at o'clock.
Memorandum.- The adjourned meeting of creditors in the above matter was
held at the time and place above-mentioned, and the several proofs of debt
lodged were produced; but it appearing that there was not a quorum of
creditors qualified to vote present or represented no resolution was
passed, and the meeting was not further adjourned.
Chairman.
(L.N. 81 of 1998)
___________________
FORM 39 [section 17B; rule 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 provisional trustee] do summon a meeting
of the creditors of the bankrupt to be held at on the day of , at
o'clock in the noon [here state the purpose for which meeting called].
Dated this day of .
Registrar.
(L.N. 125 of 2007)
___________________
FORM 40 [rule 99E]
NOTICE OF MEETING (GENERAL FORM)
(Title.)
[Here insert purpose for which meeting called]
Take notice that a meeting of creditors in the above matter will be held
at on the day of , at o'clock in the noon.
(Forms of general and special proxy are enclosed herewith.)
Agenda
Dated this day of .
Trustee.
(L.N. 125 of 2007)
___________________
FORM 41-42
(Repealed L.N. 81 of 1998)
___________________
FORM 43 [rule 99E]
NOTICE TO CREDITORS OF MEETING TO REMOVE TRUSTEE AND
TO APPOINT A PERSON TO FILL THE VACANCY
(Title.)
At the request of one-fourth in value of the creditors of the bankrupt a
general meeting of the creditors is hereby summoned to be held at on
the day of , at o'clock in the noon for the purpose of considering
the propriety of removing G. H., the trustee of the property of the
bankrupt, from his office as such trustee, and in the event of his removal
to appoint a person to fill the vacancy.
Dated this day of .
L.M.,
A member of the Creditors' Committee
[or Official Receiver]
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 44 [rule 99E]
NOTICE OF MEETING TO BE HELD TO APPOINT NEW TRUSTEE
(Title.)
I, C.D., Official Receiver, hereby give you notice that a meeting of
creditors will be held at on the day of , at o'clock in the noon,
for the purpose of appointing a trustee in the place of the late trustee,
who has resigned the office [or who has died or against whom a bankruptcy
order has been made].
Dated this day of .
Official Receiver.
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 45 [rule 2]
LIST OF CREDITORS ASSEMBLED. TO BE USED AT EVERY MEETING
(Title.)
Meeting held at this day of .
Number Names of creditors present or represented Amount of proof
1
2
3
4
5
6
7
7
Total number of creditors present or represented $ cts
(L.N. 81 of 1998)
___________________
FORM 46A [rule 109]
PROOF OF DEBT-GENERAL FORM
IN THE COURT OF FIRST INSTANCE OF HONG KONG
IN BANKRUPTCY
No. of
Except in the case of claims for wages or salary, where the debt proved
for exceeds $250 a fee of $15 must be paid hereon otherwise the proof
cannot be admitted.
Re:
Date of Bankruptcy Order
1 Name of Creditor
2 Address of Creditor
3 Total amount of claim, including any outstanding uncapitalised interest
as at the date of the bankruptcy order (Analysis of claim can be supplied on
separate sheet signed by creditor or
person authorized to act on his
behalf) $
4 Details of any documents by reference to which the debt can be
substantiated [Note: Either the originals or copies of documentary
evidence should be submitted. Bills of exchange or other negotiable
securities must be produced before the proof can be admitted. The trustee
may call for any document or evidence to substantiate the claim at his
discretion.]
5 If total amount above includes
outstanding uncapitalised
interest please state amount
6 Particulars of how and when
debt incurred
7 Particulars of any security held, the value of the security, and the date
it was given
8 I hereby declare that the particulars set out in this Proof of Debt are,
to the best of my knowledge and belief, true and correct.
Signature of creditor or person
authorized to act on his behalf
________________________________________
Name in BLOCK LETTERS ________________________________________
Position with or relation to
creditor and means of knowledge
of the matters declared therein
_______________________________________
Warning: A person convicted of making a false statement in respect of a
proof of debt shall be liable to a fine and imprisonment for 2 years.
Admitted to vote for
$
Date
Trustee
Admitted preferentially for
$
Date
Trustee
Admitted non-preferentially for
$
Date
Trustee
To be returned to the trustee.
Note: The proof cannot be admitted for voting at the general meeting of
creditors unless it is properly completed and lodged with the trustee not
later than 24 hours before the time specified in the notice convening the
meeting.
(L.N. 223 of 1992; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)
___________________
FORM 46B [rule 109]
AFFIDAVIT OF DEBT
IN THE COURT OF FIRST INSTANCE OF HONG KONG
IN BANKRUPTCY
No. (a) of
Re: (a)
I, (b)
,
of
make oath and say-
(1)(c) That I am (d)
of the under-mentioned creditor, and that I am duly authorized by (e)
to make this affidavit, and that it is within my own knowledge that the
debt hereinafter deposed to was incurred and that such debt, to the best
of my knowledge and belief, still remains unpaid and unsatisfied.
(2) That the said
was/were, at the date of the bankruptcy order, viz, the day
of , 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 ｝ [Deponent's
Signature.]
Before me,
[Notary Public/Commissioner for
Oaths/other authorized person +]
+ Delete as appropriate.
___________________________________________________________________________
_
Warning : A person convicted of making a false statement in respect of a
proof of debt shall be liable to a fine and imprisonment for 7 years.
___________________________________________________________________________
_
To be returned to the trustee.
(L.N. 223 of 1992; 47 of 1997 s. 10; L.N. 81 of 1998; 25 of 1998 s. 2;
L.N. 125 of 2007)
___________________
FORM 47 [rule 109]
PROOF BY TRUSTEE IN PRIOR BANKRUPTCY
(Title.)
I, , of , make oath and say-
1. The said was adjudicated a bankrupt on , and I am the
trustee under such bankruptcy.
2. There was at the date of the bankruptcy [or administration] order
herein, namely, the day of , and still 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 .
Trustee.
Admitted to rank for dividend
for $ this
day of .
Trustee.
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 48 [rule 110]
PROOF OF DEBT OF EMPLOYEES
(Title.)
(a) Fill in full name, address and occupation of deponent.
(b) the above-named debtor or the supervisor of the above-named debtor or
on behalf of the employees and others employed by the above-named debtor.
(c) or the said.
(d) my employ or the employ of the above-named debtor.
(e) me or the above-named debtor. I, (a) of ,
(b),
make oath and say-
1. That (c) w at the date of the bankruptcy order, viz. the day
of , and still justly and truly indebted to the several persons
whose names, addresses and descriptions appear in the schedule endorsed
hereon in sums severally set against their names in the sixth column of
such schedule for wages due to them respectively as employees or others in
(d) in respect of services rendered by them respectively to (e)
during such periods before the date of the bankruptcy order as are set out
against their respective names in the fifth column of such schedule, for
which said sums, or any part thereof, I say that they have not, nor hath
any of them, had or received any manner of satisfaction or security
whatsoever.
Sworn, etc.,
(Signature)
SCHEDULE referred to on the other side
1
No.
2
Full name of employee 3
Address 4
Description 5
Period
over which wages due 6
Amount due
$ cts
(L.N. 81 of 1998)
___________________
FORM 49 [rules 114, 115]
NOTICE OF REJECTION OF PROOF OF DEBT
(Title.)
(a) If proof wholly rejected strike out words underlined.
(b) 21 days or 7 days as the case may be.
See Rules 117 and 123(2). Take notice, that, as the trustee of the above
estate, I have this day rejected your claim against such estate (a) [to
the extent of $ ] on the following grounds-
And further take notice that if you are dissatisfied with my decision in
respect of your proof you may apply to the court to reverse or vary the
same, but subject to the power of the court to extend the time, no
application to reverse or vary my decision in rejecting your proof will be
entertained after the expiration of (b) days from this date.
Dated this day of .
Trustee.
To
(L.N. 125 of 2007)
___________________
FORM 50 [section 86B(1)(c)]
GENERAL PROXY
(Title.)
(a) If a firm write "we" instead of "I" and set out the full name of the
firm.
(b) Here insert either "Mr. of , a clerk, manager etc., in my regular
employ," or "Mr. of , my solicitor," or "the trustee". The standing of the
person appointed must be clearly set out.
(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 trustee shall in any case receive
dividends on behalf of a creditor.
(g) The trustee may require the authority to sign to be produced for his
inspection. I, (a) of , a creditor, hereby appoint (b) to be (c) general proxy
in the above matter [excepting as to the receipt of dividend (d)].
Dated this day of .
(Signed) (e)
(Signature of witness)
(Address)
NOTES
1. When the creditor desires that his general proxy should receive
dividends he should strike out the words, "excepting as to the receipt of
dividend", putting his initials thereto (f).
2. The authorized agent of a corporation may fill up blanks, and sign for
the corporation thus-
For the Company, Limited.
J.S. (duly authorized under the seal of the company).
3. A proxy given by a creditor may be filled up and signed by any person
in the employ of the creditor having a general authority in writing to
sign for such creditor. Such person shall sign-
J.S. (duly authorized by a general authority in writing
to sign on behalf [name of creditor]) (g).
Certificate to be signed by person other than creditor filling up
the above proxy
I, , of , being a [here state whether clerk or manager in the regular
employment of the creditor or a commissioner to administer oaths in the
Court of First Instance], hereby certify that all insertions in the above
proxy are in my own handwriting, and have been made by me at the request
of the above-named and in his presence, before he attached his signature
[or mark] hereto.
Dated this day of .
(Signature)
The proxy must be lodged with the trustee not later than 24 hours before
the time appointed for the meeting at which it is to be used.
(G.N.A. 124 of 1955; 25 of 1998 s. 2; L.N. 125 of 2007)
___________________
FORM 51 [section 86B(1)(c)]
SPECIAL PROXY
(Title.)
(a) If a firm, write "we" instead of "I", and set out the full name of
the firm.
(b) Here insert either "Mr. of," or "the trustee".
(c) "my" or "our".
(d) Here insert the word "for" or the word "against" as the case may
require, and specify the particular resolution or name of proposed
trustee, remuneration, or other matter.
(e) If a firm, sign the firm's trading title, and add "by A.B., partner
in the said firm." As to signature by agent see footnotes 2 and 3.
(f) The trustee may require the authority to sign to be produced for his
inspection.
I, (a) of , a creditor, hereby appoint (b) as (c) proxy at the
meeting of creditors to be held on the day of , or at any adjournment
thereof, to vote (d) .
Dated this day of .
(Signed) (e)
(Signature of witness)
(Address)
NOTES
1. A creditor may give a special proxy to any person to vote at
any specified meeting or adjournment thereof on all or any of the
following matters-
(a) for or against any specific proposal for a voluntary
arrangement;
(b) for or against the appointment of any specified person as
trustee or as member of the creditors' committee, or for or against the
continuance in office of any specified person, as trustee or member of a
creditors' committee;
(c) on all questions relating to any matter, other than those above
referred to, arising from any specified meeting or adjournment thereof.
2. The authorized agent of a corporation may fill up blanks, and
sign for the corporation thus-
For the Company, Limited
J.S.(duly authorized under the seal of the company)
3. A proxy given by a creditor may be filled up and signed by any
person in the employ of creditor having a general authority in writing to
sign for such creditor. Such person shall sign-
J.S. (duly authorized by a general authority in writing
to sign on behalf [name of creditor]) (f).
Certificate to be signed by person other than creditor filling up
the above proxy
I, , of , being a [here state
whether clerk or manager in the regular employment of the creditor or a
commissioner to administer oaths in the Court of First Instance], hereby
certify that all insertions in the above proxy are in my own handwriting,
and have been made by me at the request of the
above-named and in his presence before he
attached his signature [or mark] thereto.
Dated this day of .
(Signature)
The proxy must be lodged with the trustee not later than 24 hours before
the time appointed for the meeting at which it is to be used.
(G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)
___________________
FORM 52 [section 19]
APPLICATION BY THE OFFICIAL RECEIVER OR TRUSTEE FOR
AN ORDER APPOINTING A SITTING FOR THE PUBLIC
EXAMINATION OF THE BANKRUPT
(a) Insert the name and address of the bankrupt. Let (a)
attend before ______________________________________ as follows-
Date ____________________________________________________
Time _________________________________ hours
Place ____________________________________________________
____________________________________________________
on the hearing of an application by the Official Receiver or trustee for
an order that the bankrupt be publicly examined in court pursuant to
section 19 of the Bankruptcy Ordinance (Chapter 6) at such time and place
as the court shall direct and that the bankrupt shall attend such public
examination.
Dated this day of .
Official Receiver
or Trustee.
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 53 [section 19]
ORDER APPOINTING A TIME FOR THE PUBLIC
EXAMINATION OF THE BANKRUPT
Upon the application of the Official Receiver or Trustee
And upon hearing
And upon reading the evidence
It is ordered that the bankrupt be publicly examined pursuant to section
19 of the Bankruptcy Ordinance (Chapter 6) as follows-
Date ______________________________________________________________
Time _________________________________ hours
Place ______________________________________________________________
______________________________________________________________
And it is ordered that the bankrupt shall attend at the time and place
above-mentioned for such purpose.
Dated this day of .
Registrar.
WARNING TO BANKRUPT: If you fail without reasonable excuse to attend your
public examination at the time and place set out in the order, you will be
liable to be committed to prison without further notice. In addition, if
you commit perjury during your examination, you will be liable on
conviction to imprisonment for 7 years and a fine.
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 54 [section 19; rule 86]
NOTICE OF DAY FOR PROCEEDING WITH PUBLIC EXAMINATION
(FOR LOCAL NEWSPAPER OR Gazette)
(Title.)
Notice is hereby given that the court has appointed day, the day of ,
at o'clock in the noon, for Proceeding with the public examination of
the above-named bankrupt, which, on the day of , was adjourned sine
die.
Dated this day of .
Official Receiver
or Trustee.
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 55 [section 19; rule 23]
APPOINTMENT OF SHORTHAND WRITER TO TAKE
EXAMINATION OF BANKRUPT
(Title.)
Upon the application of the Official Receiver or trustee the court
hereby, pursuant to rule 23 of the Bankruptcy Rules, appoints of to
take the examination of the said at his public examination this day.
Dated this day of .
Registrar.
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
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 .
Declared before me at the time and place
above-mentioned.
(G.N.A. 124 of 1955)
___________________
FORM 57 [section 19; rule 23]
NOTES OF PUBLIC EXAMINATION OF BANKRUPT WHERE A
SHORTHAND WRITER IS APPOINTED
(Title.)
Public examination of the bankrupt held this day of , before .
The above-named bankrupt, being sworn and examined at the time and place
above-mentioned, upon the several questions following being put to him,
gave the several answers thereto respectively following each question,
that is to say-
A
This is a transcript of the notes of the public examination of , held
this day of .
Shorthand writer duly appointed under rule 23,
or
Shorthand writer attached to the Official Receiver's Office.
(G.N.A. 124 of 1955; L.N. 81 of 1998)
___________________
FORM 58 [section 19; rule 23]
NOTES OF PUBLIC EXAMINATION OF BANKRUPT WHERE
SHORTHAND WRITER IS NOT APPOINTED
Public examination of the bankrupt held this day of , before .
The above-named bankrupt being sworn and examined at the time and place
above-mentioned, upon his oath saith as follows-
A
These are the notes of the examination of , held this day of .
Signature of person taking the notes
(G.N.A. 124 of 1955; L.N. 81 of 1998)
___________________
FORM 59 [section 19]
ORDER OF ADJOURNMENT OF PUBLIC EXAMINATION
(Title.)
(a) Insert here word "further" if necessary.
[Set out any further order of the court] This being the day appointed for the
(a) public examination of the above-named , and the said having
submitted himself for such examination; now upon hearing the Official
Receiver or trustee, and upon hearing and it appearing that .
It is ordered that the said public examination be adjourned to the day
of , at in the noon. And it is further ordered that the said do
attend at the court on the said day of , for the purpose of being
further examined as to his conduct, dealings, and property. And it is
further ordered that the said .
Date this day of .
Registrar.
(L.N. 125 of 2007)
___________________
FORM 60-61
(Repealed L.N. 81 of 1998)
___________________
FORM 62 [section 19]
MEMORANDUM OF PUBLIC EXAMINATION OF BANKRUPT
(Title.)
Memorandum. That I,
the above-named bankrupt, being sworn and examined upon my oath say that
the notes of my public examination marked "A", and appended hereto, were
read over by or to me and are correct.
And I further say that, at the time of this my examination, I have
delivered up to the 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 .
Bankrupt.
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
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 .
Registrar.
___________________
FORM 64 [section 20B]
ORDER GRANTING STAY PENDING HEARING OF
APPLICATION FOR INTERIM ORDER
(Title.)
(a) Insert full name and address of applicant.
(b) Insert details of any action, execution or other legal process to be
stayed. Upon the application of (a)
And upon hearing
And upon reading the evidence
It is ordered that (b)
be stayed over the hearing of the application for an interim order
pursuant to section 20 of the Bankruptcy Ordinance (Chapter 6), namely
the day of
or over any adjournment
thereof.
Dated this day of .
Registrar.
(L.N. 81 of 1998)
___________________
FORM 65 [rule 122F]
INTERIM ORDER OF COURT UNDER SECTION 20 OF THE
BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert full name and address of applicant.
(b) Delete as applicable.
(c) 14 days unless an extension is granted on the application of the
nominee.
(d) Insert debtor's name.
(e) Date to be 2 business days before the day on which the report is to
be considered.
(f) Insert details of any orders made under section 20C(3) and (4) of the
Bankruptcy Ordinance (Chapter 6).
(g) Delete if debtor is not a bankrupt or if he is a bankrupt but the
applicant is the Official Receiver. Upon the application of (a)
And upon hearing
And upon reading the evidence
(b) [And upon the application of , the
nominee, for an extension of the period for which the interim order shall
have effect pursuant to section 20D(4) of the Bankruptcy Ordinance
(Chapter 6)]
It is ordered that during the period of (c) _______ days beginning with
the day after the date of this order and during any extended period for
which this interim order has effect-
(i) no bankruptcy petition relating to the above-named (d) ________
_________________________________________________ (the debtor) may be
presented or proceeded with; and
(ii) no other proceedings, and no execution or other legal process, may be
commenced or continued against the debtor or his property except with the
leave of the court.
And it is ordered that the report of the nominee be submitted and
delivered by him to the court not later than (e)
[And it is ordered that (f)
And it is ordered that
(g) [And it is ordered that the applicant forthwith serve a copy of this
order on the Official Receiver.]
Date _______________________________
Time ___________________________ hours
Place _______________________________
to be appointed for consideration of the nominee's report.
Dated this day of .
Registrar.
(L.N. 81 of 1998)
___________________
FORM 66 [rule 122F(4)]
ORDER EXTENDING EFFECT OF INTERIM ORDER
(Title.)
(a) Insert full name and address of applicant.
(b) Insert date of filing.
(c) Insert date.
(d) Date to be not less than 14 days from date of filing of report under
rule 122J of the Bankruptcy Rules (Cap. 6 sub. leg.) nor more than 28 days
from date of consideration of report under rule 122L of the Bankruptcy
Rules (Cap. 6 sub. leg.). Upon the application of (a)
And upon hearing
And upon reading the evidence
And the court having this day considered the report of the nominee
submitted pursuant to section 20D of the Bankruptcy Ordinance (Chapter 6)
and filed on (b) ______________________ .
It is ordered that the period for which the interim order made on (c) ____
has effect be extended to (c) _________ to enable a meeting of the
debtor's creditors to be summoned to consider the debtor's proposals, such
meeting as proposed by the nominee to be held on-
Date (d) _______________________________
Time _____________________________ hours
Place _________________________________
And it is ordered that this application be adjourned to-
Date _________________________________
Time _____________________________ hours
Place _________________________________
for consideration of the report of the chairman of the creditors' meeting.
Dated this day of .
Registrar.
(L.N. 81 of 1998)
___________________
FORM 67 [sections 20G, 20H & 20I]
ALTERNATIVE ORDERS TO BE MADE AT HEARING TO
CONSIDER CHAIRMAN'S REPORT
(Title.)
(a) Insert full name and address of applicant.
(b) Delete as applicable.
(c) Insert any other orders made in respect of the petition. Upon the application
of (a)
And upon hearing
(b) [And upon reading the report of the chairman of the creditors' meeting
that the said meeting had [approved the proposed voluntary arrangement
with or without modifications] [declined to approve the debtor's proposal
with or without modifications.]]
[It is ordered that this application be [adjourned generally with liberty
to restore] [adjourned to the day
of to enable an application to be made to
extend the time for filing the report of the chairman of the creditors'
meeting.]]
[And it is ordered that the time for filing the said report be extended to
this day.]
And whereas-
(i) on the day of a
bankruptcy petition No. of was filed
by against the
above-named (the debtor); and
(ii) by virtue of section 20H(3) of the Bankruptcy Ordinance (Chapter 6)
the said petition is deemed, unless the court otherwise orders, to have
been dismissed.
The court makes no further order save that-
(i) the registration of the petition as a pending action at the Land
Registry on under Reference No. PA
may be vacated upon the application of the debtor under the Land
Registration Ordinance (Chapter 128);
(ii) (c)
Dated this day of .
NOTICE TO DEBTOR-(Where voluntary arrangement approved and there is a
pending petition which is deemed to be dismissed).
It is your responsibility and in your interest to ensure that the
registration of the petition at the Land Registry is cancelled.
(L.N. 81 of 1998)
___________________
FORM 68-78
(Repealed L.N. 81 of 1998)
___________________
FORM 79 [section 33; rule 80]
APPLICATION TO ANNUL ADJUDICATION
(Title.)
(a) Delete as appropriate. I, R.S., of , being interested in this matter [or
I, , Official Receiver/trustee (a)] do hereby make application to the
court that the bankruptcy order against A.B. be annulled [here state
grounds of application].
Dated this day of .
(Signature)
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 80 [rule 12]
ORDER ANNULLING ADJUDICATION
(Title.)
(a) Delete as appropriate. On the application of R.S., of , [or On the application
of the Official Receiver/trustee (a)], and on reading and hearing ,
it is ordered that the bankruptcy order dated against A.B., of , be
and the same is hereby annulled.
Dated this day of .
Registrar.
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 81 [rule 88]
ORDER OF SUSPENSION OF DISCHARGE UNDER SECTION 30A(3)
OF THE BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert date.
(b) Delete as applicable.
(c) State briefly in what respect the bankrupt has failed to comply with
his obligations.
(d) Insert period for which discharge is to be suspended. in chambers
Upon the application of the Official Receiver or trustee and after taking
into consideration his report filed on (a)
as to the above-named bankrupt's conduct during the proceedings under the
bankruptcy.
And upon hearing
And upon reading the evidence
And a bankruptcy order having been made against the above-named bankrupt
on (a)
And it appearing to the court that the bankrupt (b) [has failed] [is
failing] to comply with his [her] obligations under the Bankruptcy
Ordinance (Chapter 6) namely (c)
It is ordered that the relevant period for the purposes of section 30A of
the Bankruptcy Ordinance (Chapter 6) shall cease to run (b) [for a period
of (d)].
Dated this day of .
Registrar.
(L.N. 81 of 1998)
___________________
FORM 82 [section 30A(4)]
NOTICE OF INTENTION TO OBJECT TO BANKRUPT'S
DISCHARGE UNDER SECTION 30A(4) OF THE
BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert name of creditor or trustee.
(b) Delete any paragraph which is not applicable.
TAKE notice that I, (a) _____________________, intend to object to the
bankrupt's discharge on one or more of the following grounds-
(i) in the case of a discharge to which section 30A(2)(a) of the
Bankruptcy Ordinance (Chapter 6) applies, that the bankrupt is likely
within 5 years of the commencement of the bankruptcy to be able to make a
significant contribution to his[her] estate;
(ii) that the discharge of the bankrupt would prejudice the
administration of his[her] estate;
(iii) that the bankrupt has failed to co-operate in the administration
of his[her] estate;
(iv) that the conduct of the bankrupt, either in respect of the period
before or the period after the commencement of the bankruptcy, has been
unsatisfactory;
(v) without limiting section 30A(4)(c) or (d) of the Bankruptcy
Ordinance (Chapter 6), that the bankrupt has departed from Hong Kong and
has failed forthwith to return to Hong Kong following a request to do so
from the trustee;
(vi) that the bankrupt has continued to trade after knowing
himself/herself to be insolvent;
(vii) that the bankrupt has committed an offence under section 129
(fraudulent conduct on the part of the bankrupt) or any of sections 131 to
136 of the Bankruptcy Ordinance (Chapter 6) (obtaining credit, gambling
offences, failure to keep proper accounts, absconding with property and
concealing oneself to avoid service of bankruptcy proceedings);
(viii) that the bankrupt has failed to prepare an annual report of his/her
earnings and acquisitions for the trustee.
AND THAT I propose to apply for an order under section 30A(3) of the
Bankruptcy Ordinance (Chapter 6) suspending the running of the relevant
period for the bankrupt's discharge.
Dated this day of .
Creditor/Official Receiver. [or Trustee.]
(L.N. 81 of 1998)
___________________
FORM 83 [section 30A(5)]
NOTICE TO CREDITORS BY TRUSTEE UNDER SECTION 30A(5)
OF THE BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert date.
(b) Insert bankrupt's name.
(c) Delete as applicable. TAKE notice that under the provisions of section 30A of the
Bankruptcy Ordinance (Chapter 6) on (a) ____________ (b)
___________________ will be discharged from his [her] bankruptcy in the
absence of any objections from his[her] trustee in bankruptcy or creditors.
AND THAT I do not intend to object to the bankrupt's discharge. [intend to
object to the bankrupt's discharge on the following grounds-] (c)
AND THAT the bankrupt's creditors have the right to object to his[her]
discharge on any of the following grounds-
(i) in the case of a discharge to which section 30A(2)(a) of the
Bankruptcy Ordinance (Chapter 6) applies, that the bankrupt is likely
within 5 years of the commencement of the bankruptcy to be able to make a
significant contribution to his[her] estate;
(ii) that the discharge of the bankrupt would prejudice the
administration of his[her] estate;
(iii) that the bankrupt has failed to co-operate in the administration
of his[her] estate;
(iv) that the conduct of the bankrupt, either in respect of the period
before or the period after the commencement of the bankruptcy, has been
unsatisfactory;
(v) without limiting section 30A(4)(c) or (d) of the Bankruptcy
Ordinance (Chapter 6), that the bankrupt has departed from Hong Kong and
has failed forthwith to return to Hong Kong following a request to do so
from the trustee;
(vi) that the bankrupt has continued to trade after knowing
himself/herself to be insolvent;
(vii) that the bankrupt has committed an offence under section 129 or any
of sections 131 to 136 of the Bankruptcy Ordinance (Chapter 6);
(viii) that the bankrupt has failed to prepare an annual report of his/her
earnings and acquisitions for the trustee.
AND THAT if any of the bankrupt's creditors wish to object to the
bankrupt's discharge he [she] or they must do so on Form 82 notifying the
court and me not less than 14 days before (a) ______________________ .
Dated this day of .
Trustee.
(L.N. 81 of 1998)
___________________
FORM 84 [rule 90]
APPLICATION FOR EARLY DISCHARGE OF BANKRUPT
UNDER SECTION 30B(1) OF THE BANKRUPTCY
ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert full name and address of bankrupt.
(b) Delete as appropriate.
(c) Insert date.
(d) State the names and addresses of the trustee(s) to be served.
(e) State the bankrupt's address for service. I, (a)
_________________________________________________
_______________________________________________________ , hereby apply to
the court for an order for my early discharge from bankruptcy.
I have not previously been adjudged bankrupt [or I have previously been
adjudged bankrupt, but more than 3 years have elapsed since the date of
the first bankruptcy order/adjudication order] (b).
None of the circumstances set out in section 30B(2) of the Bankruptcy
Ordinance (Chapter 6) applies to me.
The grounds on which I claim to be entitled to be discharged from
bankruptcy are set out in my affidavit sworn on
(c) a copy of which affidavit accompanies
this application.
The names and addresses of the trustee(s) upon whom this application
should be served are-(d)
The bankrupt's address for service is-(e)
Dated this day of .
Signed _______________________________
(Solicitor for the) Bankrupt
ENDORSEMENT
This application having been filed in court on ____________________ , it
is ordered that the application shall be heard as follows-
Date ____________________________________________________
Time _____________________________ hours
Place ___________________________________________________
Registrar.
(L.N. 81 of 1998)
___________________
FORM 85 [rule 89]
APPLICATION BY BANKRUPT UNDER SECTION 30A(7) OF
THE BANKRUPTCY ORDINANCE (CHAPTER 6) FOR
LIFTING A SUSPENSION OF THE RUNNING OF
THE RELEVANT PERIOD FOR DISCHARGE
IMPOSED BY THE COURT UNDER
SECTION 30A(3) OF THE ORDINANCE
(Title.)
(a) Insert name and address of person(s) to attend hearing.
(b) Insert name.
(c) Insert date.
(d) State the names and addresses of the persons to be served.
(e) State the bankrupt's address for service. Let (a)
attend before as follows-
Date ____________________________________________________
Time __________________________ hours
Place ___________________________________________________
___________________________________________________
on the hearing of an application by (b) the bankrupt for an order that
the suspension of the running of the relevant period for his [her]
discharge imposed by the court under section 30A(3) of the Bankruptcy
Ordinance (Chapter 6) on (c) be lifted.
The grounds on which the bankrupt claims to be entitled to the order are
set out in the affidavit of the bankrupt sworn on (c) a copy of which
affidavit accompanies this application.
The names and addresses of the persons upon whom this application should
be served are (d)
The bankrupt's address for service is-(e)
Dated this day of .
Signed __________________________________
(Solicitor for the) Bankrupt
(L.N. 81 of 1998)
___________________
FORM 86 [rule 89]
ORDER OF COURT LIFTING SUSPENSION OF DISCHARGE
(Title.)
(a) Insert full name and address of bankrupt.
(b) Delete as applicable.
(c) Insert name of Official Receiver's representative or trustee.
(d) Insert date.
(e) Insert terms of previous order. in chambers
Upon the application of (a)
the above-named bankrupt, (b) [and after taking into consideration the
report of (c) in this matter].
And upon hearing
And upon reading the evidence
It is ordered that the order made on (d)
whereby it was ordered that (e)
be discharged.
Dated this day of .
Registrar.
(L.N. 81 of 1998)
___________________
FORM 87 [rule 89]
CERTIFICATE THAT ORDER SUSPENDING
DISCHARGE HAS BEEN LIFTED
(Title.)
(a) Insert full name and address of bankrupt.
(b) Insert date.
A bankruptcy order having been made by this court against (a)
on (b) and
an order suspending the above-named bankrupt's discharge having been made
on (b)
It is certified that the said order of suspension of discharge was lifted
on (b)
Dated this day of .
Registrar.
(L.N. 81 of 1998)
___________________
FORM 88 [rule 92]
CERTIFICATE OF DISCHARGE
(Title.)
(a) Insert full name and address of bankrupt.
(b) Insert date of bankruptcy order.
(c) Insert full name of bankrupt.
(d) Insert effective date of discharge. A bankruptcy order having been made by this
court against (a)
on (b)
It is certified that the said (c)
was discharged from his bankruptcy on (d)
Dated this day of .
NOTICE TO BANKRUPT OR PERSONAL REPRESENTATIVE OF BANKRUPT (IF BANKRUPT IS
DECEASED)-
Should you require advertisement of this order in a local newspaper and/or
the Gazette, you should, within __________________ days, notify the
trustee, enclosing the prescribed fee, details of which can be obtained by
contacting the trustee.
Registrar.
(L.N. 81 of 1998)
___________________
FORM 89-93
(Repealed L.N. 81 of 1998)
___________________
FORM 94 [rule 29]
APPLICATION BY TRUSTEE FOR COMMITTAL OF BANKRUPT
OR OTHER PERSON
(Title.)
I, the trustee of the property of the said bankrupt [or as the case may
be], do apply to the court for an order of committal for contempt of the
court against the said bankrupt [or L.M., ], on the ground set forth
in the annexed affidavit.
Dated this day of .
Trustee.
___________________
FORM 95
(Repealed L.N. 81 of 1998)
___________________
FORM 96 [rule 29]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR COMMITTAL OF
BANKRUPT FOR CONTEMPT UNDER SECTION 26 OR 55
(Title.)
(a) Delete as appropriate.
Where bankrupt does not submit to examination
Where bankrupt fails to attend a meeting other than the first.
Where bankrupt fails to execute a deed
Where bankrupt fails to attend a meeting other than the first or to
execute a deed
Where bankrupt fails to obey special orders of court.
Where bankrupt failed to deliver up property. I, , the Official Receiver of the
estate of the said bankrupt/the trustee of the property of the said
bankrupt (a) make oath, and say-
[1. That the said bankrupt did attend at a general meeting of his
creditors for the purpose of appointing a trustee held on the day of
, at , and wilfully refused to submit to be examined at such meeting in
respect of his property [or his creditors], the submitting to examination
being a duty imposed upon him by the Bankruptcy Ordinance (Chapter 6).]
or
[1. That the said bankrupt did wilfully fail to attend a meeting of
his creditors held on the day
of , at [or to wait
on me at my office on the day
of ], the attending such meeting [or
waiting on me] being a duty impose upon him by the Bankruptcy Ordinance
(Chapter 6).]
or
[1. That the said bankrupt has wilfully failed to execute [here
describe the deed, etc., that he has failed to execute], the execution of
such deed when required by me being a duty imposed upon him by section 26
[or 55] of the Bankruptcy Ordinance (Chapter 6)]
2. [That the said bankrupt was on the day
of , duly served with a notice, a copy of
which is hereunto annexed, by leaving the same at his usual place of
residence, requiring him to attend the said meeting], [or to execute the
above-mentioned deed, etc.]
Or
[1. That the said bankrupt has wilfully failed to perform the duty
imposed upon him by section 26 of the Bankruptcy Ordinance (Chapter 6)
(here insert any act he has been required to do by any special order of
the court, stating the day on which the order was made).]
2. [That the said bankrupt was duly served with a copy of such
order by leaving the same at his usual place of residence on
the day of .]
Or
[1. That the said bankrupt has failed to deliver up possession of
(here state the property he has failed to deliver up), which property is
divisible amongst his creditors under the Bankruptcy Ordinance (Chapter 6)
and which said property was (or is) in his possession or control, he
having been required by me to deliver up the said property by notice, a
copy of which is hereunto annexed, and which notice was served upon him on
the day of ,
at .]
Sworn at, etc.
Official Receiver.
[or Trustee.]
(L.N. 81 of 1998; L.N. 125 of 2007)
___________________
FORM 97 [rule 29]
AFFIDAVIT OF TRUSTEE UNDER SECTION 53(5)
(Title.)
I, G.H., the trustee of the property of the said A.B., a bankrupt, make
oath and say-
1. That I believe that L.M., of, hath in his possession or power as
[here set out the capacity in which the person stands to the bankrupt]
certain moneys [and securities] belonging to the bankrupt, that is to say
[here set out and describe the particular moneys and securities]
2. That on the day of , I did apply personally to the said L.M. to
pay and deliver to me the said moneys and securities, and that he did not
then pay or liver, nor has he since paid or delivered, to me the same [or
That I, on the day of , posted a letter to the said L.M., addressed
to him at , calling upon him to, etc., and that on the day of , I
posted another letter, by which I again called upon him to, etc., and that
he has failed to pay and deliver the same].
3. That I firmly believe that the said L.M. is not entitled by law to
retain such moneys [and securities] as against the bankrupt or against me
as the trustee of the property of the bankrupt.
Sworn at, etc.
Trustee.
___________________
FORM 98 [section 110; rule 30]
NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 110
(Title.)
To
Take notice that C.D., of , will on the day of , at o'clock in
the noon, apply to the court for an order for your committal to prison
for contempt of this court, you having disobeyed the order of the court
made on the day of , [here set out order]. And further take notice
that you are required to attend the court on such day at the hour before
stated, to show cause why an order for your committal should not be made.
Dated this day of .
Registrar.
(L.N. 81 of 1998)
_________________
FORM 99 [section 26(4); rule 30]
NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 26
(Title.)
To the said A.B., bankrupt.
Take notice that the trustee [or Official Receiver] of the property of the
said bankrupt will on the day of , at o'clock in the noon, apply to
the court for an order for your committal to prison for contempt of this
court, you having failed to perform the duty imposed on you by section 26
of the Bankruptcy Ordinance (Chapter 6) [here set out the duty he has
failed to perform]. And further take notice that you are required to
attend the court on such day at the hour before stated to show cause why
an order for your committal should not be made.
Dated this day of .
Registrar.
_________________
FORM 100 [section 53(5); rule 30]
NOTICE OF APPLICATION FOR COMMITTAL UNDER SECTION 53(5)
(Title.)
To [here insert name, address and description of the person to whom the
notice is to be sent].
Take notice that the trustee [or Official Receiver] of the property of the
bankrupt will on the day of , at o'clock in the noon, apply to the
court for an order for your committal to prison for contempt of this court
you having failed to pay and deliver to him certain moneys [and
securities] belonging to the bankrupt in your possession or power as [here
state whether as treasurer, banker, etc.], that is to say [here set out
and describe the particular moneys and securities]. And further take
notice that you are required to attend the court on such day at the hour
before stated to show cause why an order for your committal should not be
made.
Dated this day of .
Registrar.
_________________
FORM 101 [section 110]
ORDER OF COMMITTAL UNDER SECTION 110
(Title.)
Whereas by an order of this court made on the day of , [here recite
the order]. Now upon the application of C.D., of , and upon hearing A.B.
[or as the case may be], [or if he does not appear] reading the affidavit
of [here insert name and description of person by whom the order was
served on A.B.], and upon reading the affidavit of [enter evidence], the
court being of opinion that the said A.B. has been guilty of a contempt of
his court by his disobedience of the said order, it is ordered that the
said A.B. do stand committed to [here insert prison] for his said
contempt.
Dated this day of .
Registrar.
(L.N. 81 of 1998)
_________________
FORM 102 [section 26(4)]
ORDER OF COMMITTAL UNDER SECTION 26
(Title.)
Upon the application of the trustee [or Official Receiver] of the property
of the bankrupt, and upon hearing the bankrupt [or if he does not appear],
and reading the affidavit of [here insert name and description of person
by whom the notice to show cause was served] and upon reading the
affidavit of [enter evidence], the court being of opinion that the
bankrupt has been guilty of a contempt of this court by having failed to
[here follow the notice], it is ordered that the bankrupt do stand
committed to [here insert prison] for his said contempt.
Dated this day of .
Registrar.
(L.N. 81 of 1998)
_________________
FORM 103 [section 53(5)]
ORDER OF COMMITTAL UNDER SECTION 53(5)
(Title.)
Upon the application of the trustee of the property of the bankrupt, and
upon hearing L.M. [or if L.M. does not appear] and reading the affidavit
of [here insert name and description of person by whom the notice to show
cause was served] and upon reading the affidavit of [enter evidence] the
court being of opinion that L.M. has been guilty of a contempt of this
court by having failed to pay and deliver to the said trustee certain
moneys [and securities] [here follow the notice], it is ordered that the
said L.M. do stand committed to [here insert prison] for the said
contempt.
Dated this day of .
Registrar.
_________________
FORM 104 [section 26(4); rule 30]
AFFIDAVIT OF NON-COMPLIANCE WITH ORDER OF COURT
(Title.)
I, L.M. of make oath and say-
1. That G.H. of was by an order of the court made on the day of ,
ordered to [here set out order].
2. That [a copy of] the said order was duly served on the said G.H.
3. That the said G.H. has failed to obey the order.
Sworn, etc.
(Signature)
_________________
FORM 105 [rule 26]
WARRANT OF COMMITTAL FOR CONTEMPT
(Title.)
To the Bailiff of the High Court of Hong Kong and his assistants and to
all police officers of Hong Kong and to the Commissioner of Correctional
Services.
Whereas by an order of this court bearing date the day of , it was
ordered that the said debtor or bankrupt [or L.M. of ] should stand
committed for contempt of this court.
These are therefore to require you the said bailiff, and others, to take
the said debtor or bankrupt [or L.M.] and to delivery him to the
Commissioner of Correctional Services, and you the said Commissioner to
receive the said debtor or bankrupt [or L.M.], and him safely to keep in
prison in your custody until such time as this court shall order; and you
the said Commissioner shall, while the said debtor or bankrupt [or L.M.]
is in your custody, at all times when the court shall so direct produce
the said debtor or bankrupt [or L.M.] before the court.
Dated this day of .
Registrar.
(G.N.A. 124 of 1955; L.N. 232 of 1984; L.N. 81 of 1998; 25 of 1998 s. 2)
_________________
FORM 106
ORDER FOR DISCHARGE FROM CUSTODY ON CONTEMPT
(Title.)
Upon application made this day of for A.B., who was committed to
prison for contempt by order of this court, dated the day of , and
upon reading his affidavit showing that he has cleared (or is desirous of
clearing) his contempt and has paid the costs occasioned thereby, and upon
hearing the trustee [or Official Receiver or C.D. of ], it is order
that the Commissioner of Correctional Services do discharge the said A.B.
out of his custody, as to the said contempt.
Dated this day of .
Registrar.
(L.N. 232 of 1984)
_________________
FORM 107
ORDER FOR PRODUCTION OF PERSON IN PRISON FOR EXAMINATION
BEFORE THE COURT
(Title.)
Upon application made this day of by [applicant] for an order for the
production of A.B., who was committed to prison for contempt by order of
this court dated the day of , for examination before this court, it is
ordered that the Commissioner of Correctional Services do cause the said
A.B. to be brought in custody before the court at day of for
examination before the court, and afterwards to be taken back to prison to
be there safely kept pursuant to the said order.
Dated this day of .
Registrar.
(L.N. 232 of 1984)
_________________
FORM 108 [section 54; rule 26]
SEARCH WARRANT
(Title.)
Whereas by evidence duly taken upon oath it hath been made to appear to
the court that there is reason to suspect and believe that property of the
said debtor or bankrupt is concealed in the house [or other place,
describing it, as the case may be] of one X.M., of such house [or
place] not belonging to the said debtor or bankrupt.
These are therefore to require you to enter in the daytime into the house
[or other place, describing it] of the said X.M. situate at aforesaid,
and there diligently to search for the said property, and if any property
of the said debtor or bankrupt shall be there found by you on such search,
that you seize the same, to be disposed of and dealt with according to the
provisions of the Bankruptcy Ordinance (Chapter 6).
Dated this day of .
Registrar.
To the Bailiff of the High Court and his assistants.
(L.N. 81 of 1998; 25 of 1998 s. 2)
_________________
FORM 109 [section 27; rule 26]
WARRANT OF SEIZURE
(Title.)
Whereas on the day of , a bankruptcy order was made against the said
bankrupt: These are therefore to require you forthwith to enter into and
upon the house and houses, and other the premises of the said bankrupt,
and also in all other place and places belonging to the said bankrupt
where any of his goods and moneys are, or are reputed to be; and there
seize all the ready money, jewels, plate, household stuff, goods,
merchandise, books of account, and all other things whatsoever, belonging
to the said bankrupt, except his necessary clothing, bedding, furniture
and household equipment, as excepted by the Bankruptcy Ordinance (Chapter
6).
And that which you shall so seize you shall safely detain and keep in your
possession until you shall receive other orders in writing for the
disposal thereof from the trustee [or Official Receiver]; and in case of
resistance or of not having the key or keys of any door or lock of any
premises belonging to the said bankrupt where any of his goods are or are
suspected to be, you shall break open, or cause the same to be broken
open, for the better execution of this warrant.
Dated this day of .
Registrar.
To the Bailiff of the High Court and his assistants.
(L.N. 81 of 1998; 25 of 1998 s. 2)
_________________
FORM 110 [section 27; rules 26, 27]
WARRANT AGAINST DEBTOR ABOUT TO QUIT HONG KONG, ETC.
(Title.)
To the Bailiff of the High Court of Hong Kong and his assistants and to
all police officers of Hong Kong and to the Commissioner of Correctional
Services.
Whereas, by evidence taken upon oath, it hath been made to appear to the
satisfaction of the court that there is probable reason to suspect and
believe that the said A.B., of has absconded and
gone outside Hong Kong [or quitted his place of residence], [or is about
to go outside Hong Kong (or quit his place of residence)] with a view to
avoiding service of a bankruptcy petition [or to avoiding appearing in a
bankruptcy petition, or to avoiding examination in respect of his affairs,
or otherwise delaying or embarrassing the proceedings in bankruptcy or to
avoiding payment of a debt in respect of which a statutory demand has been
served or an attempt to serve a statutory demand has been made.]
[Or that there is probable cause to suspect and believe that the said A.B.
is about to remove his goods or chattels with a view to preventing or
delaying such goods or chattels being taken possession of by the trustee
of the property of the bankrupt or that the said A.B. has concealed (or is
about to conceal or destroy) his goods or chattels, or some of them, or
his books, documents or writings, or some or one of them, which books,
documents or writings, or some or one of them, may be of use to the
creditors in the course of the bankruptcy of the said A.B.]
[Or that it hath been made to appear to the satisfaction of this court
that the said A.B. has removed certain of his goods and chattels in his
possession, above the value of $500, without the leave of the Official
Receiver or trustee, that is to say (here describe the goods or
chattels).]
[Or that the said A.B. did without good cause fail to attend at this court
on the day of , for the
purpose of being examined, according to the requirements of an order of
this court made on the day
of , directing him so to attend.]
[Or that there is probable cause for believing that the said A.B. has
committed an offence punishable under the Bankruptcy Ordinance (Chapter
6).]
These are therefore to require you the said bailiff, and others, to take
the said A.B. and to deliver him to the Commissioner of Correctional
Services and you the said Commissioner to receive the said A.B., and him
safely to keep in prison until such time as this court may order.
Dated this day of .
Registrar.
(G.N.A. 124 of 1955; L.N. 46 of 1964; L.N. 232 of 1984; L.N. 81 of 1998;
23 of 1998 s. 2; 25 of 1998 s. 2)
_________________
FORM 111 [section 28]
ORDER TO POSTMASTER GENERAL UNDER SECTION 28
(Title.)
(a) Here insert the full address or addresses.
(b) "the said Official Receiver [or trustee] at " or otherwise as the
court may direct. Upon the application of the Official Receiver [or the
trustee] of the property of the above bankrupt, it is ordered that for a
period of 3 months from the day of , all post letters, telegrams and
postal packets directed or addressed to the said bankrupt, at (a) shall
be re-directed, sent or delivered by the Postmaster General, or officers
acting under him, to (b) except any letter on which there is a specific
direction signed by the Official Receiver [or trustee] that it is to be
delivered as addressed, if possible, and that a sealed duplicate of this
order be forthwith transmitted by the Official Receiver [or trustee] to
the Postmaster General, or officers acting under him.
Dated this day of .
Registrar.
(L.N. 81 of 1998)
_________________
FORM 112 [section 29; rule 25]
SUMMONS UNDER SECTION 29
(Title.)
(a) Insert the name and address of the person to attend court.
(b) Insert the name of the person to attend court.
(c) State any particular documents required, e.g., all ledgers and books
of account, invoices, statements of account, letters, books, papers and
documents of every kind, in any manner relating to your dealings and
transactions with A.B. a bankrupt, touching a debt alleged to be due by
you to the said bankrupt's estate amounting to the sum of $ Let (a)
attend before ______________________________________ as follows-
Date ____________________________________________________
Time ________________________________________________ hours
Place ____________________________________________________
____________________________________________________
on the hearing of an application by the Official Receiver or trustee for
an order that (b) __________ shall attend the court at such time and place
as the court shall direct for the purpose of giving evidence in the above
matter, and then and there to have and produce (c) ______________ .
Dated this day of
Registrar.
Note:
This summons is issued on the application of the Official Receiver or
trustee, and take notice, that if the sum of $ , stated to
be due by you to this estate, be paid to ,
Official Receiver or trustee, at , on or before
the day of , this summons
will be discharged.
If you fail without lawful impediment to attend the court at such time and
place as the court shall direct, the court may by warrant cause you to be
apprehended and brought up for examination.
If you commit perjury while giving evidence in connection with this
matter, you will be liable on conviction to imprisonment for 7 years and a
fine.
(L.N. 81 of 1998; L.N. 125 of 2007)
_________________
FORM 113 [section 29; rule 25]
ADMISSION OF DEBT BY DEBTOR OF BANKRUPT
(Title.)
In the matter of A.B. of , a bankrupt.
I, the undersigned J.K. of , do hereby admit that I am indebted to the
said bankrupt in the sum of $ upon the balance of accounts between
myself and the said bankrupt.
J.K.
Dated this day of .
Witness,
C.D., Registrar,
[or Official Receiver]
_________________
FORM 114 [section 29; rule 25]
ORDER TO PAY DEBT
(Title.)
Whereas on the examination before the court of J.K. of , it has
appeared to the court that the said J.K. is indebted to the said bankrupt
in the sum of $ , on the balance of accounts between him and the
bankrupt; it is ordered that the said J.K. do pay to the trustee of the
property of the bankrupt, in full discharge of the said sum, the sum of $
forthwith [or if otherwise state the time and manner of payment], and do
further pay to the said trustee the sum of $ for costs.
Dated this day of .
Registrar.
(L.N. 81 of 1998)
_________________
FORM 115 [section 29; rules 26, 28]
WARRANT TO APPREHEND A PERSON SUMMONED UNDER SECTION 29
(Title.)
To the Bailiff of the High Court of Hong Kong and his assistants and to
all police officers of Hong Kong and to the Commissioner of Correctional
Services.
Whereas by summons dated the day of , and directed to A.B., of [or
F.M., of ], the said A.B. [ or F.M.] was required personally to be and
appear on the day of at o'clock in the noon at the court to be
examined [and produce such document as hereinafter mentioned] which said
summons was afterwards on the day of as hath been proved upon oath
duly served upon the said and a reasonable sum was tendered him for
his expenses, and whereas the said having no lawful impediment made
known to and allowed by the court at the time of its sitting hath refused
to appear before the court at the time appointed [and/or hath refused to
produce a document in his custody or power relating to the bankrupt, his
dealings, or property which the court has required him to produce]. These
are, therefore, to require and authorize you and every of you, the said
bailiff and your assistants and police officers and constables immediately
upon receipt hereof to take the said A.B. [or F.M.], and bring him before
this court at such time and place as this court shall direct, in order to
his being examined as aforesaid, and in the meantime him safely to keep or
deliver to the Commissioner of Correctional Services and forthwith, after
such taking and delivery, to report the same to the court, and obtain its
direction or order fixing a day, time and place for the examination of the
said A.B. [or F.M.], and you the said Commissioner of Correctional
Services to receive the said A.B. [or F.M.], and him safely keep in prison
and in your custody to await the direction or order of the court, and to
produce him before the court at such time and place as shall be specified
in such direction or order, and for so doing this shall be a sufficient
warrant to you and every of you.
Dated this day of .
Registrar.
(L.N. 232 of 1984; L.N. 81 of 1998; 25 of 1998 s. 2)
_________________
FORM 116 [section 29; rule 28]
ORDER FOR PRODUCTION OF PERSON APPREHENDED UNDER WARRANT
UNDER SECTION 29 FOR EXAMINATION BEFORE THE COURT
(Title.)
Upon report made to the court the day of , that A.B. has been
apprehended under a warrant issued by the court on the day of , it is
ordered that the Commissioner of Correctional Services do cause the said
A.B. to be brought in custody before the court sitting on the day of
at o'clock in the noon for examination before the court, and in the
meantime to be safely kept, and afterwards if the court shall so direct
to be taken back to prison and there safely kept pursuant to the said
warrant.
Dated this day of .
Registrar.
(L.N. 232 of 1984)
_________________
FORM 117 [rule 127]
REGISTER OF ASSIGNMENT OF BOOK DEBTS
Assignor
Assignee
Satisfac-tion entered*
No.
Name
Address
Occupa-tion
Name
Address
Occupa-tion Nature of assign-ment
Consid-eration
Date
Date of registrat-ion
Remarks
* For use only in case of assignment by way of security or other charge.
(L.N. 232 of 1984)
_________________
FORM 118 [section 43E; rule 128]
NOTICE OF APPLICATION FOR INCOME PAYMENT ORDER
(Title.)
To A.B.
Take notice that I intend to apply to the court on the day
of ,
, at o'clock in the noon,
for an order under section 43E of the Bankruptcy Ordinance (Chapter 6) for
the payment of a part of your pay [or salary or income] to me as trustee
for the benefit of the creditors under your bankruptcy. Unless at least 7
days before the date fixed for the hearing you send to the court and to me
written consent to an order being made in the terms of the application,
you are required to attend the hearing; and if you attend, you will be at
liberty to show cause why the order should not be made, or an order should
be made otherwise than as applied for by me.
Dated this day of
, .
G.H., Trustee.
(L.N. 81 of 1998)
_________________
FORM 119
(Omitted as spent)
_________________
FORM 120 [rule 128A(1)]
ORDER FOR INCOME CLAIMED UNDER SECTION 43E(3)(a)
OF THE BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert full name and address of applicant.
(b) Delete as applicable.
(c) Insert total amount to be paid.
(d) Insert intervals at which instalments are to be paid e.g.
weekly/monthly and amount to be paid in each instalment.
(e) Insert date to which order is to remain in force.
(f) Insert date of first payment.
(g) Insert name and address of trustee to whom payments are to be sent. in
chambers
Upon the application of (a)
And upon hearing
(b) [And upon the consent of the above-named bankrupt] it appears to the
court that the sum of $(c) should be paid by the
above-named bankrupt by (d)
to the trustee until (e)
It is ordered that the above-named bankrupt to pay (d)
out of his income, the first of such instalments to be made on or before
(f)
And it is ordered that the above-named bankrupt do send the payments to (g)
Dated this day of .
Registrar.
(L.N. 81 of 1998)
_________________
FORM 121 [rule 128A(2)]
ORDER FOR INCOME CLAIMED UNDER SECTION 43E(3)(b)
OF THE BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert full name and address of applicant.
(b) Delete as applicable.
(c) Insert total amount to be paid.
(d) Insert intervals at which instalments are to be paid e.g.
weekly/monthly and amount to be paid in each instalment.
(e) Insert date to which order is to remain in force.
(f) Insert full name and address of payer.
(g) Insert date of first payment.
(h) Insert name and address of trustee to whom payments are to be sent. in
chambers
Upon the application of (a)
And upon hearing
(b) [And upon the consent of the above-named bankrupt] it appears to the
court that the sum of $(c) should be paid by the
above-named bankrupt by (d)
to the trustee until (e)
It is ordered that (f)
do take (d)
out of the above-named bankrupt's income, the first of such instalments to
be paid on or before (g)
And it is ordered that (f)
do send the sums deducted to (h)
Dated this day of .
Registrar.
(L.N. 81 of 1998)
_________________
FORM 122
(Omitted as spent)
_________________
FORM 123 [section 59; rule 130]
NOTICE TO LANDLORD OF INTENTION TO DISCLAIM LEASEHOLD
PROPERTY NOT SUBLET OR MORTGAGED
(Title.)
(a) lease or tenancy as the case may be.
(b) Here specify property let. Take notice that I intend to disclaim the
(a) dated whereby (b)
was let to the above-named bankrupt as a rent of $
If you require the matter to be brought before the court you must give
notice thereof to me in writing within 7 days of the receipt by you of
this notice.
Dated this day of .
Trustee.
To
The landlord of the above-mentioned
property.
_________________
FORM 124 [section 59; rule 130]
NOTICE OF INTENTION TO DISCLAIM LEASEHOLD PROPERTY
SUBLET OR MORTGAGED
(Title.)
(a) Here insert particulars of demised property.
(b) the above-named bankrupt or as the case may be. Take notice that I
intend to disclaim the lease dated whereby (a)
was let to (b) at a rent of $
If you require the matter to be brought before the court, you must give
notice thereof to me in writing within 14 days of the receipt by you of
this notice.
Dated this day of .
Trustee.
To
The landlord of the above-mentioned
premises and
To
The sub-tenant, or mortgagee.
_________________
FORM 125 [section 59; rule 130]
DISCLAIMER WITHOUT NOTICE OF INTENTION TO DISCLAIM
(Title.)
(a) lease dated the or as the case may be.
(b) Insert description of the property.
(c) on a tenancy or for a term of years or as the case may be.
(d) Insert names and addresses of persons to whom notice given. I, ,
the trustee of the property of the above-named bankrupt, hereby disclaim
the (a) of the premises (b) which were let to the above-named bankrupt
(c) at a rent of $ per
Notice of this disclaimer has been given to (d)
Dated this day of .
Trustee.
(G.N.A. 124 of 1955)
_________________
FORM 126 [section 59; rule 130]
DISCLAIMER OF LEASEHOLD PROPERTY AFTER NOTICE
TO LANDLORD, MORTGAGEES, ETC.
(Title.)
(a) Here insert names and addresses of persons to whom notice of
intention to disclaim has been given.
(b) Here insert particulars of demised property.
(c) the above-named bankrupt or as the case may be.
(d) Insert names and addresses of persons to whom notice of disclaimer has
been given. Pursuant to notice dated the day of , addressed to
(a) I, , the trustee of the property of the above-named bankrupt,
hereby disclaim the lease dated the day of , whereby (b) were
let to (c) at a rent of $ for a term of
Notice of this disclaimer has been given to (d)
Dated this day of .
Trustee.
(Address)
_________________
FORM 127 [section 59; rule 130]
DISCLAIMER OF LEASE WITH LEAVE OF COURT
(Title.)
(a) Insert description of the property disclaimed.
Pursuant to an order of court dated the day of , I, , the trustee
of the property of the above-named bankrupt, hereby disclaim all interest
in the lease dated the day of , whereby the premises (a) were
demised to at a rent of $ per annum, for a term of
Notice of this disclaimer has been given to
Dated this day of .
Trustee.
_________________
FORM 128 [section 59; rule 130]
NOTICE OF DISCLAIMER WITHOUT LEAVE OF COURT
(Title.)
(a) the lease dated the day of or as the case may be.
(b) Insert description of property disclaimed.
(c) on a tenancy or for a term of years or as the case may be.
(d) Add where necessary pursuant to notice dated the day
of .
Take notice that, by writing under my hand, bearing date
the day of ,
I, , the trustee of the
property of the above-named bankrupt, disclaimed (a)
of the premises known as
(b) which were
let to (c) at a
rent of $ per
(d)
The above-mentioned disclaimer has been filed in court with the
proceedings in the bankruptcy [and has been registered in the Land
Registry].
Your attention is directed to the provisions of the Bankruptcy Ordinance
(Chapter 6) on the back hereof.
Dated this day
of .
Trustee.
To
(Address)
________________________________________________________
NOTE.-On the back of this notice the provisions of subsections (2) and (6)
of section 59 of the Bankruptcy Ordinance should appear.
(G.N.A. 124 of 1955; 8 of 1993 s. 30; 20 of 2002 s. 5)
_________________
FORM 129 [section 59; rule 130]
NOTICE OF DISCLAIMER OF LEASE WITH LEAVE OF COURT
(Title.)
Take notice that pursuant to an order of court dated
the day of ,
I, , the trustee of the property of the above-named
bankrupt, by writing under my hand bearing date the day
of disclaimed all interest in the lease dated
the day of , whereby the
premises were demised
to at a rent of $ per annum, for a
term of .
The above-mentioned disclaimer has been filed in court with the
proceedings in bankruptcy [and has been registered in the Land Registry].
Dated this day of .
Trustee.
To
(Address)
(G.N.A. 124 of 1955; 8 of 1993 s. 30; 20 of 2002 s. 5)
_________________
FORM 130 [section 59; rule 130]
FORM OF NOTICE BY LANDLORD OR OTHER PERSON REQUIRING
TRUSTEE TO BRING MATTER OF INTENDED DISCLAIMER
OF PROPERTY BURDENED WITH ONEROUS
COVENANTS BEFORE THE COURT
(Title.)
To
Trustee of the property of the above-named bankrupt.
Sir,
I hereby give you notice that the bankrupt was, at the date of the
bankruptcy order, interested as lessee [or as the case may be] in the
property described in the schedule to this notice, and that as such lessee
[or as the case may be the bankrupt was liable in respect of [set out
nature of the bankrupt's liability] which liability has devolved on you as
trustee in bankruptcy of his property, and I hereby require you to bring
the matter of your intended disclaimer of the bankrupt's interest in the
said property before the court.
I am, etc.,
(Signature)
[State how interested in the property]
SCHEDULE to notice when given by lessor
Date
of
lease
Names, addresses and descriptions
of parties
to lease
Full description of property leased
Term
and
rent
Date of assignment
to bankrupt
(if any)
Names and addresses of parties to assignment
(if any) Particulars
of any
notices of mortgage of lease by bankrupt
SCHEDULE to notice when given by mortgagee or assignee
Date
of
lease
Names
and addresses of parties
to lease
Description of property leased
Term
and
rent
Date
of
mortgage
Names
and
addresses
of parties
to
mortgage
Term conveyed by
mortgage
Amount secured
by mortgage Particulars of any transfer of mortgage, with dates and names and
descriptions of parties thereto
(L.N. 81 of 1998)
_________________
FORM 131 [section 82(3); rule 174]
APPLICATION FOR DIRECTIONS BY TRUSTEE
(Title.)
I desire to make application to the court for its directions [here state
the particular matter in relation to which they are sought].
Trustee.
Let this application be heard on the day of , at o'clock in the noon,
and let the trustee give notice to [here insert the persons to whom it is
to be given].
Dated this day of .
Registrar.
_________________
FORM 132 [section 82(3); rule 174]
ORDER ON APPLICATION OF TRUSTEE FOR DIRECTIONS
(Title.)
Whereas at a court held [or in chambers] this day the trustee of the
property of the bankrupt applied to the court for its directions [here
state the particular matter in relation to which they are sought]. Now
upon hearing C.D., of on the matter, it is ordered [here set out
the order], and that the trustee do pay out of the property of the
bankrupt the sum of the costs of this order, [and the sum of to C.D.
for his costs] [or that C.D. do pay the sum of the costs of this
order].
Dated this day of .
Registrar.
_________________
FORM 133
(Repealed L.N. 81 of 1998)
_________________
FORM 134 [rule 144]
CREDITOR'S PETITION FOR ADMINISTRATION OF ESTATE
OF DECEASED DEBTOR UNDER SECTION 112
(Title.)
I, C.D., of [or We, C.D., of , and E.F. of ], hereby petition
the court that an order be made for the administration in bankruptcy of
the estate of the late [here insert name and description of deceased
debtor] who died on the day of , and say-
1. That the said A.B. at some time within 3 years immediately preceding
his death was ordinarily resident or had a place of residence or carried
on business in Hong Kong.
2. That the estate of the said A.B. is justly and truly indebted to me [or
us in the aggregate] in the sum of $ [set out amount of debt or debts
and the consideration].
3. That [I] do not nor does any person on [ my] behalf hold any security
on the said deceased debtor's estate, or on any part thereof, etc. [or as
in Form No. 10, Creditor's petition].
4. That the estate of the said A.B. is according to my information and
belief insufficient to pay his debts.
5. That the will of the said A.B. was on the day of ,
proved by J.S., of , and G.H., of
or
That letters of administration were on the day of , granted to J.S.,
of , and G.H., of
or
That no probate or administration in respect of the said estate has been
applied for.
Dated this day of .
C.D.
E.F.
Signed by the petitioner in my presence.
Signature of witness.
Address.
Description.
ENDORSEMENT
This petition having been presented to the court on the day
of , it is ordered that this petition shall be heard at on
the day of , at o'clock in the noon.
If you, the said J.S. or G.H., intend to show cause against the petition,
you must file with the Official Receiver a notice showing the grounds upon
which you intend to show cause, and post a copy of the notice to the
petitioner or his solicitor, in each case 3 days before the day on which
the petition is to be heard.
Registrar.
(L.N. 81 of 1998)
_________________
FORM 135 [section 112(9); rule 144]
PETITION BY LEGAL PERSONAL REPRESENTATIVE OR OFFICIAL
ADMINISTRATOR FOR ORDER OF ADMINISTRATION
UNDER SECTION 112
(Title.)
I, C.D. of [or We, C.D., of , and E.F., of ], hereby petition
the court that an order be made for the administration in bankruptcy of
the estate of the late [here insert name and description of deceased
debtor], who died on the day of , and say-
1. That I am the Official Administrator of the estate [or I am/we are] the
legal personal representative [or representatives] of the said [debtor]
and that his will was on the day of , proved by [or that letters
of administration of his estate were on the day of , granted to
].
2. That the said A.B. at some time within 3 years immediately preceding
his death was ordinarily resident or had a place of residence or carried
on business in Hong Kong.
3. That the estate of [debtor] is according to my [or our] information and
belief insufficient to pay his debts.
(Signed)
Signed by the petitioner in my presence.
Signature of witness.
Address.
Description.
(G.N.A. 124 of 1955; L.N. 81 of 1998)
_________________
FORM 136 [section 112(4); rule 146]
ORDER FOR ADMINISTRATION IN BANKRUPTCY OF ESTATE OF
DECEASED DEBTOR UPON PETITION
(Title.)
Upon the petition of C.D., dated , and numbered of , and upon
reading and hearing , it is ordered that the estate of
A.B., of , who died insolvent, be administered in the bankruptcy, and
that the Official Receiver be the trustee, and the costs of this
application be
Dated this day of .
Registrar.
_________________
FORM 137 [section 94; rule 169]
STATEMENT TO ACCOMPANY APPLICATION FOR RELEASE
(Title.)
Statement showing the position of estate at the date
of application for release
$ $
Receipts
Cash found
Bank balance
Refund of utility deposits
Receipts for termination of insurance policies
Proceeds from Court
Proceeds of sale
Book debts collected
Payment by debtor/bankrupt
Others
__________
NET REALIZATIONS
Money paid by third party
Less: Refund
__________
Petitioner's deposit
Less: Refund
__________
Distraint money
Less: Refund
__________
__________
Payments
Petitioner's taxed costs
Court fees and taxing fees
Gazetting and advertising charges
Travelling expenses and transportation charges
Professional fees
Photocopying charges
Official Receiver's fees
Trustee's remuneration
Distribution to creditors
Preferential payment ________%
Deferred preferential payment ________%
Ordinary dividend (a) ________%
Deferred ordinary dividend ________%
Storage charges
Others
__________
Balance
__________
(a) First or final or as the case may be. If more than one payment was
made, state each payment separately. NOTES: 1. There are no further
assets to be realized and no further payments to be made to creditors.
2. Creditors — ________ (b) preferential creditors ..........
$
(b) Insert number of creditors. ________ (b) ordinary creditors ................
$ ________
$ ----------------
3. Creditors can obtain any further information by enquiry at the
office of the trustee (add here the trustee's address, contact telephone
number and contact person).
Dated this day of .
Trustee.
(L.N. 125 of 2007)
_________________
FORM 138 [section 67; rule 123]
NOTICE TO CREDITORS OF INTENTION TO DECLARE DIVIDEND
(Title.)
(a) Insert here first or second or final or as the case may be. A (a)
dividend is intended to be declared in the above matter. You are mentioned
in the bankrupt's statement of affairs, but you have not yet proved your
debt.
If you do not prove your debt by the day of , you will be excluded
from this dividend.
Dated this day of .
Trustee.
(Address)
(L.N. 81 of 1998)
_________________
FORM 139 [section 67; rule 123]
NOTICE TO PERSONS CLAIMING TO BE CREDITORS OF INTENTION
TO DECLARE FINAL DIVIDEND
(Title.)
Take notice that a final dividend is intended to be declared in the above
matter, and that if you do not establish your claim to the satisfaction of
the court on or before the day of , or such later day as the court
may fix, your claim will be expunged, and I shall proceed to make a final
dividend without regard to such claim.
Dated this day of .
Trustee.
(Address)
_________________
FORM 140
(Repealed L.N. 81 of 1998)
_________________
FORM 141 [section 67; rule 123]
NOTICE OF DIVIDEND
(Title.)
(Please bring this dividend notice with you)
Dividend of per cent
Notice is hereby given that a dividend of
per cent has been declared in this matter, and that the same may be
received at my office, as above, on the day of , or on any
subsequent between the hours of and
Upon applying for payment this notice must be produced entire together
with any bills of exchange, promissory notes or other negotiable
securities held by you. If you do not attend personally you must fill up
and sign the subjoined forms of receipt and authority, when a cheque or
money order payable to your order will be delivered in accordance with the
authority.
Dated this day of .
(Signed) G.H.,
Trustee.
To
_________________
RECEIPT
.
Received of the sum of $ , being the amount payable to me/us in
respect of the dividend of per cent on my/our claim against this
estate.
------------------
$
------------------
(Creditor's signature)
AUTHORITY
(a) Strike out words inapplicable. If not to be sent by post strike out
words in italics, and insert the name of the person who is to receive the
cheque or money order. Sir,
Please deliver (a) to me/us by post, at my/our risk or (a) to the bearer,
Mr. the cheque or money order for the dividend payable to me/us in this
matter.
(Creditor's signature)
(Date) .
To, G.H., Trustee.
(G.N.A. 124 of 1955; 31 of 1981 s. 65)
__________________
FORM 142 [section 73]
APPLICATION BY CREDITOR FOR ORDER FOR TRUSTEE TO PAY
DIVIDEND WITHHELD AND ORDER THEREON
(Title.)
I, F.K., of , make application to this court for an order to be made
upon the trustee to pay the dividend in this bankruptcy due to me, with
interest thereon for the time it has been withheld from me, that is to
say, from the day of , on which day I applied to the trustee for its
payment to me, and also to pay to me the costs of this application.
Dated this day of .
F.K.
ORDER
Upon the reading of this application, and upon hearing , it is ordered
that the trustee do forthwith pay to the said F.K. the sum of $ , the
amount of such dividend.
And it is further ordered that the trustee do pay to the said creditor at
the same time the sum of , for interest on such dividend, being at the
rate specified under section 49 of the High Court Ordinance (Cap 4) for
the time that its payment has been withheld, together with a further sum
of for the costs of this application.
Dated this day of .
Registrar.
[If the court does not order payment, then after the words it is ordered
insert the order
made.]
(L.N. 81 of 1998; L.N. 125 of 2007)
_________________
FORM 143
REQUEST TO DELIVER BILL FOR TAXATION
(Title.)
(a) Here state capacity in which person employed or engaged. I hereby
request that you will, within 7 days of this date or such further time as
the court may grant, deliver to me for taxation by the Registrar your bill
of costs [or charges] as (a) failing which I shall, in pursuance of the
Ordinance, proceed to declare and distribute a dividend without regard to
any claim you may have against me or against the estate of the debtor.
Dated this day of .
G.H.,
Trustee.
_________________
FORM 144
ALLOCATUR FOR COSTS OF DEBTOR'S PETITION
(Title.)
(a) is or is not. I hereby certify-
1. That I have taxed the bill of costs of ,the debtor's solicitor, for
filing the petition herein, and have allowed the same at the sum of $ .
2. That the deposit of paid to the Official Receiver on the filing of
the petition (a) included in the above-mentioned sum.
3. That credit has been given in the said bill for the sum of received on
account of such costs.
Dated this day of .
-----------------
$
----------------
Registrar.
_________________
FORM 145 [rule 190]
CERTIFICATE BY CREDITORS' COMMITTEE AS TO AUDIT OF
TRUSTEE'S ACCOUNT
We, the undersigned, members of the creditors' committee in the matter
of , a bankrupt, hereby certify that we have examined the foregoing
account with the vouchers, and that to the best of our knowledge and
belief the said account contains a full, true and complete account of the
trustee's receipts and payments on account of the estate.
Dated this day of .
A.B.
C.D. Creditors' Committee
E.F. ｝
(L.N. 81 of 1998)
_________________
FORM 146 [section 93; rule 191(3)]
AFFIDAVIT VERIFYING TRUSTEE'S ACCOUNT
(Title.)
* If no receipts or payments, strike out the words in italics. I, G.H.,
of , the trustee of the property of the above-named bankrupt, make
oath and say-
That *the account hereunto annexed marked B contains a full and true
account of my receipts and payments on account of the bankrupt's estate
from the day of to
the day of inclusive, *and that I
have not, nor has any other person by my order or for my use during such
period, received or paid any moneys on account of the said estate *other
than and except the items mentioned and specified in the said account.
Sworn at, etc.
G.H., Trustee.
_________________
FORM 147 [rule 168]
TRUSTEE'S TRADING ACCOUNT
(Title.)
G.H., the trustee of the property of the bankrupt in account with the
estate.
RECEIPTS PAYMENTS
Date
$ ￠ Date $ ￠
G.H., Trustee.
(Date)
We have examined this account with the vouchers and find the same correct,
and we are of opinion that the expenditure has been proper.
Dated this day of .
Creditors' Committee
[or Member of the Creditors' Committee.]
(L.N. 81 of 1998)
_________________
FORM 148 [rule 168]
PROFIT AND LOSS ACCOUNT (TRADING ACCOUNT)
(Title.)
PROFIT and LOSS ACCOUNT
Dr. Cr.
Stock on hand on day of ...............
Purchases ....................................................
Trade expenses, viz $ ￠
Sales ...........................
Other receipts, if any ...................
Stock on hand on day of .......... $ ￠
Rent and taxe..........
Wages .....................
Miscellaneous ........................ $ ￠
Balance being profit ..............
G.H., Trustee.
(Date)
---------------------------------------------------------------------------
---------------------------------
NOTE.-This account to be submitted when the creditors' committee require,
and in any case at the end of the trading business carried on by the
trustee.
(L.N. 81 of 1998)
_________________
FORM 149 [rule 168]
AFFIDAVIT VERIFYING TRUSTEE'S TRADING ACCOUNT
(Title.)
I, G.H., of the trustee of the property of the above-named
bankrupt, make oath and say that the account hereto annexed is a full,
true and complete account of all money received and paid by me or by any
person on my behalf in respect of the carrying on of the trade or business
of the bankrupt, and that the sums paid by me as set out in such account
have, as I believe, been necessarily expended in carrying on such trade or
business.
Sworn at, etc.
G.H., Trustee.
_________________
FORM 150 [section 88; rule 176]
STATEMENT OF ACCOUNTS UNDER SECTION 88
(Title.)
Receipts Payments
Date
Of whom received
Nature of receipt
Amount
Date
To whom paid
Nature of payment
Amount
$ ￠ $ ￠
(Signature)
Dated this day of .
_________________
FORM 151 [rule 182]
AFFIDAVIT BY SPECIAL MANAGER
(Title.)
I, of , make oath and say as follows-
1. The account hereunto annexed marked with the letter "A", produced and
shown to me at the time of swearing this my affidavit, and purporting to
be my account as special manager of the estate or business of the
above-named debtor [bankrupt], contains a true account of all and every
sums and sum of money received by me or by any other person or persons by
my order or to my knowledge or belief for my use on account or in respect
of the said estate or business.
2. The several sums of money mentioned in the said account hereby verified
to have been paid or allowed have been actually and truly so paid and
allowed for the several purposes in the said account mentioned.
3. The said account is just and true in all and every the items and
particulars therein contained according to the best of my knowledge and
belief.
Sworn, etc.
(Signature)
(L.N. 81 of 1998)
_________________
FORM 152 [section 94; rule 169]
NOTICE TO CREDITORS OF INTENTION TO APPLY FOR RELEASE
(Title.)
Take notice that I, the undersigned trustee [or late trustee] of the
property of the bankrupt, intend to apply to the court for my release, and
further take notice that any objection you may have to the granting of my
release must be notified to the court within 21 days of the date hereof.
A summary of my receipts and payments as trustee is here annexed.
Dated this day of .
Trustee.
To
K.L.,
Creditor.
___________________________________________________________________
NOTE-Section 94(3) of the Bankruptcy Ordinance (Chapter 6) enacts that "An
order of the court releasing the trustee shall discharge him from all
liability in respect of any act done or default made by him in the
administration of the affairs of the bankrupt, or otherwise in relation to
his conduct as trustee, but any such order may be revoked on proof that it
was obtained by fraud or by suppression or concealment of any material
fact."
_________________
FORM 153 [section 94; rule 169]
APPLICATION BY TRUSTEE TO COURT FOR RELEASE
(Title.)
I, G.H., the trustee of the property of the bankrupt, do hereby report to
the court as follows-
1. That the whole of the property of the bankrupt has been realized for
the benefit of his creditors [and a dividend to the amount of per
cent has been paid as shown by the statement hereunto annexed];
[or That so much of the property of the bankrupt as can, according to the
joint opinion of myself and the creditors' committee, hereunto annexed in
writing under our hands, be realized without needlessly protracting the
bankruptcy, has been realized as shown by the statement hereunto annexed,
and a dividend to the amount of per cent has been paid];
[or That a voluntary arrangement has been approved by a meeting of
creditors summoned under section 20E of the Bankruptcy Ordinance.]
2. I therefore hereby apply to the court for my release.
Dated this day of .
G.H.,
Trustee.
(G.N.A. 124 of 1955; L.N. 81 of 1998)
_________________
FORM 154 [rule 195]
NOTICE OF TRANSFER OF SEPARATE ESTATE TO JOINT ESTATE FOR GAZETTE
(Title.)
Notice is hereby given that there being in the hands of the trustee in the
above bankruptcy a surplus estimated at $ arising from the separate
estate of [name of separate partner] one of the bankrupts, and there being
no separate creditors of such bankrupt, it is the intention of such
trustee, at the expiration of days from the appearance of this notice
in the Gazette, to transfer such surplus to the credit of the joint estate
in the said bankruptcy.
Dated this day of .
Trustee.
_________________
FORM 155 [rule 47]
APPLICATION TO SET ASIDE A STATUTORY DEMAND
(Title.)
(a) Insert name and address of person to attend hearing.
(b) Insert name
of debtor.
(c) Insert date.
(d) State the names and addresses of the persons to be served.
(e) State the applicant's address for service. Let (a)
attend before
as follows-
Date ____________________________________________________
Time _______________________________ hours
Place ___________________________________________________
___________________________________________________
on the hearing of an application by (b)
the applicant for an order that the statutory demand
dated be set aside.
The grounds on which the applicant claims to be entitled to the order are
set out in the affidavit of the applicant sworn on
(c) a copy of which affidavit
accompanies this application.
The names and addresses of the persons upon whom this application should
be served are-(d)
The applicant's address for service is-(e)
Dated this day of .
Signed ___________________________________
(Solicitor for the) Applicant
If you do not attend, the court may make such order as it thinks fit.
(L.N. 81 of 1998)
_________________
FORM 156 [rule 48]
ORDER SETTING ASIDE STATUTORY DEMAND
(Title.)
(a) Insert name and address of applicant.
(b) Insert details of any further order in the matter. Upon the application of
(a) _________________________________
________________________________________________________
________________________________________________________
and upon hearing ___________________________________________
and upon reading the evidence.
It is ordered that the statutory demand dated ____________________ be set
aside.
And it is ordered that (b) __________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
Dated this day of .
Registrar.
(L.N. 81 of 1998)
_________________
FORM 157 [section 30D(1)]
ORDER UNDER SECTION 30D(1) OF THE BANKRUPTCY
ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert name, address and description of applicant.
(b) Insert name and address of Inland Revenue Official who is to produce
the documents.
(c) Delete as applicable.
(d) Insert description of documents to be produced.
(e) Insert any requirements as to the manner in which the documents are
to be produced.
(f) Insert time within which production required (not less than 21 days
after the date of the order). in chambers
Upon the application of (a)
And upon hearing
And upon reading the evidence filed
It is ordered that-
(b)
do produce to the court (c) [the following documents (d)-] [the documents
set out in the schedule to this order]
(c) [by (e)]
within (f)
Dated this day of .
Registrar.
(L.N. 81 of 1998)
_________________
FORM 158 [section 30D(3)]
ORDER UNDER SECTION 30D(3) OF THE BANKRUPTCY
ORDINANCE (CHAPTER 6)
(Title.)
(a) Insert name, address and description of applicant.
(b) Insert details of documents to be disclosed.
(c) Insert date of order under section 30D(1) of the Bankruptcy Ordinance
(Chapter 6).
(d) Insert the name of the trustee who must be the Official Receiver, a
certified public accountant or a solicitor. See section 30D(1) of the
Bankruptcy Ordinance (Chapter 6).
(e) Insert any further order regarding means of disclosure. in chambers
Upon the application of (a)
And upon hearing
And upon reading the evidence filed
It is ordered that-
(b)
which were produced to this court in compliance with an order dated
(c)
under section 30D(1) of the Bankruptcy Ordinance (Chapter 6)
be disclosed to-
(d)
And it is ordered that the above-named be at liberty to inspect and peruse
the documents so produced and to make notes of the contents thereof and to
be entitled to be supplied with copies thereof on payment of the proper
charges.
(e)
Dated this day of .
Registrar.
(L.N. 81 of 1998; 23 of 2004 s. 56)
_________________
FORM 159 [section 30D(3)]
APPLICATION FOR ORDER UNDER SECTION 30D(3) OF
THE BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Delete as applicable.
(b) Insert details of documents to be disclosed.
(c) Insert date of order under section 30D(1) of the Bankruptcy Ordinance
(Chapter 6).
(d) Insert the name of the trustee who must be the Official Receiver, a
certified public accountant or a solicitor. See section 30D(1) of the
Bankruptcy Ordinance (Chapter 6).
(e) Insert any further order required regarding means of disclosure. I,
, the [Official Receiver and] (a) trustee of the
property of hereby
apply for an order that (b)
which were produced to this court in compliance with an order dated
(c) under section 30D(1) of the
Bankruptcy Ordinance (Chapter 6) be disclosed to-(d)
And for an order that the above-named be at liberty to inspect and peruse
the documents so produced and to make notes of the contents thereof and to
be entitled to be supplied with copies thereof on payment of the proper
charges.
(e)
Dated this day of .
[Official Receiver and] (a) Trustee.
(L.N. 81 of 1998; 23 of 2004 s. 56)
_________________
FORM 160 [section 30D(1)]
APPLICATION FOR ORDER UNDER SECTION 30D(1) OF
THE BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)
(a) Delete as applicable.
(b) Insert description of documents to be produced.
(c) Insert any requirements as to the manner in which the documents are
to be produced.
(d) Insert time within which production is required (not less than 21
days after the date of the order). I,
, the [Official Receiver and] (a) trustee of the property
of hereby apply for an
order that the Commissioner of Inland Revenue shall produce to the Court
(a) [the following documents] (b) [the documents set out in the schedule
to this order]
(b) [by (c)]
within (d)
Dated this day of .
[Official Receiver and] (a) Trustee.
(L.N. 81 of 1998)
_________________
FORM 161 [rule 47]
AFFIDAVIT IN SUPPORT OF APPLICATION TO SET ASIDE
STATUTORY DEMAND
(Title.)
(a) Insert name, address and description of person making the oath.
(b) Insert date.
(c) Insert one of the 8 following possibilities or if none of them is
applicable state grounds on which you consider the statutory demand should
be set aside.
(1) "Do not admit the debt because ..." [here state grounds], or
(2) "Admit the debt but not that it is payable immediately" [state
reason], or
(3) "Admit the debt as to
$ , and that this is payable but that the remainder
is not immediately payable. I am prepared to pay the amount of $
, immediately" [state reason], or
(4) "Admit the debt and am prepared to secure or compound for it to the
creditor's satisfaction by ..." [state nature of satisfaction], or
(5) "Say that the debt is a secured debt" [give full details of security
and its value], or
(6) "Have a counterclaim (or set-off or cross demand) for $ being a sum
equal to (or exceeding) the claim in respect of" [here state grounds of
counterclaim etc.], or
(7) "Say that execution on the Judgment of the Court has been stayed"
[give details], or
(8) "Say that the demand does not comply with the Bankruptcy Rules (Cap 6
sub. leg.) in that ..." [state reason]. I, (a)
________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
make oath and say as follows-
1. That on (b) the statutory
demand exhibited hereto and marked "A" came into my hands.
2. That I (c)
Sworn at _____________________
Date ________________________
Before me ____________________
Signature ___________________
(L.N. 81 of 1998)
_________________
FORM 162 [rule 44]
STATUTORY DEMAND UNDER SECTION 6A(1)(a) OF THE BANKRUPTCY ORDINANCE
(CHAPTER 6) DEBT FOR LIQUIDATED SUM PAYABLE IMMEDIATELY FOLLOWING A
JUDGMENT OR ORDER OF THE COURT
(Title.)
Warning
˙ This is an important document. You must deal with this demand within 21
days of its service upon you or you could be made bankrupt and your
property and goods taken away from you. Please read this demand and notes
carefully.
˙ If you are in any doubt about your position, you should seek advice
immediately from a solicitor.
˙ There are additional notes overleaf.
Demand
To _______________________________
Address ________________________________
________________________________
This demand is served on you by the creditor-
Name _________________________________
Address ________________________________
________________________________
The creditor claims that you owe the following debt and that it is payable
immediately and, to the extent of the sum demanded, is unsecured-
Amount due as
When Description at the date of
incurred of debt this demand
(1) (2) (3)
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
Amount of Debt $___________
By a Judgment/order of the ____________ court in proceedings entitled
Number __________ between Plaintiff and ________________ Defendant it was
adjudged/ordered that you pay to the Plaintiff creditor the sum of $
__________ and $ ________ for costs.
The creditor demands that you pay the above debt or compound for it to the
creditor's satisfaction.
Signature _______________________________
Name
(BLOCK LETTERS) ______________________
Date __________________________________
Position with or relationship to creditor __________
______________________________________
Address ________________________________
Tel. No. ________________________________
Ref. No. _______________________________
NB The person making the damand must complete the whole of this page and
Parts A, B and C on page 2. Notes for Creditor
˙If the creditor is entitled to the debt by way of assignment, details of
the original creditor and any intermediary assignees should be given in
Part C on page 2.
˙If the amount of debt includes interest, details should be given in
column (2), including the grounds upon which interest is charged. The
amount of interest must be shown separately in column (3).
˙Any other charge accruing due from time to time may be claimed. The
amount or rate of the charge must be identified and the grounds on which
it is claimed must be stated.
˙In either case the amount claimed must be limited to that which has
accrued due at the date of the demand.
˙If the creditor holds any security the amount of debt should be the sum
the creditor is prepared to regard as unsecured for the purposes of this
demand. Brief details of the total debt should be included in column (2),
and the nature of the security and the value put upon it by the creditor,
as at the date of the demand, must be specified.
˙If signatory is a solicitor or other agent of the creditor the name of
his/her firm should be given.
Part A
Appropriate court for setting aside demand
Any application by you to set aside this demand should be made to the
Court of First Instance
Part B
The person or persons to whom any communication regarding the demand may
be addressed is/are-
Name and
Address ____________________________________________________________
____________________________________________________________
_____________________________________________________________
Tel. No. ____________________________________________________________
____________________________________________________________
Part C
For completion if the creditor is entitled to the debt by way of assignment
Name Date(s) of Assignment
Original creditor
Assignees
How to comply with a statutory demand or have it set aside
If you wish to avoid a bankruptcy petition being presented against you,
you must pay the debt set out on page 1 of this notice within the period
of 21 days of service upon you. Alternatively, you can attempt to come to
a settlement with the creditor. To do this you should-
˙ inform the person or persons (or one of the persons) named in Part B
above immediately that you are willing and able to offer security for the
debt to the creditor's satisfaction; or
˙ inform the person or persons (or one of the persons) named in Part B
immediately that you are willing and able to compound for the debt to the
creditor's satisfaction.
If you dispute the demand in whole or in part you should-
˙ contact the person or persons (or one of the persons) named in Part B
immediately.
If you consider that you have grounds to have this notice set aside or if
you do not receive a satisfactory written reply from the person or persons
(or one of the persons) named in Part B before the expiration of 18 days
after the service you should-
˙ apply without delay to the Court of First Instance to have the notice
set aside.
Remember: You have only 21 days from the date of service on you of this
document before the creditor may present a bankruptcy petition.
(L.N. 81 of 1998)
_________________
FORM 163 [rule 44]
STATUTORY DEMAND UNDER SECTION 6A(1)(a) OF THE BANKRUPTCY ORDINANCE
(CHAPTER 6) DEBT FOR LIQUIDATED SUM PAYABLE IMMEDIATELY
(Title.)
Warning
˙This is an important document. You must deal with this demand within 21
days of its service upon you or you could be made bankrupt and your
property and goods taken away from you. Please read this demand and notes
carefully.
˙If you are in any doubt about your position, you should seek advice
immediately from a solicitor.
˙There are additional notes overleaf.
Demand
To ____________________________________
Address ________________________________
________________________________
This demand is served on you by the creditor-
Name _________________________________
Address ________________________________
________________________________
The creditor claims that you owe the following debt and that it is payable
immediately and, to the extent of the sum demanded, is unsecured-
Amount due as
When Description at the date of
incurred of debt this demand
(1) (2) (3)
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
___________ ____________ ____________
Amount of Debt $___________
The creditor demands that you pay the above debt or compound for it to the
creditor's satisfaction.
Signature _______________________________
Name
(BLOCK LETTERS) ______________________
Date __________________________________
Position with or relationship to creditor __________
__________________________ (duly authorized)
Address ________________________________
Tel. No. ________________________________
Ref. No. _______________________________
NB The person making the damand must complete the whole of this page and
Parts A, B and C on page 2. Notes for Creditor
˙If the creditor is entitled to the debt by way of assignment, details of
the original creditor and any intermediary assignees should be given in
Part C on page 2.
˙If the amount of debt includes interest, details should be given in
column (2), including the grounds upon which interest is charged. The
amount of interest must be shown separately in column (3).
˙Any other charge accruing due from time to time may be claimed. The
amount or rate of the charge must be identified and the grounds on which
it is claimed must be stated.
˙In either case the amount claimed must be limited to that which has
accrued due at the date of the demand.
˙If the creditor holds any security the amount of debt should be the sum
the creditor is prepared to regard as unsecured for the purposes of this
demand. Brief details of the total debt should be included in column (2),
and the nature of the security and the value put upon it by the creditor,
as at the date of the demand, must be specified.
˙If signatory is a solicitor or other agent of the creditor the name of
his/her firm should be given.
Part A
Appropriate court for setting aside demand
Any application by you to set aside this demand should be made to the
Court of First Instance
Part B
The person or persons to whom any communication regarding the demand may
be addressed is/are:
Name and
Address ____________________________________________________________
____________________________________________________________
____________________________________________________________
Tel. No. ____________________________________________________________
Part C
For completion if the creditor is entitled to the debt by way of assignment
Name Date(s) of Assignment
Original creditor
Assignees
How to comply with a statutory demand or have it set aside
If you wish to avoid a bankruptcy petition being presented against you,
you must pay the debt set out on page 1 of this notice within the period
of 21 days of service upon you. Alternatively, you can attempt to come to
a settlement with the creditor. To do this you should-
˙ inform the person or persons (or one of the persons) named in Part B
above immediately that you are willing and able to offer security for the
debt to the creditor's satisfaction; or
˙ inform the person or persons (or one of the persons) named in Part B
immediately that you are willing and able to compound for the debt to the
creditor's satisfaction.
If you dispute the demand in whole or in part you should-
˙ contact the person or persons (or one of the persons) named in Part B
immediately.
If you consider that you have grounds to have this notice set aside or if
you do not receive a satisfactory written reply from the person or persons
(or one of the persons) named in Part B before the expiration of 18 days
after the service you should-
˙ apply without delay to the Court of First Instance to have the notice
set aside.
Remember: You have only 21 days from the date of service on you of this
document before the creditor may present a bankruptcy petition.
(L.N. 81 of 1998)
_________________
FORM 164 [rule 44]
STATUTORY DEMAND UNDER SECTION 6A(2) OF THE BANKRUPTCY ORDINANCE (CHAPTER
6) DEBT PAYABLE AT FUTURE DATE
(Title.)
Warning
˙This is an important document. You must deal with this demand within 21
days of its service upon you or you could be made bankrupt and your
property and goods taken away from you. Please read this demand and notes
carefully.
˙If you are in any doubt about your position, you should seek advice
immediately from a solicitor.
˙There are additional notes overleaf.
Demand
To ____________________________________
Address ________________________________
________________________________
This demand is served on you by the creditor-
Name _________________________________
Address ________________________________
________________________________
The creditor claims that you will owe the following when payment falls due
on __________________
When Description Amount of
incurred of debt future debt
(1) (2) (3)
___________ _____________ ___________
___________ _____________ ___________
___________ _____________ ___________
___________ _____________ ___________
$___________
The creditor is of the opinion that you have no reasonable prospect of
paying this debt when it falls due because*
______________________________________
______________________________________
______________________________________
Signature _______________________________
Name _________________________________
Date __________________________________
Position with or relationship to creditor __________
______________________________________
Address ________________________________
Tel. No. ________________________________
Ref. No. _______________________________
NB The person making the damand must complete the whole of this page and
Parts A, B and C on page 2. Notes for Creditor
˙If the creditor is entitled to the debt by way of assignment, details of
the original creditor and any assignees should be given in Part C on page
2.
˙If the amount of debt when due will include interest, details should be
given in column (2), including the grounds upon which interest is charged.
˙Any other charge accruing due from time to time may be claimed. The
amount or rate of the charge must be identified and the grounds on which
it is claimed must be stated.
˙In either case the amount claimed must be limited to that which will have
accrued due when payment falls due on the date specified.
˙If the creditor holds any security the amount of debt should be the sum
the creditor is prepared to regard as unsecured for the purposes of this
demand. Brief details of the total debt should be included in column (2),
and the nature of the security and the value put upon it by the creditor,
as at the date of the demand, must be specified.
* Here set out the grounds for this opinion.
˙If signatory is a solicitor or other agent of the creditor the name of
his/her firm should be given.
Part A
Appropriate court for setting aside demand
Any application by you to set aside this demand should be made to the
Court of First Instance
Part B
The person or persons to whom any communication regarding the demand may
be addressed is/are-
Name and
Address ____________________________________________________________
____________________________________________________________
____________________________________________________________
Tel. No. ____________________________________________________________
Part C
For completion if the creditor is entitled to the debt by way of assignment
Name Date(s) of Assignment
Original creditor
Assignees
How to comply with a statutory demand or have it set aside
If you wish to avoid a bankruptcy petition being presented against you,
you must within the period of 21 days of service upon you, satisfy the
creditor that you are able to meet the debt demanded when it is due.
If you dispute that the debt will be due in whole or in part or if you
dispute the allegation that you will be unable to pay the debt when it
falls due or if you consider that you may be able to offer security for
the debt or to compound for it you should-
˙ contact the person or persons (or one of the persons) named in Part B
immediately.
If you consider that you have grounds to have this notice set aside or if
you do not receive a satisfactory written reply from the person or persons
(or one of the persons) in Part B before the expiration of 18 days after
service you should-
˙ apply without delay to the Court of First Instance to have the notice
set aside.
Remember: You have only 21 days from the date of service on you of this
document before the creditor may present a bankruptcy petition.
(L.N. 81 of 1998)
_________________
FORM 165 [rule 122E]
APPLICATION FOR INTERIM ORDER
(Title.)
(a) Insert name and address of person to attend hearing.
(b) Insert name of debtor.
(c) See rule 122E(4) of the Bankruptcy Rules (Cap 6 sub. leg.). Let (a)
attend before as follows-
Date ____________________________________________________
Time _________________________ hours
Place ___________________________________________________
___________________________________________________
on the hearing of an application by (b)
the applicant for an interim order pursuant to sections 20 and 20A of the
Bankruptcy Ordinance (Chapter 6) on the grounds that he intends to make a
proposal to his creditors for a voluntary arrangement within the meaning
of section 2 of the Ordinance.
AND TAKE NOTICE that the applicant seeks an order pursuant to section 20
of the Ordinance that, whilst any interim order is pending, all actions,
executions or other legal process against the property or person of the
applicant be stayed.
AND FURTHER TAKE NOTICE that in support of this application there will be
read the affidavit [affirmation] of the applicant sworn [affirmed] on
Dated this day of .
Ref: ____________________________________________________
Signed __________________________________________________
Solicitors for the applicant
To the court and (c)
(L.N. 81 of 1998)
_________________
FORM 166 [rule 122E]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR INTERIM ORDER
(Title.)
I, ___________________________________________________ , the above-named
debtor MAKE OATH and say as follows-(a)
1. I make this affidavit in support of my application for an interim
order under sections 20 and 20A of the Bankruptcy Ordinance (Chapter 6)
and pursuant to rule 122E of the Bankruptcy Rules (Cap 6 sub. leg.).
2. There is exhibited hereto and marked "1" a copy of my proposal.
3. There is exhibited hereto and marked "2" a copy of the notice to my
intended nominee under rule 122D of the Bankruptcy Rules (Cap 6 sub. leg.)
endorsed to the effect that he agrees so to act.
4. The reasons for making the application are set out in my said proposal.
5. No execution or other legal process has been commenced against me. (b)
6. I am able to petition for my own bankruptcy.
7. No previous application for an interim order has been made by me or in
respect of me in the period of 12 months ending with the date of this
affidavit.
8. (c) of
is a person who is experienced in insolvency matters and is willing to act
in relation to the proposal.
(a) For the requirements of the affidavit generally. See rule 122E of the
Bankruptcy Rules (Cap 6 sub. leg.).
(b) If this process has been commenced, full particulars must be given.
(c) Insert the name and address of the proposed nominee within the
meaning of section 2 of the Bankruptcy Ordinance (Chapter 6).
Sworn at
this day of }
Before me,
Commissioner of Oaths.
(L.N. 81 of 1998)
_________________
FORM 167 [rule 122D]
NOTICE TO INTENDED NOMINEE (a)
(Title.)
(a) See Rules 122D and 122E of the Bankruptcy Rules (Cap 6 sub. leg.).
(b) Debtor must sign in person.
To: of
Pursuant to rule 122D of the Bankruptcy Rules (Cap 6 sub. leg.) I hereby
give you notice of my proposal for a voluntary arrangement pursuant to
sections 20 and 20A of the Bankruptcy Ordinance (Chapter 6).
There is delivered herewith a copy of the proposal.
Dated: __________________________________________________
Signed: (b) _______________________________________________
I of
do hereby confirm pursuant to rules 122D and 122E of the Bankruptcy Rules
(Cap 6 sub. leg.) that-
(1) on day of I did receive a
copy of the above notice; and
(2) I agree to act as a nominee.
Dated: __________________________________________________
Signed: __________________________________________________
Intended Nominee
(L.N. 81 of 1998)
_________________
FORM 168 [rule 122F]
INTERIM ORDER UNDER SECTION 20 OF THE BANKRUPTCY
ORDINANCE (CHAPTER 6)-ONE-STAGE PROCEDURE
(Title.)
ORDER
(a) Insert full name and address of applicant.
(b) To be deleted in a Case 2 application. Upon the application of (a)
And upon hearing of
And upon reading the evidence and the court having this day considered the
report of the nominee submitted pursuant to section 20D of the Bankruptcy
Ordinance (Chapter 6) and filed on
It is ordered that during the period of days beginning
with the day after the date of this order and during any extended period
for which this interim order has effect-
(b)
(i) no [further] bankruptcy petition relating to the above-named
may be presented or proceeded with; and
(ii) no other proceedings and no execution or other legal process may be
commenced or continued against the applicant or his property except with
the leave of the court.
AND IT IS FURTHER ORDERED that a meeting of the applicant's creditors be
summoned to consider the applicant's proposals, such meeting as proposed
by the nominee to be held on-
Date ____________________________________________________
Time ______________________________ hours
Place ___________________________________________________
Dated this day of .
Registrar.
(L.N. 81 of 1998)
_________________
FORM 169 [sections 20E & 20F; rule 122N]
PROXY (INDIVIDUAL VOLUNTARY ARRANGEMENT)
+ Delete title not applicable
* Insert the name of the debtor.
Notes to help completion of the form.
Please give full name and address for communication.
Please insert name of person (who must be 18 or over) or the 'chairman of
the meeting'.
+ IN BANKRUPTCY
or
+ IN THE MATTER OF * (A
DEBTOR)
and
IN THE MATTER OF THE BANKRUPTCY ORDINANCE (CHAPTER 6)
Name of creditor _________________________________________
Address _______________________________________________
______________________________________________________
Name of proxy-holder _____________________________________
______________________________________________________
______________________________________________________
I appoint the above person to be my/the creditor's proxy-holder at the
meeting of creditors to be held on __________ or at any adjournment of
that meeting. The proxy-holder is to propose or vote as instructed below
[and in respect of any resolution for which no specific instruction is
given, may vote or abstain at his/her discretion]
Any other resolutions which the proxy-holder is to propose or vote in
favour of or against should be set out in numbered paragraphs in the space
provided below paragraph 1. If more room is requested please use the other
side of this form.
This form must be signed.
Only to be completed if the creditor has not signed in person. Voting instructions
for resolutions
1. For the acceptance/rejection of the proposed voluntary arrangement
[with the following modifications-]
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
Signature ______________________ Date ____________________
Name in BLOCK LETTERS ________________________________
Position with creditor or relationship with creditor or other authority
for signature _______________________________________________
______________________________________________________
______________________________________________________
Remember: There may be resolutions on the other side of this form.
(L.N. 81 of 1998)
(Schedule amended L.N. 125 of 2007)
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