Bankruptcy Rules 1989

PART I
PRELIMINARY

Citation

1 These Rules may be cited as the Bankruptcy Rules 1990.

Application of Rules

2 These Rules shall, subject to the provisions of section 119 of the Act, apply to all matters arising under the Act or any previous Bankruptcy Act and to all proceedings taken in any such matter, whether commenced before or after 2 March 1990 except where it is not practicable to apply any of these Rules to any proceedings pending on 2 March 1990, the appropriate Bankruptcy Rules in force immediately before 2 March 1990 shall continue to apply to the proceedings.

Interpretation

3 (1) In these Rules, unless the context otherwise requires�

"Appellate Court" means the Court of Appeal;

"creditor" includes a corporation, and a firm of creditors in part nership;

"debtor" includes any debtor proceeded against under the Act, whether adjudged bankrupt or not, and also includes a firm of debtors in partnership;

"printed" includes typewritten;

"scheme" means a scheme of arrangement pursuant to the Act;

"sealed" means sealed with the seal of the Court;

"Taxing Master" means the Registrar;

"taxing office" means the Registry of the Court;

"Taxing Officer" means, in relation to a bill of costs taxed in the Court, either the Taxing Master or a Deputy Registrar or an Assistant Regis trar having jurisdiction in respect of the bill under rule 81;

"trustee" includes the trustee appointed under a composition or
scheme and also includes the Official Receiver when acting as trustee.

(2) A form referred to by number means the form so numbered in Appendix I to these Rules.

Computation of time

4 (1) The expression "a day on which the Court does not sit" means a day on which the offices of the Court are closed.

(2) Where, by the Act or these Rules, the time limited for doing any act is seven days or less, public holidays and any other day on which the offices of the Court are closed shall be excluded in computing such time.

Forms

Use of forms in Appendix I

5 (1) The forms in Appendix I, with such variations as circum stances may require, shall wherever applicable be used in proceedings under the Act.

(2) The Chief Justice may alter any forms which relate to matters of an ad ministrative and not of a judicial character, or may substitute new forms in lieu thereof; however, where the Chief Justice alters any form, or substitutes any new form, the altered or substituted form shall be published in the Gazette.

PART II
GENERAL PROCEDURE

Court and Chambers

Matters to be heard in Court

6 (1) The following matters and applications shall be heard and determined in open Court:

(a) the public examination of debtors;

(b) applications to approve a composition or scheme;

(c) applications for orders of discharge, except any unop posed applica tion which the Court may direct to be heard in chambers, and appli cations for certificates un der section 30(6) of the Act;

(d) applications to set aside or avoid any settlement, con veyance, transfer, security, or payment, or to declare for or against the title of the trustee to any property ad versely claimed;

(e) applications for the committal of any person to prison for contempt;

(f) appeals against the rejection of a proof, or applications to expunge or reduce a proof, where the amount in dis pute exceeds three hun dred dollars;

(g) applications for leave to act as director or take part in the manage ment of a company;

(h) applications under section 17 for an order dispensing with the pub lic examination of the debtor.

(2) Any other matter or application may be heard and deter mined in cham bers.

Adjournment from Chambers to Court and vice versa

7 (1) Subject to the provisions of the Act and these Rules any matter may at any time, if the Judge thinks fit, be adjourned from chambers into Court or from Court to chambers.

(2) If all parties require any matter to be adjourned from chambers into Court it shall be so adjourned.

Proceedings

Title of proceedings

8 (1) Every proceeding in Court under the Act shall be dated, and shall be in tituled "In Bankruptcy," and all applications and orders made on applica tions shall be intituled ex parte the applicant.^[1]

(2) The first proceeding in every matter shall have a distinctive number as signed to it by the Registrar, and all subsequent proceedings in the same matter shall bear the same number.

Proceedings to be written or printed

9 All proceedings shall be written or printed on paper of approxi mately the size of 14 inches in length and 8 1/2 inches in breadth, but no objection shall be allowed to any proof, affidavit or proxy on account only of its being written or printed on paper of other size.

Attestation of documents

10 Any document or declaration by these Rules required to be dated, signed and witnessed shall be sufficiently attested if it is at tested�

(a) in Bermuda, by a barrister and attorney, justice of the peace, notary public, the Registrar, the Official Receiver, Trustee, or such other person appointed by the Judge for that purpose; or

(b) outside Bermuda:

(i) by a Judge or a magistrate;

(ii) by a justice of the peace, notary public or other person quali fied to administer oaths in that place.

Records of the Court

11 (1) All proceedings of the Court shall be kept and remain of record in the Court for such period as the Chief Justice may from time to time direct.

(2) The trustee, the debtor, and any creditor who has proved, or any person acting on behalf of the trustee, debtor, or creditor, and, by special direction of the Judge, any other person may at all reason able times inspect the file of proceedings.

Notices to be in writing

12 All notices required to be given by the Act or these Rules shall be in writing, unless these Rules otherwise provide or the Court other wise orders.

Proof of posting of notice by Official Receiver or trustee

13 Where, by any provision of the Act or these Rules, any notice is required to be sent by the Official Receiver or the trustee, the sending of the notice may be proved by a certificate by the Official Receiver who sent it or his clerk, or by an affidavit by the trustee who sent it or his barrister and attor ney or the clerk of either of them, that the notice was duly posted.^[2]

Process to be sealed

14 All process issued by the Court shall be sealed.

Office copies

15 (1) Office copies required by, or by the barrister and attorney of, any trustee, debtor, or creditor shall be provided by the Registrar.

(2) The copies shall be clearly and legibly printed or written, or by [sic] photo graphic copies of the same size as the original document, and shall be sealed.

Filing, gazetting, etc

16 (1) The Registrar shall file a copy of every issue of the Gazette which contains an advertisement relating to any matter under the Act in the Court.

(2) A copy of each local paper in which any advertisement re lating to any matter under the Act is inserted shall be left by the person inserting the ad vertisement with the Registrar who shall file the copy.

(3) The Registrar shall file with the proceedings in any matter a memoran dum referring to and giving the date of any advertisements in the Gazette and local papers relating to that matter.^[3]

(4) The memorandum by the Registrar shall be prima facie evidence that the advertisement to which it refers was duly inserted in the issue of the Gazette or paper mentioned in the memorandum.

(5) Where in the exercise of his functions under the Act or these Rules, the Official Receiver requires to inspect the file of proceed ings in any matter, the Registrar shall, unless the file is at the time re quired for use in court or by him, on request transmit it to the Official Receiver.

Transfer of proceedings by Judge

17 A Judge having jurisdiction in bankruptcy may order the pro ceedings in any matter under the Act which have been commenced or are pending in his court to be transferred to any other Judge of the Court having jurisdiction in bankruptcy.^[4]

Transmission of order of transfer

18 When an order transferring proceedings has been made the Registrar shall give notice of the transfer to the Official Receiver as soon as the Regis trar receives the records of the proceedings.^[5]

Motions and practice

Applications to be made by motion

19 Except where these Rules otherwise provide, every application to the Court shall, unless the Court otherwise directs, be made by mo tion issued out of the Registry and supported by affidavit.

Notice of motion and ex parte applications

20 (1) Where any party other than the applicant is affected by the motion, no order shall be made except with the consent of that party, or upon proof that notice of the motion and a copy of the affidavits in sup port thereof have been duly served upon him; however where the Court is satisfied that seri ous mischief may result from delay caused by pro ceedings in the ordinary way, it may make an order ex parte upon such terms as to costs and other wise, and subject to such undertaking, if any, as the Court thinks just.

(2) Any party affected by an order made ex parte may move to set it aside.

Length of notice

21 (1) Unless the Court gives leave to the contrary, notice of motion shall be served on every party affected thereby not less than two days before the day appointed for hearing the motion.

(2) Applications for leave to serve short notice of motion shall be made ex parte, endorsed with the name of the barrister and attorney of the applicant, if any.

Affidavits against motion

22 Where a respondent intends to use affidavits in opposition to a motion he shall deliver copies of them to the applicant before the day appointed for the hearing.

Notice not served on all proper parties

23 If, on the hearing of a motion or application, the Court is of opinion that any person to whom notice has not been given ought to have notice, it may either dismiss the motion or application, or adjourn the hearing upon such terms as it thinks fit in order that notice may be given.

Adjournment

24 The hearing of a motion or application may be adjourned upon such terms, if any, as the Court thinks fit.

Personal service

25 (1) Where personal service of any notice of motion or order of the Court is required, it shall be effected by delivering to each party to be served a copy of the notice of motion, or, as the case may be, a sealed copy of the order.^[6]

(2) The person effecting personal service shall �

(a) if he is a bailiff, endorse on a copy of the document a note of the date and place of service and a statement that he has served the document on the person to be served personally, and shall sign the endorsement and file a copy of the document in the Court; or

(b) if he is not a bailiff, file in the Court a copy of the docu ment served exhibited to an affidavit of service.

Filing affidavits on motion

26 Affidavits supporting or opposing any motion shall be filed with the Registrar before the hearing.

Preparation of order

27 (1) If, within one week from the making of an order of adjudi cation, an order annulling adjudication, an order on application to ap prove a composi tion or scheme, an order annulling a composition or scheme, or an order on application for discharge, the order has not been completed, the Registrar shall prepare and complete the order unless these Rules otherwise provide or the Judge otherwise orders.

(2) A person who has the carriage of an order shall obtain from the Regis trar an appointment to settle the order, and shall give reason able notice of the appointment to all persons who may be affected by the order, or to their barristers and attorneys.

Security in court

Security by bond

28 Except where these Rules otherwise provide, the security re quired to be given by a person shall be in the form of a bond with one or more sureties.^[7]

Amount of bond

29 The bond shall be taken in a penal sum which, except with the consent of the opposite party, shall be not less than the sum for which security is to be given and probable costs.

Deposit in lieu of bond

30 (1) A person required to give security may, in lieu thereof, lodge in Court a sum equal to the sum for which security is to be given or such other security as the Court may in its discretion approve and probable costs, to gether with a memorandum approved by the Registrar and signed by such person, his barrister and attorney, or agent, stating the conditions on which the money or security is deposited.

(2) Upon the lodgment the Registrar shall forthwith notify the persons for whose protection the security is given that the money or such other security as the Court may in its discretion approve has been lodged in Court.

Money in Court

31 The rules for the time being in force in the Court relating to payment into and out of Court of money lodged in Court by way of se curity for costs apply to money or such other security lodged in Court under these Rules.

Security of bank, corporation, etc

32 The security of a bank, insurance company or such other cor poration or guarantee association or society approved by the Court or the opposite party may be given in lieu of a bond or deposit.

Notice of sureties

33 (1) Where a person proposes to give a bond by way of security, he shall serve notice of the proposed sureties on the opposite party and on the Reg istrar.^[8]

(2) If there are any objections the party objecting shall lodge such objections with the Registrar within fourteen days on being given notice.

Justification by sureties

34 If there is an objection then the sureties shall make an affidavit of their sufficiency unless the opposite party dispenses with such affi davit and shall, if required, attend the Court to be cross-examined.^[9]

Execution of bond

35 A bond shall be executed and attested in the presence of the Registrar, the Official Receiver, trustee, a justice of the peace, a barrister and attorney, or such other person appointed by the Judge for that purpose.

Stamps

Defacement of stamp

36 Any officer of the Court who receives a document to which an adhesive stamp is affixed shall immediately upon the receipt of the doc ument deface the stamp.

Application of section 128

37 For the purpose of section 128 of the Act, "bankruptcy" includes any proceedings under the Act, whether before or after adjudication, and whether an adjudication is made or not, and "bankrupt" includes any debtor proceeded against under the Act.

Affidavits

Form of affidavit

38 (1) Every affidavit shall �

(a) be expressed in the first person;

(b) state the residence and description of each deponent; and

(2) Each paragraph of the affidavit shall, so far as practicable, be confined to a distinct portion of the subject.

Affidavit by several deponents

39 In an affidavit made by two or more deponents the names of all the de ponents shall be inserted in the jurat, but if the affidavit of all the deponents is taken at one time by the same person it is sufficient to state that it was sworn by both or all of the "above-named" deponents.

Costs disallowed

40 (1) No costs shall be allowed in respect of an affidavit or part thereof, if�

(a) in a material manner it fails to comply with Rule 38 or 39; or

(b) it contains matters of hearsay, argumentative matters, or superflu ous copies of or extracts from documents.

Scandalous matter

41 The Court may order to be struck out from an affidavit any matter which is scandalous, and may order the costs of any application to strike out such matter to be paid as between barrister and attorney and client.

Erasures, alterations etc

42 Unless the Court otherwise orders, no affidavit shall be read or used in any proceedings if there is any interlineation, alteration or era sure in the body of the affidavit or jurat, unless the person before whom the affidavit was sworn has initialled the interlineation or alteration, and in the case of an erasure has re-written and signed or initialled in the margin of the affi davit any words or figures written on the erasure.

Blind or illiterate persons

43 Where it appears to the person administering the oath that the deponent is illiterate or blind, he shall certify in the jurat that �

(a) the affidavit was read in his presence to the deponent;

(b) the deponent seemed perfectly to understand it; and

and the affidavit shall not be used in evidence without such a certificate, unless the Court is otherwise satisfied that it was read over to and ap peared to be perfectly understood by the deponent.

Formal defects

44 (1) The Court may allow an affidavit to be used in evidence notwith standing any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form of the affidavit.

(2) A note that it has been so used in evidence shall be en dorsed on the af fidavit.

Filing, office copies etc

45 (1) Where the Court permits the use of an original affidavit, it shall be fore use be stamped with the proper filing stamp, and after use shall be left in Court with the proper officer, who shall send it to be filed.

(2) When the original affidavit has been filed, an office copy may be used.

Swearing of affidavit

46 No affidavit (other than a proof of debt) shall be sufficient if it was sworn before a commissioner for oaths who, when it was sworn, was a party to the proceedings, the barrister and attorney acting for the party on whose behalf the affidavit is to be used, or such agent, partner or clerk of the barrister and attorney.

Affidavit filed out of time

47 (1) An affidavit filed out of time may not be used except by leave of the Court.

(2) Unless the Court otherwise directs, an order made ex parte upon evi dence tendered by affidavit shall not be effective unless the affi davit was made before the order was applied for and was produced or filed at the time of making the motion.

Proof of affidavit

48 The Court shall take judicial notice of the seal or signature of any per son authorised by the Act to take affidavits or to certify to such authority.

Witnesses and depositions

Subpoena

49 (1) The Court shall, at the instance of the Official Receiver, trustee. creditor, debtor, or applicant or respondent in any matter, issue a subpoena for the attendance of a witness.^[10]

(2) The subpoena may require the witness to produce docu ments in his possession or control.

(3) The names of not more than one witness shall be inserted in the sub poena in respect of a witness to produce documents.

(4) The names of two or more persons may be included in one writ of sub poena ad testificandum.

Service of subpoena

50 (1) A sealed copy of the subpoena shall be served personally on the wit ness by an officer of the Court or by the person at whose in stance the sub poena is issued or his barrister and attorney, or by some person in their employment.

(2) Service shall be effected a reasonable time before the day fixed for the attendance.

(3) Proof of service of the subpoena may, where required, be provided by af fidavit.

Costs of witnesses

51 (1) A sum not exceeding the amount referred to in Appendix II to these Rules for payment to witnesses may be allowed in respect of the atten dance of a witness.

(2) The allowance may be made whether or not the witness has been called or examined.

(3) A witness, other than the debtor, who is required to attend for the pro duction of a document or for the purpose of an examination is entitled to the same witness allowance as on attendance at a trial in the Court.

(4) The Court may in any matter limit the number of witnesses to be al lowed on taxation.

Order for examination

52 (1) The Court may in any matter make an order for the exami nation upon oath of any person at any place in Bermuda.^[11]

(2) The examination may be ordered to take place before the Court or an of ficer of the Court or such other person as the Court may direct.

(3) The deposition shall be taken down in writing and, with leave of the Court, may be used in evidence on such terms, if any, as the Court may di rect.

Letters of request

53 An order for a letter of request to examine witnesses out of the jurisdic tion, and the letter of request, shall follow the forms for the time being in use in the Court, with such variations as circumstances may require.

Production of documents

54 The Court may at any stage of any proceedings order the atten dance of any person for the purpose of producing any documents named in the order.

Disobedience to order

55 Any person wilfully disobeying any subpoena or order requiring his at tendance for the purpose of being examined or of producing any document shall be deemed guilty of contempt of Court and may be dealt with accord ingly.

Shorthand notes

Nomination and appointment of shorthand writers

56 (1) The Court may at any time in any proceedings, if it consid ers that it would be desirable so to do, appoint a person (in these Rules called a "shorthand writer") to take down in shorthand or otherwise record the evi dence of the debtor or of any witness examined at any public or private sit ting, examination or meeting under the Act.^[12]

(2) Where no shorthand writer officially attached to the Court is available to act in the proceedings, the Court may appoint such other person as it thinks fit.

(3) Where the Official Receiver applies for the appoint ment of a shorthand writer, he shall, unless there is a shorthand writer offi cially attached to the Court, nominate a shorthand writer, who shall be ap pointed unless the Court otherwise orders.

Remuneration of shorthand writers

57 The fees of the shorthand writer shall be paid by the party at whose instance the appointment was made or out of the estate or by any of the parties to the proceedings as the Court may direct, at such a rate as may be fixed by the Chief Justice.

Discovery and Examination under Section 29 of the Act

Discovery

58 (1) A party may, with the leave of the Court, administer inter rogatories to, or obtain discovery of documents from, any other party to the proceed ings.

(2) Application for leave may be made ex parte.

(3) The Rules of the Court relating to discovery and in spection apply with such modifications as may be necessary.

Examination under section 29

59 (1) An application to the Court under section 29 of the Act shall be in writing and shall state shortly the grounds upon which it is made.

(2) Applications made on behalf of the trustee or the Offi cial Receiver need not be supported by affidavit.

Accounts and sale of mortgaged property

Sale by direction of the Court

60 (1) Any person claiming to be the legal or equitable mortgagee of any real or leasehold property of the bankrupt may apply to the Court for an or der directing the property to be sold.

(2) On the application the Court, if it is satisfied as to the ap plicant's title, shall direct accounts to be taken and inquiries made to as certain �

(a) the principal, interest, and costs due under the mort gage, and

(b) if the mortgagee has been in possession of the mort gaged property or any part thereof, the rents and prof its, dividends, interest, or other proceeds received by him or on his behalf.

(3) If the Court is satisfied that the property ought to be sold, it shall direct a sale, which shall be held by the trustee unless other wise ordered, and notice of the intended sale shall be inserted in such news papers as the Court may direct.

(4) The mortgagee may bid for and purchase the mort gaged property at the sale.

(5) All such parties as the Court shall direct shall join in the conveyance of the property.

Proceeds of sale

61 (1) The proceeds of sale shall be applied �

(a) first, in payment of the costs, charges and expenses of the trustee, of and occasioned by the application to the Court, and of the sale and attendance thereat; and

(b) secondly, in payment of the amount found due to the mortgagee for principal, interest, and costs;

and the balance, if any, shall be paid to the trustee.

(2) Where the proceeds of the sale are insufficient to pay in full the amount found due to the mortgagee, he is entitled to prove as a creditor for any deficiency, and to receive dividends thereon rateably with the other creditors, but not so as to disturb any dividend already declared.

Proceedings on inquiry

62 For the purpose of the accounts and inquiries referred to in Rule 60, and of making title to the purchaser, all parties may be exam ined by the Court upon interrogatories or otherwise and shall produce upon oath before the Court all such documents in their custody or un der their control relating to the estate or effects of the bankrupt as the Court shall direct.

Accounts, etc

63 In any proceedings between a mortgagor and mortgagee or the trustee of either of them, the Court may order accounts to be taken and inquiries made in like manner as obtain in the Court.

Warrants, arrests, and commitments

Address of warrants

64 A warrant of seizure, a search warrant. or any other warrant is sued un der the provisions of the Act shall be addressed to such officer of the Court as the Court may direct.^[13]

Custody and production of debtor

65 When the debtor is arrested under a warrant issued under sec tion 27 of the Act^[14] �

(a) the officer apprehending him shall give him into the custody of the Commissioner of Prisons mentioned in the warrant [sic], who shall keep him in custody until such time as the Court shall otherwise order and shall produce him before the Court as it may from time to time direct; and

(b) any books, papers, monies, goods, and chattels in the possession of the debtor which may be seized shall
forthwith be lodged with the Official Receiver or trustee, as the case may be.

Execution of warrant under section 29

66 (1) When a person is apprehended under a warrant issued under sec tion 29(2) of the Act, the officer apprehending him shall forthwith bring him before the Court issuing the warrant in order that he may be examined, and if he cannot immediately be brought up for examination, the officer shall de liver him into the custody of the Commissioner of Prisons mentioned in the warrant [sic], who shall receive and keep him and shall produce him before the Court as it may from time to time di rect.^[15]

(2) After apprehending the person named in the warrant, the officer shall forthwith report to the Court the apprehension or delivery into custody, as the case may be, and apply to the Court to appoint a time for the examination of that person, and thereupon the Court shall appoint the earliest practicable day for the examination, and shall direct the Commissioner of Prisons to produce him for examination at the place and time appointed.^[16]

(3) Notice of the place and time appointed shall forth with be given by the Registrar to the person who applied for the examination or warrant.

Applications to commit

67 Application to the Court to commit any person for contempt of court shall be supported by affidavit.^[17]

Notice and hearing of application

68 Upon the filing of an application to commit, the Registrar shall fix a time and place for the hearing of the application, and notice thereof shall be personally served on the person sought to be committed not less than two days before the day fixed for the hearing but the Court may, if it thinks fit, allow substituted service or service at shorter no tice.^[18]

Suspension of issue of a committal order

69 Where an order of committal is made against a debtor, trustee or any other person for disobeying an order of the Court, or an order or direction of the Official Receiver, the Court may direct that the order of committal shall not be issued if the previous order is complied with within a specified time.

Service and execution of process

Service on barrister and attorney

70 (1) A barrister and attorney suing out or serving any process or other document shall endorse thereon his name or that of his firm and the ad dress at which he will accept service of documents on behalf of the party he represents.

(2) Any process or other written communication which does not require personal service shall be deemed to be sufficiently served upon a party represented by a barrister and attorney if left at the ad dress of the barrister and attorney for service.

Time of service

71 (1) Service effected after five o'clock in the afternoon on any week day ex cept Saturday shall, for the purpose of computing time, be deemed to have been effected on the following day, and service effected on a Saturday shall be deemed to have been effected on the following Monday.

(2) No process, order of the Court or other document shall be served or executed within the jurisdiction on a Sunday except, in case of urgency, with the leave of the Court; service on a Sunday shall be deemed to have been effected on the following Monday.

Service out of jurisdiction

72 Where any process or order of the Court or other document is required by the Act or these Rules to be served on any person who is not in Bermuda, the Court may order service on him of that process or or der or other docu ment to be effected within such time and in such manner as it thinks fit, and may also require such proof of the service of that process. order or other document, as it thinks fit.

Officers to effect service

73 Service of documents which by the Act or these Rules are re quired to be served by an officer of the Court or such other person, or which the Court in any particular proceedings orders so to be served, and execution of war rants and other process shall be effected by such officer or such other per son as the Court may direct.

Service by post

74 Notice of any order or other proceeding which is to be served by post shall be sent by registered letter unless otherwise directed by the Court.

Enforcement of orders

75 An order of the Court may be enforced in the same manner as a judgment of the Court to the same effect.

Costs and taxation

Award of costs

76 (1) When awarding costs, the Court may direct that the costs of any matter or application shall be taxed and paid as between party and party or as between barrister and attorney and client on the basis of a common fund in which the client and others are interested or that they may be allowed as between barrister and attorney and own client, or it may fix a sum to be paid in lieu of taxed costs.

(2) Unless the Court otherwise directs, the costs of an op posed motion shall follow the event and shall be taxed as between party and party.

(3) Where an action is brought against the Official Re ceiver, or trustee in bankruptcy as representing the estate of the debtor, or where the Official Receiver or trustee in bankruptcy is made a party to any proceedings on the application of any other party to the proceedings, he shall not be personally liable for costs unless the Court otherwise di rects.

Filing of orders

77 Every order for payment of money or costs shall be sealed, signed by the Registrar and forthwith filed with the proceedings.

Taxation of costs

78 Except where a fixed sum has been awarded as costs, costs di rected by any order to be paid or taxed shall be taxed on production of an office copy of the order, and the allocatur shall be signed and dated by the Taxing Offi cer.^[19]

Neglect or delay in taxation

79 (1) If a person whose costs, charges or expenses are to be taxed refuses or neglects when directed to do so to bring them in for taxation or to procure them to be taxed, the Taxing Officer may allow such sum as he thinks ap propriate for such person's costs or may as sess them at a nominal figure.

(2) A barrister and attorney who delays or impedes a tax ation shall, unless the Taxing Officer otherwise directs, forfeit the fees to which he would otherwise be entitled for drawing his bill of costs and for at tending the taxation.

Jurisdiction of Taxing Master

80 (1) The Taxing Master has power to tax and settle the costs, charges or expenses in all matters in which the Court may exercise bankruptcy juris diction..

(2) The taxation is subject to review by a Judge of the Court.

Taxing by Deputy or Assistant Registrar

81 (1) Subject to this Rule, a Deputy Registrar or an Assistant Registrar shall, by leave of the Taxing Master, have power to tax costs, charges or ex penses and to sign allocaturs in any matter where he has been so autho rised by the direction of the Chief Justice.

(2) If any party before the commencement of a taxation objects to the bill or any part of it being taxed by a Deputy Registrar or an As sistant Registrar, the bill or the part to which the objection relates shall be taxed by the Taxing Master.

(3) Upon objection brought under paragraph 12(1) of Part V of the Appendix II to these Rules against the allowance or disallowance of any item or part thereof in a bill taxed by the Deputy or an Assistant Regis trar, the Taxing Master shall reconsider the taxation in accordance with the provisions of paragraph 12(2) of Part V of Appendix II to these Rules.

Scales of costs and charges

82 The scales of costs and allowances and the directions contained in Ap pendix II and Appendix III to these Rules shall, subject to these Rules, ap ply to the taxation and allowance of costs and charges in pro ceedings under the Act.

Re-certification of costs where assets realise more or less than cer tified amounts

83 (1) Where in any case, whether a summary case or not, the Official Re ceiver or the trustee has certified the amount of the assets of a debtor and, after taxation of any costs on the footing of the certificate, the assets are as certained to be more or less than the amount so certi-
fied, the Official Re ceiver or the trustee shall amend his certificate and the Taxing Officer shall amend his allocatur in accordance with the amended certificate.

(2) Where the amount allowed by the amended allocatur ex ceeds that previously allowed, the excess shall, on demand in writing, be paid by the trustee out of any available assets in his hands at or after the date of the amended allocatur.

(3) Where the amount allowed by the amended allocatur is less than that previously allowed, any excess over the amount allowed by the amended allocatur which has been paid shall be repaid to the Official Receiver or the trustee by the person to whom it was paid.

(4) No fee is payable on the amended allocatur unless the amount allowed exceeds that previously allowed, in which case a fee calcu lated on the amount allowed by the amended allocatur is payable, credit being given for the fee previously paid.

Barrister and attorney's costs in case of debtor's petition

84 A barrister and attorney in the matter of a bankruptcy petition presented by the debtor against himself shall, in his bill of costs, give credit for any sum or security received from the debtor as a deposit on account of the costs and expenses to be incurred in relation to the filing and prosecution of the petition, and the amount of any such deposit shall be noted by the Tax ing Officer on the allocatur issued for the costs.^[20]

Costs paid otherwise than out of estate

85 When a bill of costs is taxed under a special order of the Court which di rects that the costs are to be paid otherwise than out of the es tate of the bankrupt, the Taxing Officer shall note upon the allocatur by whom, or the manner in which the costs are to be paid.

Filing of bills and issue of allocatur

86 (1) Upon completion of the taxation of any costs, charges, or expenses, the Taxing Officer shall forthwith file the bill with the proceed ings and issue to the person presenting the bill for taxation his allocatur or certificate of taxation.^[21]

(2) Where it is proved to the satisfaction of a Taxing Of ficer that an allocatur or certificate of taxation has been lost or destroyed, he may issue a duplicate thereof.

Costs of barrister and attorney employed by trustee

87 (1) Where, in accordance with section 58 of the Act, the committee of inspection authorises the trustee to employ a barrister and attorney, the committee shall specify a limit to the amount of costs of the barrister and attorney costs to be incurred in respect of the particu lar proceedings or business which it may sanction and such limit may be increased by the committee upon application made by the trustee either before or within three months after the limit has been reached; except that upon application made by the trustee the Court may, if it thinks fit �

(a) where the committee has not fixed a limit at the time of sanctioning the employment, either itself fix a limit or authorise the fixing of a limit by the committee within a specified further period; or

(b) where application for an increase has not been made to the committee within the time prescribed, either itself increase the limit or extend the time for applying to the committee.

(2) No costs incurred in relation to an application to the Court under the exception to paragraph (1) is chargeable against the estate unless the Court otherwise directs.

(3) When a limit is specified or increased the trustee shall forthwith give notice thereof to the barrister and attorney.

Certificate of employment of barrister and attorney, etc

88 Before taxing the costs or charges of any barrister and attorney, man ager, accountant, auctioneer, broker, or other person employed by the Offi cial Receiver or the trustee, the Taxing Officer shall require a certificate, which shall be endorsed on the bill and signed by the Official Receiver or the trustee, as the case may be, stating any special terms of remuneration agreed to, and in addition, in the case of a barrister and attorney, a copy (certified to be a true copy by the Official Receiver or the trustee) of the au thority sanctioning the employment of a barrister and attorney and specify ing the limit to the amount of costs to be in curred.

Provost Marshal's costs

89 Where pursuant to section 44(1) of the Act, the Provost Marshal is re quired to deliver goods or money to the Official Receiver or the trustee, the Provost Marshal shall without delay bring in his bill of costs to be taxed by the Taxing Officer and unless the bill is brought in for taxation within one month from the date of the delivery, the Official Re ceiver or the trustee may decline to pay it.

Taxation of Provost Marshal's costs after deduction

90 (1) If the Official Receiver or the trustee in writing requires any costs which the Provost Marshal has deducted under section 44(2) of the Act to be taxed, the Provost Marshal shall, within seven days from the date of the re quest, bring in the costs for taxation.

(2) The costs shall be taxed by the Taxing Officer and any amount disallowed on taxation shall forthwith be paid over by the Provost Marshal to the Official Receiver or the trustee, as the case may be.

Lodgment of bills

91 (1) Bills which are to be taxed shall be lodged for perusal with the Offi cial Receiver if the costs or charges were incurred prior to the appointment of a trustee, or with the trustee if they were incurred after his appointment.

(2) The party whose costs or charges are to be taxed shall, on recovering the bill from the Official Receiver or trustee, lodge it with the Taxing Officer.

Notice of appointment to tax

92 Upon receiving an appointment to tax, the person whose costs or charges are to be taxed shall give not less than seven days notice of the ap pointment to the Official Receiver and to the trustee, if any.

Copy of bill

93 (1) Every person whose costs or charges are to be taxed shall, at the re quest of the Official Receiver or the trustee, furnish a copy of the bill on payment at the rate of 30 cents per foolscap page which may be charged to the estate.

(2) The Official Receiver shall call the attention of the trustee to any items which, in his opinion, ought to be disallowed or re duced, and may attend or be represented on the taxation.

Application for costs

94 Where a party to, or person affected by, any proceeding desires to apply for an order that he be allowed his costs or any part of his costs, incident to the proceeding, and the application is not made at the time of the proceeding �

(a) he shall serve notice of his intended application on the Official Receiver or the trustee, if any;

(b) Official Receiver and the trustee may appear on the ap plication and object thereto;

(c) no costs of or incident to the application shall be al lowed to the applicant unless the Court is satisfied that the application could not have been made at the time of the proceeding.

Order of payment of costs and charges payable out of estate

95 The assets in every matter remaining after payment of the ex penses properly incurred in preserving, realising and getting in any of the assets of the debtor shall, subject to any order of the Court, be liable to the following payments, which shall be made in the following order of priority :

(a) the actual expenses incurred by the Official Receiver in protecting the property or assets of the debtor or any part thereof, and any expenses or outlay incurred by him or by his authority in carrying on the business of the debtor;

(b) the fees, percentages, and charges payable under Table B of the Schedule to the Bankruptcy Fees Order 1989 [title 8 item 39(b)], and any other fees payable to, or costs, charges, and expenses incurred or authorised by, the Official Receiver;

(d) the deposit or deposits lodged on any application for the appointment of an interim receiver;

(e) the remuneration of the special manager, if any;

(f) the taxed costs of the petitioner;

(g) the remuneration and charges of the person, if any, ap pointed to assist the debtor in the preparation of his statement of affairs;

(h) any allowance made to the debtor or his family by the Official Receiver;

(i) the taxed charges of any shorthand writer appointed by the Court;

(j) the trustee's necessary disbursements other than actual expenses of preserving, realising and getting in hereto fore provided for;

(k) the costs of any person properly employed by the trustee with the sanction of the committee of inspection;

(l) any allowance made to the debtor by the trustee with the sanction of the committee of inspection;

(m) the remuneration of the trustee;

(n) the actual out-of-pocket expenses necessarily incurred by the committee of inspection.

Costs of shorthand notes

96 Where at the instance of the Official Receiver or the trustee a shorthand writer is appointed to take notes or otherwise record at the public examina tion of the debtor, the cost of the notes or recording shall be deemed to be an expense incurred or authorised by the Official Re ceiver or the trustee.

Disallowance of costs of unnecessary petition

97 Where a creditor's petition has been presented against the debtor and before it is heard the debtor files a petition on which a receiv ing order is made, no costs shall be allowed to the debtor or his barrister and attorney out of the estate, unless the Court considers that the estate has benefitted by the debtor's conduct, or that in the special circumstances costs should be allowed.

Apportionment of costs in case of partnership

98 In the case of a bankruptcy petition against a partnership, costs payable out of the estate incurred up to and inclusive of the receiving order shall be apportioned between the joint and separate estates of the partners in such proportions as the Official Receiver may determine.

Costs payable out of joint and separate estates

99 (1) Where the joint estate of co-debtors is insufficient to defray costs or charges properly incurred prior to the appointment of the trustee, the Offi cial Receiver may �

(a) pay or direct the trustee to pay the costs or charges out of the separate estates of the co-debtors, or one or more of them, in such proportions as he thinks fit; or

(b) if he thinks fit, pay or direct the trustee to pay any costs or charges so incurred for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges so incurred for the joint es tate which affects any separate estate out of that sepa rate estate.

(2) Where the joint estate of co-debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee, the trustee may �

(a) pay the costs or charges out of the separate estates of the co-debtors, or one or more of them; or

(b) pay any costs or charges so incurred for any separate estate out of the joint estate, and any part of the costs or charges so in curred for the joint estate which affects any separate estate out of that sepa rate estate except that no such payment shall be made without the con sent of the committee of inspection of the estate out of which the payment is in tended to be made, or, if the committee withhold or refuse their consent, without an order of the Court.

Costs payable without taxation

100 The costs or charges of any person employed by the Official Re ceiver or the trustee which are payable out of the debtor's estate may, if they are within the prescribed scale and do not exceed the sum of one thousand dol lars, be paid and allowed, by the Official Receiver or the trustee, as the case may be, without taxation.

Rules relating to the business of the Court

Sittings

101 A Judge of the Court, with the approval of the Chief Justice, shall reg ulate the bankruptcy sittings of the Court.

Actions by trustees

102 An action under section 58(1)(b) of the Act brought by a trustee in the Court shall be commenced in the court to which bankruptcy business is so assigned.

Deputy Registrar or Assistant Registrar to act for Registrar

103 A Deputy Registrar or an Assistant Registrar of the Court may act for the Registrar in any bankruptcy matter pending in the Court.

Execution

104 The Rules of the Court relating to execution shall, so far as ap plicable, apply to the issue of and proceedings on writs of execution.

Appeals

Restrictions on appeal

105 No appeal shall be brought �

(a) without the leave of the Court from any order made by consent or as to costs only, or from an order relating to property when it is apparent from the proceedings that the money or money's worth involved in the appeal does not exceed five thousand dollars;

(b) from an omission by the Court to exercise a discre tionary power, unless the exercise of the power has been refused upon ap plication made to the Court.

Security for costs of appeal

106 A party intending to set down an appeal shall lodge in the Court the sum of one thousand dollars as security towards any costs that the appel lant may be ordered to pay except that the Appellate Court may in any spe cial case increase or diminish the amount of the security or dis pense with it.

Procedure on appeal

107 Subject to the foregoing Rules, the Rules made under the Court of Ap peal Act 1964 [title 8 item 4} relating to appeals to the Court of Ap peal shall apply to ap peals to the Appellate Court as if the expression "Appellate Court" were sub stituted for the expression "Court of Appeal" wherever it occurs in those Rules.

PART III
PROCEEDINGS IN BANKRUPTCY

Declaration of inability to pay debts

Form of declaration

108 A declaration by a debtor of his inability to pay his debts shall be dated, signed by the debtor and witnessed.^[22]

Bankruptcy notice

Court to issue notice

109 A bankruptcy notice may be issued by the Court in which a bankruptcy petition against the debtor may be filed.^[23]

Issue of bankruptcy notice

110 When applying for the issue of a bankruptcy notice^[24], the credi tor shall �

(a) produce to the Registrar evidence of the judgment or or der on which the notice is to be founded, being�

(i) an office copy of the judgment or order of the Court, or

(ii) a copy of the judgment or order of a foreign or Com monwealth court with a certificate of regis tration in the Court endorsed thereon and bearing the Seal of the Central Office of the Supreme Court; and

(b) file the notice, together with a request for issue; and

Particulars to be endorsed on notice

111 Every bankruptcy notice ^[25]shall be endorsed with �

(a) the name and place of business of the barrister and at torney who is suing out the notice, or, if no barrister and attorney is em ployed, with a memorandum that it is sued out by the creditor in person;

(b) an intimation to the debtor that if he has a counter claim, set-off, or cross demand which equals or exceeds the amount of the judgment debt, and which he could not have set up in the action in which the judgment or order was obtained, he must within the time specified in the notice file an affidavit to that effect with the Regis trar.

Time for filing affidavit to set aside

112 If the notice is served in Bermuda the time for filing the affidavit re ferred to in Rule 111 shall be seven days, and in every other case it shall be such time as the Registrar shall fix when issuing the notice.

Application to set aside

113 (1) The filing of the affidavit referred to in Rule 111 shall op-
erate as an application to set aside the bankruptcy notice, and there upon the Registrar shall, if he is satisfied that sufficient cause is shown, fix a time and place for hearing the application, and shall give not less than two days' notice thereof to the debtor, the creditor, and their re spective barristers and attorneys, if known.^[26]

(2) If the application cannot be heard before the time specified in the notice for compliance with its requirements the Registrar shall extend the time, and no act of bankruptcy shall be deemed to have been committed under the notice until the application has been heard and determined.

Duration of bankruptcy notice

114 Subject to the power of the Court to extend the time, a bankruptcy no tice to be served in Bermuda shall be served within one month from the is sue of the notice.

Service of notice

115 Rules 126 to 129 (inclusive) apply to the service of bankruptcy notice as they apply to the service of a creditor's petition.^[27]

Setting aside notice

116 When making an order setting aside a bankruptcy notice, the Court may declare that no act of bankruptcy has been committed by the debtor under the notice.^[28]

Bankruptcy petitions

Form of petition

117 Every petition shall be in Form 3 or Form 11 with such variation as cir cumstances may require, and shall be dated, signed and wit nessed.

Description and address of debtor

118 (1) Where a petition is presented by a debtor, he shall insert his name and description, his address at the date when the petition is pre sented, and any address at which he has resided or carried on busi ness and at which he has incurred debts and liabilities remaining un paid or unsatis fied at the date of the petition.^[29]

(2) Where a petition is presented against a debtor who resides or carries on business at an address other than his residence or place of business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor shall describe the debtor as of his present address and description, and as lately resid ing or carrying on business at his address when the debt or liability was incurred.

Filing of petition

119 The petition shall be filed in the Court.

Deposit by petitioner

120 (1) Upon the presentation of a petition the petitioner, if a debtor, shall deposit the sum of one hundred dollars or, if a creditor, the sum of one hundred dollars and such further sum, if any, as may be laid down from time to time by a direction of the Court, to cover the fees and expenses to be incurred by the Official Receiver.

(2) The deposit shall be paid to the Official Receiver, who shall give a receipt for it.

(3) No petition shall be filed unless the receipt for the deposit is produced.

(4) The Official Receiver shall account to the creditor or, as the case may be, to the debtor's estate for the sums deposited and any money deposited by a petitioning creditor shall, unless it is required by rea son of insufficiency of assets for the payment of fees and expenses incurred by the Official Receiver, be repaid to him out of the proceeds of the estate in the order of priority prescribed by these Rules.

Petition against a firm

121 (1) Upon the filing of a petition by or against a firm in the firm's name, a petitioning debtor shall state the true names and ad dresses of all the part ners in the firm and a petitioning creditor shall state the names and ad dresses of the partners to the best of his knowl edge and belief.

(2) Where a petition is filed by or against a person car rying on business in a name other than his own, paragraph (1) of this Rule shall apply with the necessary modifications.

Creditor's petition

Copies for service

122 (1) When a creditor's petition is filed there shall be lodged with it one copy for service on each debtor named in the petition, and not less than one additional copy to be exhibited to the affidavit of service.

(2) The copies of the petition shall be sealed and issued to the petitioning creditor.

Verification

123 (1) A creditor's petition shall be verified by affidavit.^[30]

(2) A petitioning creditor who cannot himself verify all the statements contained in his petition shall file an affidavit made by some person who can depose to them.

(3) Each statement contained in a petition presented by two or more creditors jointly shall be verified by some person able to depose to the truth of the statement, but it shall not be necessary for each state ment to be verified by every petitioning creditor who is able to depose to it.

Investigation of petition

124 (1) On receipt of a creditor's petition the Registrar shall, before sealing the copies of the petition, investigate the statements contained in it.

(2) If it appears that some of the statements in the pe tition cannot be verified by affidavit, witnesses may be summoned to prove them.

Security for costs

125 A petitioning creditor who is resident abroad, or whose estate is vested in a trustee under any law relating to bankruptcy, or against whom a peti tion is pending under the Act, or who has made default in payment of any costs ordered by any court to be paid by him to the debtor, may be ordered to give security for costs to the debtor.

Service of creditor's petition

Personal service

126 Subject to Rule 127, service of a creditor's petition shall be ef fected by an officer of the Court, or by the creditor or his barrister and attorney, or a person in their employment, delivering a sealed copy of the petition to the debtor.

Substituted service

127 (1) If the Court is satisfied by affidavit or other evidence on oath that prompt personal service cannot be effected because the debtor is keeping out of the way to avoid service of the petition or any other le gal process, or for any other cause, it may order substituted service to be effected in such manner as it thinks fit.^[31]

(2) Where any such order has been carried out, the pe tition shall be deemed to have been duly served on the debtor.

Proof of service

128 (1) Service of the petition shall be proved by affidavit.^[32]

(2) The affidavit, with a sealed copy of the petition an nexed and referred to as an exhibit, shall be filed in Court forthwith after ser vice.

Death of debtor before service

129 If the debtor dies before service of the petition, the Court may order service to be effected on his personal representatives, or such other persons as it thinks fit.

Interim receiver

Appointment of interim receiver

130 (1) After the presentation of a petition a creditor or the debtor may ap ply for the appointment of the Official Receiver as interim re ceiver of the debtor's property or any part thereof.^[33]

(2) Upon such application the Court may, if it is satis fied by affidavit that sufficient grounds are shown for the appointment, make it upon such terms, if any, as it thinks fit.

(3) The order appointing the Official Receiver to be in terim re ceiver of the debtor's property shall be in Form 15 with such varia tions as circumstances may require.

Deposit

131 Before the order is issued, the applicant shall deposit with the Official Receiver the sum of one hundred dollars and such further sum as the Court shall direct for the fees and expenses which may be in curred by the Official Receiver.

Further deposit

132 (1) If the sum deposited for the fees and expenses to be in curred by the Official Receiver proves to be insufficient, the Court may, on the applica tion of the Official Receiver, order that an additional sum shall be deposited.

(2) If the deposit is not made within forty-eight hours after the making of the order, the Court may discharge the order appointing the interim receiver.

Repayment of deposit

133 If a receiving order is made after an interim receiver has been ap pointed on a creditor's application, any money deposited by the credi tor shall, unless it is required by reason of insufficiency of assets for payment of the fees chargeable and the expenses incurred by the in terim receiver, be re paid to the creditor out of the proceeds of the estate.

Damages on dismissal of petition

134 Where a petition is dismissed after an order has been made ap pointing an interim receiver, application may be made to the Court within twenty-one days from the date of the dismissal for an adjudica tion upon any claim to damages resulting from the appointment of the receiver, and thereupon the Court shall make such order as it thinks fit.

Hearing of petition

Proceedings on petition

135 (1) Where a petition is filed by a debtor, the Court shall forthwith make a receiving order thereon.^[34]

(2) A creditor's petition shall not be heard until the ex piration of fourteen days from the service thereof except that the Court may, on such terms, if any, as it thinks fit, hear the petition at an earlier date�

(a) where the act of bankruptcy alleged is the debtor's filing of a declaration of inability to pay his debts, or

(b) where the Court is satisfied that the debtor has ab sconded, or

Time of hearing

136 (1) The Registrar shall appoint a time for the hearing of the petition, and notice thereof shall be written on the petition and sealed copies.

(2) Where the petition has not been served the Registrar may from time to time appoint another day for the hearing.

Several respondents

137 Where service has not been effected upon all the respondents to a peti tion, it may be heard separately or collectively as regards any re spondents who have been served, and may subsequently be heard sep arately or collec tively as regards any other respondents as and when service upon them is effected.

Debtor intending to show cause

138 Where a debtor intends to show cause against a petition he shall^[35] �

(a) file a notice with the Registrar specifying the statements in the petition which he intends to deny or dispute, and

(b) not later than two days before the day fixed for the hearing, serve a copy of the notice to the petitioning creditor or his barrister and attorney, if known.

Proof of statements in petition

139 (1) At the hearing the Court may make a receiving order on such proof of the statements in the petition as it thinks sufficient except that where the debtor appears to show cause against the petition there shall be proved the petitioning creditor's debt, the act of bankruptcy or any other matter in re spect of which the debtor has given notice of dis pute.

(2) If new evidence of any matter in dispute is given, or a wit ness to such matter is not present for cross-examination, and applica tion is made for an extension of time to show cause, the Court shall, if it consid ers the application to be reasonable, grant such further time as it thinks fit.

Non-appearance of creditor

140 If a creditor neglects to appear on his petition, no subsequent petition against the same debtor or debtors or any of them, either alone or jointly with any other person, shall be presented by the same creditor in respect of the same act of bankruptcy without the leave of the Court to which the pre vious petition was presented.

Power to dispense with personal appearance

141 The Court may, if it thinks fit, dispense with the personal atten dance of the petitioning creditor and of the witnesses to prove the debt and the act of bankruptcy or other material statements.

Proceedings after trial of disputed question

142 Where proceedings on a petition have been stayed pending the deter mination of the validity of the petitioning creditor's debt, then on production of the judgment determining the validity, or of an office copy or certificate thereof, the Registrar shall �

(a) if the judgment has been given in favour of the validity of the debt, on application by the petitioning creditor, �

(i) fix a time and place for the continuance of the proceed ings; and

(ii) give notice thereof to the petitioner, the debtor at the address given in his notice of intention to show cause, and to their respec tive barrister and attorney, if known; or

(b) if judgment has been given against the validity of the debt, on application by the debtor�

(i) fix a time and place on which the debtor may apply to the Court for the dismissal of the peti tion with costs; and

(ii) give notice thereof to the petitioner, the debtor, and their respective barrister and attorney, if known.

Application for extension of time

143 (1) An application for extension of time for hearing a petition shall be in writing, but need not be supported by affidavit unless the Court other wise requires.

(2) No order shall be made extending the time for more than fourteen days from the day fixed for the hearing if the Court is satisfied that further extension will be prejudicial to the general body of creditors.

(3) No costs occasioned by the application shall be al lowed out of the estate unless the Court otherwise orders.

Adjournments

144 (1) Subject to Rule 139(2), no adjournment of the hearing of a petition shall be allowed except for such reason as the Court thinks suf ficient.^[36]

(2) The reason for the adjournment shall be stated in the order of adjournment.

Receiving order

Settlement of order

145 Every receiving order, and order for the appointment of the Of ficial Re ceiver as interim receiver of a debtor's property, shall be settled by the Reg istrar.

Contents of order

146 (1) A receiving order made on a creditor's petition shall state the na ture and date of every act of bankruptcy upon which the order is made.^[37]

(2) Every receiving order shall contain a notice requir ing the debtor forthwith after service of the order upon him to attend on the Of ficial Receiver at the place mentioned therein.

(3) Where the petitioner is represented by a barrister and at torney the receiving order shall be endorsed with the name and ad dress of the barrister and attorney.

Service of order

147 Not less than two sealed copies of the receiving order, or order for the appointment of the Official Receiver as interim receiver, shall forthwith be sent by the Registrar to the Official Receiver, who shall cause one of the copies to be served on the debtor.

Advertisement in local paper

148 (1) Upon receipt of a copy of the receiving order the Official Re ceiver named therein shall forthwith cause the order to be advertised in
such local newspaper as the Registrar may direct or, if no direction has been given, as the Official Receiver thinks fit.^[38]

(2) Where advertisement of the order has been stayed, para graph (1) does not apply until the stay has ceased to operate.

Receiving order on bankruptcy notice

149 Where the act of bankruptcy alleged in the petition is non-compliance with the requirements of a bankruptcy notice, then �

(a) if the debtor has applied to set aside the notice, no re ceiving order shall be made against him until the appli cation has been heard; and

(b) if the notice is set aside or while proceedings are stayed, no receiving order shall be made; and

the petition shall be adjourned or dismissed as the Court thinks fit.

Stay of other proceedings

150 An order staying any action or proceedings against the debtor may be included in a receiving order.

Costs of petition, etc

151 (1) Subject to paragraphs (2) to (4) (inclusive), the costs of all pro ceedings under the Act up to and including the making of the receiv ing order shall be borne by the party taking the proceedings.

(2) The Court may at any time order that the debtor shall pay the whole or any part of the costs.

(3) Where a receiving order is made on the petition of the debtor while a creditor's petition against him is pending, the Court may order that the costs shall be paid out of the estate.

(4) Where a receiving order is made on a creditor's peti tion, the costs of the creditor (including the costs of the bankruptcy notice, if any, sued out by him) shall be taxed and paid out of the estate.

Official Receiver's costs where proceeds of estate insufficient

152 If the proceeds of the estate are not sufficient for the payment of any costs necessarily incurred by the Official Receiver, in excess of the amount deposited under Rule 120, between the making of the receiving order and the conclusion of the first meeting of creditors, the Court may order such costs to be paid by the party taking the proceedings.

Application to rescind receiving order or stay proceedings thereun der, or to annul adjudication

153 (1) Unless the Court otherwise directs, no application to re scind a receiving order or to stay proceedings thereunder, or to annul an adjudica tion, shall be heard unless notice of the intended application and a copy of the affidavits in support of it have been served upon the Official Receiver not less than seven days before the hearing of the ap plication.^[39]

(2) Pending the hearing of the application, the court may make an interim order staying such of the proceedings as it thinks fit.

Application to rescind receiving order, etc. because debts paid in full

154 (1) Not less than four days before the day appointed for the hearing of an application to rescind a receiving order or annul an order of adjudica tion on the ground that the debts of the debtor have been paid in full, the Official Receiver shall file a report as to the conduct and affairs of the debtor, including his conduct during the proceedings.

(2) The Court may order notice of the application to be served on any creditor who is mentioned in the debtor's statement of affairs or who has notified the Official Receiver or the trustee that he has, or at the date of the receiving order had, claims against the debtor.

(3) On the hearing of the application the Court shall consider the report and hear any further evidence which may be adduced by any party and any objection which may be made by the trustee or by any creditor who has been served with notice of the application or who ap pears by leave of the Court.

Statement of affairs

Submission and filing

155 (1) The debtor shall be furnished by the Official Receiver with instruc tions for the preparation of his statement of affairs.^[40]

(2) Two copies of the statement of affairs, one of which shall be verified by affidavit, shall be submitted by the debtor to the Official Re ceiver.

(3) The Official Receiver shall file in court the verified state ment of affairs.

Extension of time

156 A debtor who requires an extension of time for the submission of his statement of affairs may, instead of applying to the Court under section 15 of the Act, apply to the Official Receiver, who may, if he thinks fit, give a written certificate extending the time.

Public examination

Order fixing time of public examination

157 (1) When a receiving order has been made, the Official Re ceiver shall apply to the Court for the appointment of a time and place for the public ex amination of the debtor and the Official Receiver shall not delay the applica tion by reason only that the case is one to which Rule 166 may apply.^[41]

(2) Upon the application the Court shall make an order ap pointing a time and place for the examination and ordering the debtor to attend thereat.

Notice to debtors, creditors, etc

158 On the making of the order appointing a time and place for the public examination,^[42] the Official Receiver shall �

(a) serve a copy of the order on the debtor;

(b) give notice of the order to the creditors; and

(c) cause the order to be advertised in such local paper as the Registrar may direct or, if no direction has been given, as he thinks fit.

Debtor's failure to attend

159 If the debtor, without giving any sufficient reason, fails to attend the public examination or any adjournment thereof and the Court is satisfied that the order requiring the debtor to attend was duly served, it may forth with issue a warrant for his arrest in accordance with section 27(1)(d) of the Act, or make such other order as it thinks just.

General proxy-holders may question debtor

160 For the purpose of section 16(4) of the Act (which permits a creditor or his representative to question the debtor), a holder of a gen eral proxy or power of attorney from a creditor shall be deemed to be his representative authorised in writing.

Adjournment other than sine die

161 In the exercise of its discretion to adjourn the public examina tion un der section 16(3) of the Act, the Court may have regard to the fact that criminal proceedings have been, or are likely to be, instituted in respect of any matter arising out of or connected with the bankruptcy proceedings.

Adjournment sine die

162 The Court may adjourn the public examination sine die and may make such further order as it thinks fit, where �

(a) it is of opinion that the debtor is not making a full and true disclosure of his affairs; or

(b) the debtor, without showing any sufficient reason has failed to attend the public examination or any adjourn ment thereof, or to comply with any order of the Court in relation to his accounts, conduct, dealings, or prop erty.

Application to proceed

163 The Court may, on the application of the Official Receiver or of the debtor, appoint a time and place for proceedings with a public exam ination which has been adjourned sine die.

Costs of advertising date of adjourned examination

164 Where application is made by the debtor for the appointment of a time and place for proceeding with a public examination adjourned sine die, then, unless the Official Receiver or the trustee, as the case may be, con sents to payment of the expenses out of the estate �

(a) the expense of gazetting, advertising and giving notice to the creditors of the date of the adjourned examination shall be borne by the debtor;

(b) before a time and place is appointed for proceeding with the examination the debtor shall deposit with the Offi cial Receiver such sum as the Official Receiver consid ers sufficient to defray the expenses; and

Notice of proceedings after adjournment sine die

165 On the making of an order^[43] appointing a time and place for proceeding with a public examination adjourned sine die, the Official Receiver shall, unless the Court otherwise orders, �

(a) serve a copy of the order on the debtor;

(b) give notice of the order to the creditors; and

(c) not later than seven days before the day so appointed cause the order to be advertised in the local paper in which the order for the public examination was adver tised pursuant to Rule 158.

Debtor unfit to attend public examination

166 (1) Where a debtor is suffering from mental or physical afflic tion or disability rendering him unfit to attend a public examination, application may be made for an order dispensing with the examination, or directing that the examination shall be conducted in such manner and at such place as the Court thinks fit.^[44]

(2) The application shall be made �

(a) by the Official Receiver, or

(b) by a person who has been appointed by the Court to manage the affairs of or represent the debtor, or

(3) Where the application is made by the Official Receiver �

(a) it may be made ex parte, and may be supported by evi dence in the form of a report by the Official Receiver to the Court;

(b) the expense of holding an examination ordered upon the application shall be deemed to be an expense incurred by the Official Re ceiver within the meaning of Rule 95.

(4) Where the application is made by any person other than the Official Receiver, then�

(a) it shall be made by motion and shall, unless the debtor is a person of unsound mind so found by inquisition, be supported by the affidavit of a duly registered medical practitioner as to the debtor's physical and mental condition;

(b) notice of the motion shall be given to the Official Re ceiver and trustee, if any;

(c) before any order is made on the application, the appli cant shall deposit with the Official Receiver such sum as the Official Re ceiver shall certify to be necessary for the expense of the examination.

Order dispensing with public examination

167 (1) When a receiving order has been made against a debtor it shall be the duty of the Official Receiver to consider whether, having re gard to the matters specified in section 17(1) of the Act, reasonable grounds exist to warrant an application by him under that section for an order to dispense with the holding of a public examination.^[45]

(2) Not later than twenty-one days before the day ap pointed for the hearing of the application, the Official Receiver shall give no tice of the time and place thereof to the debtor and the creditors and the no tice shall inform the creditors that any objections to the making of an order under section 17(1) of the Act must be received by the Official Receiver not later than fourteen days before the day so appointed.

(3) Any such application by the Official Receiver shall be made ex parte and shall be supported by evidence in the form of a report by the Official Receiver to the Court to be filed not less than seven days before the day appointed for the hearing of the application and the re port shall in clude a statement as to whether the Official Receiver has re ceived from any creditor any objection to the making of an order under section 17 of the Act and the substance of the objection.

(4) The application may, if the Court thinks fit, be heard in the absence of the debtor and if the hearing takes place on a day other than that appointed for the public examination the Official Receiver shall give notice of the outcome of the application to the debtor and to the credi tors.

(5) When the Court rescinds an order made under sec tion 17 of the Act, the Official Receiver shall apply to the Court for the ap point ment of a time and place for the public examination of the debtor and upon the application the Court shall make an order appointing a time and place for the examination and order the debtor to attend thereat.

Approval of composition or scheme

Application for approval

168 (1) After the public examination has been concluded, the Offi cial Re ceiver or the debtor may, where the creditors have accepted a composition or scheme, forthwith apply to the Court to fix a time and place for hearing an application for approval of the composition or scheme.^[46]

(2) The making of an application shall not be deemed to imply approval of the composition or scheme.

Notice to Official Receiver

169 Any person other than the Official Receiver who applies to the Court to approve a composition or scheme shall, not less than seven days before the day appointed for hearing the application, send notice of the application to the Official Receiver.^[47]

Notice to creditors

170 Not less than two days before the day appointed for hearing an appli cation to approve a composition or scheme, the Official Receiver shall send notice of the application to every creditor who has proved his debt.^[48]

Official Receiver's report and appearance

171 (1) The Official Receiver shall file his report not less than two days before the day appointed for the hearing.^[49]

(2) The Official Receiver and the trustee, if any, shall be enti tled to be heard on application.

Restrictions on approval of composition or scheme

172 The Court shall not make an order approving the composition or scheme, unless it is satisfied�

(a) that the provisions of section 18(1) and (2) of the Act have been complied with; and

(b) that on the report of the Official Receiver, provision is made for payment of all proper costs, charges, and ex penses in respect of the proceedings, and all fees and percentages payable to the Official Receiver and the Registrar.

Debtor's costs

173 If the Court refuses to approve the composition or scheme, no costs in curred by the debtor in respect of the application shall be al lowed out of the estate.

Appeal

174 An appeal to the Appellate Court from an order approving or refusing to approve a composition or scheme shall lie at the instance of the trustee.

Publishing order

175 Upon the making of an order approving a composition or scheme, the Registrar shall forthwith direct that the order be published in the Gazette.^[50]

Fee on application

176 The fee payable on an application to approve a composition or scheme may be allowed and paid out of the estate of the debtor where there are funds available for the purposes in the hands of the Official Receiver or the trustee, as the case may be.

Correction of errors and omissions

177 At the time a composition or scheme is approved, the Court may cor rect or supply any accidental error or omission therein, but no al teration in the substance of the composition or scheme shall be made.

Rescission of receiving order

178 When making an order approving a composition or scheme, the Court shall discharge the receiving order.

Proceedings if scheme is approved

179 When a composition or scheme is approved, the Official Receiver shall, on payment of all proper costs, charges, and expenses of and in cidental to the proceedings, and all fees and percentages payable to the Official Re ceiver, forthwith put the debtor, or the person or persons to whom under the composition or scheme the property of the debtor is to be assigned, into pos session of the debtor's property.

Official Receiver to be trustee

180 If under a composition or scheme a trustee is not appointed or if a trustee so appointed declines to act or becomes incapable of acting or is re moved, the Official Receiver shall unless and until another person is ap pointed trustee by the creditors, be the trustee for the purposes of the com position or scheme.

Security by trustee under composition or scheme

181 (1) When a composition or scheme is approved, the trustee ap pointed under it may, if required, give security to the satisfaction of the creditors in like manner as a trustee in bankruptcy.

(2) If the trustee fails to give the security within the time re quired, he may be removed by the Court.

Default in payment of composition

182 Where default is made by a debtor or a trustee in any payment under a composition or scheme, the only remedy of any person ag grieved shall be by application to the Court under section 18(15) and (16) and section 25(3) of the Act.^[51]

Effect of annulment of composition or scheme

183 Upon the annulment of a composition or scheme �

(a) the property of the debtor shall, unless the Court other wise directs, forthwith revert to the Official Receiver to whom the estate was originally assigned; and

(b) the trustee under the composition or scheme shall ac count to the trustee in the bankruptcy for any money or property of the debtor which has come to his hands, and hand over to the trustee in bankruptcy any money or property which has not been duly administered.

Provision for disputed claims

184 (1) Where under a composition or scheme provision is made for the payment of any monies to the creditors and any claim in respect of which a proof has been lodged is disputed, the Court may, if it thinks fit, direct that the amount which would be payable if the claim were es tablished shall be secured in such manner as the Court may direct.

(2) On the determination of the dispute, the sum so se cured shall be paid as the Court may direct.

Proof of debts in composition or scheme

185 (1) A person claiming to be a creditor under a composition or scheme who has not proved his debt before the approval of the compo sition or scheme shall lodge his proof with the trustee thereunder, or, if there is no trustee, with the Official Receiver.

(2) The trustee or Official Receiver shall admit or reject the proof.

(3) No creditor is entitled to enforce payment of any sum payable under a composition or scheme unless he has proved his debt and his proof has been admitted.

Compositions and schemes under sections 18 and 25

186 The provisions of these Rules relating to compositions or schemes apply to compositions or schemes under section 18, and, so far as applicable, to those under section 25 of the Act.

Adjudication

Adjudication on application of debtor

187 (1) At the time of making a receiving order or at any time thereafter the Court may, on the application of the debtor, adjudge him bankrupt.^[52]

(2) The application may be made orally and without no tice.

Adjudication on application of other parties

188 (1) When a receiving order has been made, any creditor or the Official Receiver may apply to the Court to adjudge the debtor bankrupt.^[53]

(2) On the application the Court may forthwith make an order of adjudication if �

(a) a quorum of creditors has not attended the first meeting of creditors or one adjournment thereof; or

(b) it is satisfied that the debtor has absconded or does not intend to propose a composition or scheme; or

Adjudication on failure of composition or scheme

189 Where a composition or scheme is not accepted by the creditors at the first meeting or at one adjournment thereof, the Court may, on the applica tion of the Official Receiver or of any person interested, ad judge the debtor bankrupt.

Adjudication on adjournment of public examination sine die

190 Where the public examination of a debtor is adjourned sine die, the Court may forthwith adjudge him bankrupt.

Notice of order of adjudication

191 Where the debtor is adjudged bankrupt the Registrar shall forthwith give notice thereof to the Official Receiver and direct the Offi cial Receiver to advertise the notice thereof in the Gazette.^[54]

Adjudication of a barrister and attorney

192 Where the debtor is a barrister and attorney the Registrar shall, upon the making of an order of adjudication, and upon the annulment of such an order, forthwith give notice thereof to the Secretary of the Bar Council.

Trustee to account notwithstanding annulment

193 The annulment of an adjudication shall not relieve a trustee from the duty imposed on him by the Act and these Rules to account to the Registrar for all his transactions in connexion with the estate.

Discharge

Application for discharge.

194 A bankrupt intending to apply for his discharge shall produce to the Registrar a certificate from the Official Receiver specifying the num ber of his creditors of whom the Official Receiver has notice, whether they have proved or not.^[55]

Notice of hearing

195 (1) When a day has been appointed for hearing the application the Registrar shall, not less than twenty-eight days before the day so appointed, give notice of the time and place to the Official Receiver and to the trustee and shall also forthwith cause a notice thereof to be pub lished in the Gazette.^[56]

(2) Notice of the time and place appointed for the hearing shall be sent by the Official Receiver to each creditor not less than fourteen days before the day so appointed.

Report of Official Receiver

196 Not less than seven days before the day fixed for the hearing the Official Receiver shall file his report and send a copy to the bankrupt by post or such other electronic method or effect personal delivery.

Evidence in answer to report

197 (1) Where a bankrupt intends to dispute any statement with regard to his conduct or affairs contained in the Official Receiver's re port, he shall, not less than two days before the hearing of the applica tion for discharge, file in Court a notice in writing specifying the state ments in the report which he proposes to dispute and serve a copy of the notice upon the Official Receiver.

(2) Any creditor who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the Official Re ceiver's report shall, not less than two days before the hearing of the application, file in court a notice in writing stating his intended opposi tion and the grounds thereof, and serve a copy of the notice upon the Official Receiver and upon the bankrupt.

Costs of application

198 The costs of the bankrupt of or incidental to his application for dis charge shall not be allowed out of his estate.

Order conditional on consent to judgment

199 (1) Where the Court grants an order of discharge conditionally upon the bankrupt consenting to judgment being entered against him by the Official Receiver or the trustee for the balance, or any part of the balance, of the debts provable under the bankruptcy which is not satis fied at the date of his discharge, the order of discharge shall not be signed, completed, or delivered out until the bankrupt has given the re quired consent.^[57]

(2) The judgment shall be entered in the Court having ju ris diction in the bankruptcy in which the order of discharge is granted.

(3) If the bankrupt does not give the required consent within
one month of the making of the order the Court may, on the applica tion of the Official Receiver or the trustee, rescind the order or make such other order as it thinks fit.

Order of discharge

200 The order of the Court made on an application for discharge shall bear the date of and take effect from the day on which it is made, but the opera tion of the order shall be suspended until such time as it is drawn up and signed.^[58]

Deferment of issue of order pending appeal

201 (1) The order on an application for discharge shall not be de livered out or published in the Gazette until the time allowed for appeal ing has expired or, if an appeal is entered, until the appeal has been determined.

(2) When the time for appealing has expired or, as the case may be, when the appeal has been decided, the Registrar shall forth with transmit the order to the Official Receiver who shall cause the order to be published in the Gazette.^[59]

Appeals

202 An appeal to the Appellate Court shall lie at the instance of the trustee from any order of the Court made upon an application for dis charge or upon an application for rescission of a receiving order or for annulment of adjudi cation on the ground that the debts of the debtor have been paid in full.

Execution on judgment under conditional discharge

203 (1) An application by the Official Receiver or the trustee for leave to is sue execution on a judgment entered pursuant to a condi tional order of dis charge shall be in writing, and shall state shortly the grounds on which the application is made.

(2) When the application is lodged, the Registrar shall fix a time and place for the hearing.

(3) Not less than seven days before the day appointed for the hearing the Official Receiver or the trustee shall give notice thereof to the debtor and send him a copy of the application.

Accounts of after-acquired property

204 (1) Where a bankrupt is discharged conditionally upon con senting to judgment being entered against him, or upon payments being made out of his future earnings or after-acquired property, he shall, until the judgment or condition is satisfied, give the Official Receiver such information as he may from time to time require with respect to his earnings and after-ac quired property and income, and not less than once a year file in court a statement, verified by affidavit, showing par ticulars of any property or in come acquired by him after his dis charge.^[60]

(2) The Official Receiver or the trustee may require the bankrupt to attend before the Court to be examined on oath as to his state ment or as to his earnings, income, after-acquired property, or dealings.

(3) Where a bankrupt neglects to file a verified statement or to attend the Court for examination when required to do so, or fails prop erly to answer any proper questions put to him, the Court may on the appli cation of the Official Receiver or the trustee, rescind the order of discharge.

Application for modification of order

205 Where, after the expiration of two years from the date of the or der made on application for discharge, a bankrupt applies to the Court to modify the terms of the order on the ground that there is no reason able probability of his being in a position to comply with its terms, he shall give fourteen days' notice of the day fixed for hearing the applica tion to the Official Receiver and to all creditors who have proved.

Automatic discharge

Consideration by the Court

206 (1) When the Court makes an order which concludes or, under section 17 of the Act, dispenses with the public examination of a debtor, the Court shall proceed to consider whether or not to make an order under section 31(1) of the Act directing that section 31(2) of the Act shall have effect if the debtor has been or is subsequently adjudged bankrupt in the proceed ings.

(2) When the Court dispenses with the public examina tion of a debtor under section 16(10) of the Act it shall proceed to consider whether to make an order under section 31(1) of the Act but may, if it
thinks fit, adjourn such consideration for the purpose of receiving from the Official Receiver a report as to the conduct and affairs of the debtor, includ ing his conduct during the proceedings, and such report is prima facie evi dence of the matters contained therein.

Service of order by Official Receiver

207 If the Court thinks fit to make an order under section 31(1) of the Act not less than two sealed copies of the order shall forthwith be sent by the Registrar to the Official Receiver who shall cause one of the copies to be served on the debtor.

Gazetting of discharge

208 Where an order made under section 31(1) of the Act has not been re scinded and the circumstances set out in section 31(2) of the Act ap ply, the Registrar shall on the fifteenth anniversary of the date of the adjudi cation forthwith give notice published in the Gazette that the debtor has been discharged under section 31(2) of the Act.^[61]

Application by trustee to rescind order

209 Unless the Court otherwise directs, no application by a trustee to re scind an order made under section 31(1) of the Act shall be heard unless notice of the intended application and a copy of the affidavits in support of it have been served upon the Official Receiver and the debtor not less than seven days before the hearing of the application.

Application by Official Receiver to rescind order

210 The Official Receiver shall apply to rescind an order made under sec tion 31(1) of the Act if �

(a) he becomes aware of any misconduct on the part of the debtor which occurred before the making of the order and which was not known to the Official Receiver when the order was made but which, if it had been disclosed to the Court, would, in the opinion of the Official Re ceiver, have been likely to result in the order not being made;

(b) the debtor is guilty of any misconduct which, if it had occurred before the making of the order and had then been known to the Court would, in the opinion of the Official Receiver, have been likely to result in the order not being made;

(d) an application by the debtor for his discharge has been granted subject to a suspension or condition such that the debtor may still be an undischarged bankrupt on the fifteenth anniversary of the date of the adjudication;

(e) the debtor has failed to co-operate with the Official Re ceiver or the trustee;

(f) the debtor has again been adjudged bankrupt; or

(g) the debtor has been convicted of any offence under the Act or any other offence connected with his bankruptcy;

and any application by the Official Receiver under paragraph (c) or (d) may be made without notice or formality immediately following the making of the order to which the said paragraph (c) or (d) relates.

Discharge on application of Official Receiver

Notice of hearing

211 Not less than fourteen days before the day appointed for the hearing of an application by the Official Receiver under section 32 of the Act in respect of the adjudication of the bankrupt, notice of the time and place appointed for the hearing shall be given by the Official Receiver to the trustee and the bankrupt and to the Registrar who shall cause the notice to be published in the Gazette.^[62]

Consequential provisions

212 Rules 196, 197 and 199 to 205 (inclusive) shall apply to pro ceedings under section 32 of the Act as they apply to proceedings under section 30 of the Act except that it shall not be necessary to give notice to creditors of an application by the bankrupt under section 32(8).^[63]

Acting as director

Application for leave to act

213 (1) Where a bankrupt intends to apply for leave to act as direc tor or take part in the management of a company, he shall serve upon the Official Receiver notice of the intended motion and a copy of the af fidavit in support thereof, and shall apply to the Court to fix a time and
place for the hearing of the motion.

(2) The Registrar shall give to the Official Receiver not less than twenty-eight days' notice of the time and place fixed for the hear ing.

(3) The Official Receiver shall make a report to the Court and send a copy thereof to the bankrupt by registered post or effect personal delivery not less than seven days before the day fixed for the hearing.

(4) Where the bankrupt intends to dispute any statement in the report, he shall, not less than two days before the day fixed for the hearing, file in court a notice specifying the statements which he intends to dispute, and serve a copy of the notice on the Official Receiver.

(5) An appeal to the Appellate Court from the order made on the motion shall lie at the instance of the bankrupt.

Meetings of creditors

Notice of first meeting

214 (1) The Official Receiver shall fix the time and place for the first meeting of creditors, and shall forthwith give notice thereof to the credi tors and pub lish the notice in the Gazette.^[64]

(2) The Official Receiver shall give two days' notice to the debtor of the time and place appointed for the meeting but the failure by the Official Receiver to send the notice or by the debtor to receive it does not ab solve the debtor from his duty to attend the meeting in accor dance with the provisions of section 26 of the Act.

Notice of other meetings

215 Notice of subsequent meetings summoned by the Official Re ceiver or the trustee shall be dispatched to creditors not less than two days before the day appointed for the meeting unless the Act or these Rules otherwise pro vide.^[65]

Meetings summoned by the Court

216 Where the Court orders a meeting of creditors to be summoned under paragraph 5 of the First Schedule to the Act, the meeting shall be sum moned as the Court directs, and in default of any direction the Registrar shall transmit a sealed copy of the order to the Official Re ceiver or the trustee, who shall, not less than seven days before the meeting, send a copy of the order to each creditor at the address given in his proof or, if he has not proved, the address given by the debtor in the list of creditors, or any other address known to the Official Receiver or the trustee.^[66]

Non-receipt of notice by creditors

217 The proceedings at a meeting of creditors shall, unless the Court oth erwise orders, be valid, notwithstanding that some creditors have not re ceived the notice summoning the meeting.

Notice to Official Receiver

218 Where a trustee summons a meeting of creditors, he shall send to the Official Receiver a copy of the notice convening the meeting.

Cost of creditor's meetings

219 Where the Official Receiver or the trustee calls a meeting at the request of creditors, the cost of summoning the meeting, including all disbursements for printing, stationery, postage and the hire of a room for the meeting, shall be calculated at the following rate depending on the number of creditors to whom notice is required to be sent, that is to say, for a number not exceed ing twenty-five, one hundred dollars and for every additional ten or part thereof, fifty dollars; however, the cost of every adjournment of such a meeting shall be calculated at half of this rate.

Copy of resolution for Registrar

220 The Official Receiver, or, as the case may be, the trustee, shall send to the Registrar a copy, certified by him, of every resolution of a meeting of creditors.^[67]

Adjourned meetings

221 Unless in the resolution for adjournment another place is speci fied, adjourned meetings shall be held at the same place as the original meeting.^[68]

Quorum

222 In calculating the quorum of creditors present at a meeting, only per sons entitled to vote at the meeting shall be reckoned.

Proof of debts

Swearing of proof

223 An affidavit of proof of debt may be sworn before the Official Re ceiver, the trustee, a justice of the peace, notary public, or any officer of the Court, or outside Bermuda by a justice of the peace, notary public, judge, magis trate, or other person qualified to administer oaths in the country where he resides.^[69]

Workmen's wages

224 (1) Where it appears from the debtor's statement of affairs that there are numerous claims for wages by persons employed by him, a combined proof for all such claims made by the debtor, or his foreman or some other person on behalf of all such creditors shall have the same effect as if sepa rate proofs have been made by each of such creditors.^[70]

(2) A schedule setting out the names of the creditors, and the amounts severally due to them, shall be annexed to the combined proof.

Production of bills of exchange and promissory notes

225 Unless the Court otherwise orders, a bill of exchange, promis sory note, or other negotiable instrument or security in respect of which a creditor seeks to prove must be produced to the Official Receiver, chairman of a meeting, or trustee, as the case may be, before the proof can be admitted, either for voting or for dividend.

Time for lodging proofs

226 (1) A proof intended to be used at the first meeting of creditors shall be lodged with the Official Receiver not later than the time men tioned for that purpose in the notice convening the meeting.

(2) The time specified shall be at least two days before the day appointed for the meeting.

(3) A proof intended to be used at an adjournment of the first meeting (if not lodged in time for the first meeting) must be lodged not less than twenty-four hours before the time fixed for the adjourned meeting.

Transmission of proofs to trustee

227 Upon the appointment of a trustee, the Official Receiver shall �

(a) make a list of all proofs of debts which he has received; and

(b) after taking on the list a receipt from the trustee for the proofs, hand them over to him.

Proofs to be sent by the Official Receiver to Registrar

228 Where another trustee is not appointed, the Official Receiver shall, forthwith �

(a) after the final payment has been made in a composition or scheme approved by the Court, or

(b) after a final dividend has been declared in a bankruptcy,

send to the Registrar all proofs tendered in the proceedings with a certi fied list thereof, distinguishing the proofs which were wholly or partly admitted, and those which were wholly or partly rejected.

Proofs to be sent by trustee to Registrar

229 A trustee in bankruptcy other than the Official Receiver, shall�

(a) send to the Registrar a certified list of all proofs received by him from the Official Receiver or otherwise tendered, distinguishing in the list proofs admitted, rejected, and held over for further consideration; and

(b) transmit all proofs admitted or rejected to the Registrar to be filed.

Procedure where creditor appeals

230 The Official Receiver or, as the case may be, the trustee shall, within seven days after receiving notice from a creditor of his intention to appeal against a decision rejecting a proof, file the proof with the Registrar, together with a memorandum stating the reasons for his de cision.

(2) After the appeal has been heard by the Court, the proof, unless wholly disallowed, shall be returned to the Official Receiver or the trustee.

Time for admission or rejection of proofs by Official Receiver

231 The Official Receiver when acting as trustee shall, within four teen days from the latest date for lodging proofs mentioned in the notice of his inten tion to declare a dividend, in writing either admit or reject, wholly or in part, every proof lodged with him, or require further evi dence in support thereof.

Time for admission or rejection of proofs by trustee

232 A trustee other than the Official Receiver shall, within twenty-eight days after receiving a proof which has not previously been dealt with by the Official Receiver in writing either admit or reject it, wholly or in part, or re quire further evidence in support thereof except that where the trustee has given notice of his intention to declare a dividend he shall, within fourteen days after the latest date mentioned in the notice for lodging proofs, in writ ing admit or reject every proof which has not already been admitted or re jected.

Notice of admission or rejection of proof

233 (1) Where a creditor's proof has been admitted, the notice of dividend shall be sufficient notification to the creditor of the admis sion.^[71]

(2) Where a creditor's proof has been rejected wholly or in part, notice of the decision shall be given to the creditor within the time lim ited for rejecting proofs.

Appeal against rejection of proof

234 No application to reverse or vary the decision of an Official Re ceiver or a trustee rejecting a proof shall be entertained after the expira tion of twenty-one days from the date of the decision.

Costs of appeal against rejection

235 The Official Receiver is not personally liable for any costs in curred in relation to an appeal from his decision rejecting a proof wholly or in part.

Proxies and voting letters

Filing of proxies

236 (1) A proxy shall be lodged with the Official Receiver or the trustee not later than two days before the meeting or adjourned meet ing, at which it is to be used.

(2) As soon as a proxy or voting letter has been used it shall be filed with the proceedings.

Signature of proxy

237 (1) A proxy given by a creditor is sufficiently executed if it is signed by a person in the creditor's employment having a general au thority to sign for him, or by the creditor's authorised agent if the credi tor is resident abroad.

(2) The creditor's authority shall be in writing and shall be produced to the Official Receiver if required.

Blind creditor's proxy

238 The proxy of a creditor who is blind or incapable of writing may be ac cepted if �

(a) the creditor has placed his mark upon or signed it in the presence of a witness,

(b) the witness has added to the creditor's mark or signa ture his own signature, description and residence, and

(c) all insertions in the proxy are in the handwriting of the witness, and he has certified at the foot of the proxy that all the insertions were made by him at the creditor's re quest and in his presence before he attached his mark or signature.^[72]

Infants not to be proxies

239 An infant shall not be appointed as a proxy.

Dividends

Notice of intended dividend

240 (1) Not more than two months before declaring a dividend, the trustee shall give notice of his intention to do so �

(a) to the Registrar, who shall direct the Official Receiver to publish the notice in the Gazette; and

(b) at the same time to every creditor mentioned in the bankrupt's statement of affairs who has not proved his debt.^[73]

(2) The notice shall specify the latest date up to which proofs may be lodged, which shall not be less than fourteen days from the date of the notice.

Appeal after notice of intended dividend

241 (1) Where a creditor, after the latest date for lodging proofs men tioned in the notice of intention to declare a dividend, appeals
against the decision of the Official Receiver or the trustee rejecting a proof�

(a) the appeal shall be commenced and notice thereof given to the Official Receiver or trustee within seven days from the date of the no tice of rejection against which the ap peal is made, and

(b) the Official Receiver or the trustee shall make provision for the dividend payable upon the proof and probable costs of the appeal in the event of the proof being admit ted.

(2) If no appeal has been commenced within the pre scribed time, the trustee shall exclude the proof which has been rejected from participation in the dividend.

Declaration of dividend

242 Immediately after the expiration of the time fixed by these Rules for ap pealing against the decision of the trustee, the trustee shall pro ceed to de clare a dividend, give notice to the Registrar who shall direct the Official Re ceiver to publish it in the Gazette, and send a notice of dividend to each creditor whose proof has been admitted, accompanied by a statement showing the position of the estate.^[74]

Postponement of declaration of dividend

243 If it becomes necessary, in the opinion of the trustee and the committee of inspection, to postpone the declaration of the dividend be yond the pre scribed limit of two months, the trustee shall give fresh no tice of his inten tion to declare a dividend to the Registrar, who shall di rect the Official Re ceiver to publish the notice in the Gazette, and thereafter the same proce dure shall be followed as in the case of the original notice but no fresh notice need be given to creditors mentioned in the bankrupt's statement of affairs who have not proved their debts.

Production of bills of exchange, etc

244 Subject to section 69 of the Bills of Exchange Act 1934 [title 17 item 21], a bill of ex change, promissory note, or other negotiable in strument or security upon which proof has been made, shall, unless the Court on special grounds dis penses with its production, be exhibited to the trustee before payment of any dividend thereon, and the amount of dividend paid shall be endorsed on the instrument.

Dividend sent

245 A dividend may, at the request and risk of the creditor, be transmitted to him by such means as he may specify.

Payment of dividends to a nominee

246 If a person to whom dividends are payable desires that they shall paid to some other person, he may lodge with the trustee a request to that effect, and the request is a sufficient authority for payment of the dividend to the person therein named.^[75]

Appropriation of pay, salary, etc.

Application for appropriation order

247 (1) When a trustee intends to apply to the Court for an appro priation order under section 54 of the Act, he shall give to the bankrupt notice of his intention to do so.

(2) The notice shall specify the time and place fixed for hearing the application, and shall state that the bankrupt is at liberty to show cause against the order being made.

Notice to chief officer of department

248 Where application is made under section 54(1) of the Act, a copy of the proposed order shall be sent by the Registrar to the chief officer of the de partment under which the pay or salary is enjoyed, and the appli cation shall stand adjourned until the officer's written consent is ob tained.^[76]

Notice of order made under section 54(3)

249 Where an order is made under section 54(3) of the Act, the Reg istrar shall give a sealed copy of the order to the trustee who shall com municate the order to the employer, chief officer of a department or other person un der whom the salary, income, half-pay or compensation is enjoyed.^[77]

Review of order

250 Where an order has been made for payment to the trustee by a bankrupt or his employer of a portion of the bankrupt's pay, salary or other income, the bankrupt may, upon any diminution in the amount of that in come, apply to the Court to rescind or vary the order.

Disclaimer of lease

251 (1) A lease may be disclaimed without the leave of the Court�

(a) where the bankrupt has not sub-let the demised premises or any part thereof or created a mortgage or charge upon the lease; and

(i) the estate is administered in a summary man ner under section 117 of the Act; or

(ii) the trustee serves the lessor with notice of his intention to disclaim, and the lessor does not within seven days after the receipt of the notice give notice to the trustee requiring the matter to be brought before the Court;

(b) where the bankrupt has sub-let the demised premises or any part thereof or created [sic] mortgage or charge upon the lease, and the trustee serves the lessor and the sub-lessee or the mortgagees with notice of his intention to disclaim, and neither the lessor nor the sub-lessee or the mortgagees, or any of them, within fourteen days after the receipt of notice, require or requires the matter to be brought before the Court.

(2) Except in a case mentioned paragraph (1), a dis claimer of the lease without the leave of the Court is void.

(3) Where a trustee disclaims a leasehold interest he shall forthwith file in the Court the disclaimer containing particulars of the inter est disclaimed, and a statement of the persons to whom notice of the dis claimer has been given, and no disclaimer is operative until it has been so filed.

(4) Where in pursuance of notice by the trustee of his in tention to disclaim a leasehold interest, the lessor, sub-lessee, or mortgagee re quires the trustee to apply to the Court for leave to disclaim, the costs of the lessor, sub-lessee, or mortgagee shall not be allowed out of the es tate of the bankrupt unless the Court is satisfied that the application was neces sary in order to do justice between the parties.

(5) A disclaimer made without leave of the Court under this Rule is not void or otherwise affected by reason only that notice of in tention to disclaim required by this Rule has not been given to some person who claims to be interested in the demised property.

(6) Where any person claims to be interested in any prop erty of the bankrupt burdened with onerous covenants, he shall, at the re quest of the Official Receiver or the trustee, furnish a statement of the inter est so claimed by him.

Proceeding by or against firm

Signature of notices etc. in firm's name

252 Where any notice, declaration, petition or other document re quiring at testation is signed by a firm of creditors or debtors in the firm's name, the partner signing for the firm shall add his own signature and a statement that he is a partner in the firm.

Service on firm

253 Any notice or petition for which personal service is necessary shall be deemed to be duly served�

(a) on all members of a partnership firm, if it is served at the principal place of business of the firm in Bermuda on any one of the partners, or on any person having at the time of service control or manage ment of the part nership business there;

(b) on a person carrying on business in a name or style other than his own, if it is served on any person having at the time of service control or management of the business in Bermuda.

Debtor's petition by firm

254 A declaration of inability to pay their debts or a bankruptcy pe tition filed by a firm of debtors shall contain the names in full of the in dividual partners in the firm and, if signed in the firm's name, shall be accompanied by an affidavit made by the partner who signs the decla ration or petition, showing that all the partners concur in the filing thereof.

Service of creditor's petition on limited partnership

255 A creditor's petition against a limited partnership registered as such under the Limited Partnership Act 1883 [title 17 item 24], shall, unless the Court otherwise orders, be served at the registered principal place of business of the partner ship by delivering there a sealed copy of the petition to one of the general partners or to some person having at the time of service the control or man agement of the partnership business.

Petition by limited partnership

256 (1) A limited partnership may present a petition in bankruptcy in the name of the firm.

(2) The petition shall be signed by a general partner and shall contain the full names of the general partners and, if signed in the firm's name, shall be accompanied by an affidavit made by the partner who signs the petition showing that all the general partners concur in filing it.

(3) A petition in bankruptcy by or against a limited part ner ship shall be presented to the Court.

Receiving order against firm

257 A receiving order made against a firm shall operate as if it were a re ceiving order made against each of the persons who at the date of the order is a partner in that firm.

Receiving order against limited partnership

258 A receiving order made against a limited partnership shall op erate as if it were a receiving order made against each of the persons who at the date of the order is a general partner in the firm.

Statement of affairs

259 Where a receiving order is made against a firm, the debtors shall sub mit a joint statement of their partnership affairs, and each debtor shall submit a statement of his separate affairs.

Adjudication order against partners

260 No order of adjudication shall be made against a firm in the firm's name, but it shall be made against the partners individually.

Rights of limited partners

261 Where a receiving order is made against a limited partnership, any past or present limited partner has the same rights as a creditor who has proved his debt to inspect the file, to attend meeting of credi tors, and the appear on, and take part in, the public examination of, or any application for an order of discharge by, any general partner.

Liability of limited partners

262 The assets of a limited partnership which, by section 115 of the Act, are to vest in the trustee in the event of all the general partners being adjudged bankrupt, shall include any liability of limited partners and past general partners to contribute to the assets of the partnership, and such liability may be enforced by the trustee by motion in the bankruptcy; however,

(a) no person is liable as a present or past limited partner to contribute to the assets of the partnership any amount in excess of any part of his contribution as such limited partner which he may have failed to pay into or have drawn out or received back from the partnership assets since he became, or while he remained, a limited partner;

(b) no past general partner is liable as such to contribute to the assets of the partnership except in respect of part nership debts and obli gations incurred while he contin ued to be a general partner;

(c) no past general or limited partner is liable as such to contribute to the assets of the partnership unless it ap pears to the Court that the partnership assets otherwise available are insufficient for the pay ment in full of the partnership liabilities and the costs, charges and ex penses of the administration in bankruptcy of the part nership estate.

First meeting of creditors

263 Where a receiving order is made against a firm, the joint and separate creditors shall be summoned collectively to the first meeting of creditors.

Acceptance of composition or scheme by joint and separate credi tors

264 (1) The joint creditors and each set of separate creditors may severally accept compositions or schemes of arrangement.

(2) So far as circumstances will allow, a proposal ac cepted by joint creditors may be approved notwithstanding that any pro posal made by one or more of the debtors to his or their separate creditors may not be accepted.

Voting on composition or scheme

265 (1) Where proposals for compositions or schemes are made by a firm, and by the partners therein individually, the proposal made to the joint creditors shall be considered and voted upon by them apart from all sepa rate creditors, and the proposal made to each set of sepa rate creditors shall be considered and voted upon by that set of separate creditors apart from all other creditors.

(2) The proposals may vary in character and amount.

(3) Where a composition or scheme is approved, the re ceiving order shall be discharged only so far as it relates to an estate the credi tors of which have accepted the composition or scheme.

Trustee and committees of inspection

266 (1) In the bankruptcy of a partnership the trustee appointed by the joint creditors or, in default of such appointment, by the Court, shall be the trustee of the separate estates of the partners.

(2) Each set of separate creditors may appoint its own commit tee of inspection except that the committee (if any) appointed by the joint creditors shall be deemed to have been appointed also by any set of separate creditors who do not appoint a separate committee.

Separate firms

267 (1) If any two or more of the members of a partnership consti tute a separate and independent firm, the creditors of the firm shall be deemed to be a separate set of creditors and subject to the same rules as the separate creditors of any individual member of the partnership.

(2) Where any surplus remains after the administration of the assets of the separate firm, the surplus shall be carried over to the sep arate estates of the partners in that firm according to their respective rights therein.

Apportionment of trustee's remuneration

268 Where joint and separate estates are being administered, the remuner ation of the trustee in respect of the administration of the joint estate may be fixed by the creditors, or (if duly authorised) by the committee of inspec tion, of the joint estate and the remuneration of the trustee in respect of the administration of any separate estate may be fixed by the creditors, or (if duly authorised) by the committee of in spection, of that separate estate.

Persons of unsound mind

Appointment of representative

269 (1) Where it appears to the Court that any debtor, creditor or other per son who may be affected by any proceeding under the Act or these Rules is a person of unsound mind not so found by inquisition (in this Rule called "the person of unsound mind"), the Court may appoint such person as it thinks fit to appear for, represent or act for and in the name of the person of un sound mind, either generally, or for the pur pose of any particular applica tion or proceeding, or in the exercise of any particular rights or powers which the person of unsound mind might have exercised if he had been of sound mind.

(2) The Court may make the appointment �

(a) of its own motion; or

(b) upon application made by any person who has been duly appointed by any court to manage the affairs or property of, or to rep resent the person of unsound mind, or by any relative or friend of the person of un sound mind who appears to the Court to be a proper person to make the application, or by the Official Re ceiver.

(3) The application may be made ex parte and without notice, but the Court may require such notice of the application as it thinks necessary to be given to the Official Receiver, trustee, petitioning credi tor, person alleged to be a person of unsound mind, or any other per son, and may adjourn the hearing of the application to enable the notice to be given.

(4) The application shall be supported by an affidavit of a reg istered medical practitioner as to the mental condition of the person of unsound mind except that an application made by the Official Receiver may be supported by a report made by him.

(5) Any notice served on or given to a person appointed under this Rule has the same effect as if the notice had been served on or given to the person of unsound mind.

Small bankruptcies

Summary administration

270 Where an estate is ordered to be administered in a summary manner under section 117 of the Act, the provisions of the Act and these Rules shall, subject to any special direction of the Court, be modi fied as follows:

(a) the Registrar shall forthwith give notice of the making of the order to the Official Receiver and there shall be no advertisement of any proceedings in a local paper un less the Court otherwise directs;^[78]

(b) the title of every document in the proceedings subse quent to the making of the order^[79] shall contain the words "Summary Case";

(d) if no proposal for a composition or scheme is lodged with the Official Receiver within the times specified for that purpose in section 18 of the Act, or if the Official Receiver satisfies the Court that the debtor has ab sconded, or that the debtor does not intend to propose a composition or scheme, or that the composition or scheme proposed is not reasonable or not calculated to benefit the general body of creditors, the Court may forth with adjudge the debtor bankrupt;

(e) if during or at the conclusion of the public examination of the debtor it appears to the Court that a composition or scheme ought not to be sanctioned by reason of the conduct of the debtor, the Court may forthwith adjudge the debtor bankrupt;

(f) all payments shall be made into or out of a bank that the Court orders;

(g) the first meeting of creditors may be held on the day ap pointed for the public examination or any other day fixed by the Official Re ceiver, and if a quorum of credi tors is not present, it is not necessary to ad journ the meeting;

(h) meetings of creditors shall be held in a place where the Official Receiver determines;

(i) on an application by the bankrupt for his discharge the certificate of the Official Receiver shall not include credi tors whose debts do not exceed one hundred dollars and notices shall not be sent to such credi tors;

(j) in lieu of the copy of the account to be filed with the Court in accordance with section 91(4) of the Act^[80], a statement shall be filed setting out the position of the estate in a manner analogous to that pre scribed in Form 165;

(k) notices of meetings other than first meetings or of sit tings of the Court shall be sent only to creditors whose debts or claims ex ceed the sum of one hundred dollars;

(l) the time limit prescribed by section 64(2) of the Act shall be extended to six months;

(m) the estate shall be realised with all reasonable despatch, and, where practicable, distributed in a single dividend.

Administration of estates of deceased insolvents

Verification of petition

271 Every petition for the administration of the estate of a deceased debtor under section 118 of the Act shall be verified by affidavit.^[81]

Deposit by petitioner

272 The provisions of Rule 120 as to the deposit payable on presen tation of a petition apply to petitions presented under section 118 of the Act by a cred itor or by the legal personal representative of a debtor.

Service of petition

273 The petition shall be served�

(a) unless the Court otherwise directs, on each executor who has proved the will or, as the case may be, on each person who has taken out letters of administration; and

(b) on such other persons, if any, as the Court may direct.

Proof of service, and hearing of petition

274 The provisions of the Act and these Rules regarding proof of service and hearing of a petition apply to a petition under section 118 of the Act as they apply to an ordinary creditor's petition.

Notice of administration order

275 The provisions of Rule 191 apply to the notification, advertising and gazetting of an administration order as they apply to an order of adjudica tion.^[82]

Duties of executor, etc

276 (1) When an administration order has been made, the legal personal representative of the debtor shall forthwith lodge with the Offi cial Receiver an account in duplicate of his dealings with and adminis tration of the de ceased's estate, and shall also forthwith furnish in du plicate a list of the creditors, a statement of the assets and liabilities and such other particulars of the affairs of the deceased as may be required
by the Official Receiver.

(2) Every account, list, or statement to be made under this Rule shall as far as practicable be made and verified in accordance with the practice for the time being of the Court.

(3) The expense of preparing, making, verifying, and lodging any account, list, or statement under this Rule shall be taxed and al lowed out of the estate upon production of the necessary allocatur.

Executor de son tort

277 Where an administration order has been made and it appears to the Court on the report of the Official Receiver that no legal personal represen tative exists, the account, list, and statement mentioned in Rule 276 shall be made, verified, and lodged by such person as, in the opin ion of the Court on the report, has taken upon himself the administra tion of, or otherwise in termeddled with, the property of the deceased or any part thereof.

Meetings of creditors

278 Where a meeting of creditors is convened for the purpose of section 118(4) of the Act, the provisions of the First Schedule to the Act and of these Rules apply with such variations as may be required to render them appli cable to the estate of a deceased person.

Summary administration

279 Where an order for summary administration is made in respect of the estate of a deceased debtor which has been ordered to be admin istered un der section 118 of the Act �

(a) the provisions of section 117 of the Act shall apply with such variations as may be required to render them ap plicable to the estate of a deceased person; and

(b) the provisions of Rule 270 apply with the exception of paragraphs (d), (e), (g) and (i).

PART IV
OFFICIAL RECEIVER, TRUSTEES, SPECIAL MANAGERS,
SECURITY BY TRUSTEE OR SPECIAL MANAGER, GAZETTING,
REGISTRAR'S BOOKS AND RETURNS, ACCOUNTS
AND AUDIT UNCLAIMED FUNDS

Official Receivers

Appointment of Official Receiver

280 Judicial notice shall be taken of the appointment of the Official Receiver.

Removal and resignation of Official Receiver

281 (1) Notice of an order removing the Official Receiver shall be given to him by the Registrar.

(2) Where the Official Receiver is removed, dies, or re signs, the estates, rights and powers vested in him shall vest in such Official Re ceiver as may be appointed.

Officer to act for Official Receiver

282 In the absence of the Official Receiver to whom an estate has been as signed, a person duly authorised by the Official Receiver in writing, may by leave of the Court act on behalf of the Official Receiver and take part for him in the public examination of the debtor in any ex amination under section 29 of the Act and on any unopposed applica tion to the Court.

Duties as to debtor's statement of af fairs

283 When the Official Receiver receives notice that he has been ap pointed to an estate^[83] �

(a) he shall forthwith furnish the debtor with instructions for the preparation of his statement of affairs, and

(b) he or some person deputed by him shall forthwith inter view the debtor for the purpose of investigating his af fairs and determining whether the estate should be administered in a summary manner under section 117 of the Act.

Subsistence allowance to debtor and his family

284 (1) Subject to any directions of the Court, the Official Receiver,
while in possession of the property of the debtor may make him such allowance out of his property for the support of himself and his family as may be just.

(2) In fixing the amount of the allowance, any assis tance ren dered by the debtor in the management of his business or affairs may be taken into account.

(3) Where the debtor has died, the Official Receiver, whether acting as trustee or not, may make an allowance to the debtor's family for their support.

Report as to person employed to assist debtor

285 When under the powers given by section 76 of the Act, the Offi cial Re ceiver employs a person to assist the debtor in the preparation of his state ment of affairs, he shall forthwith inform the Court of the em ployment, the reasons for it and the remuneration to be allowed.

Use of proxies by deputy

286 Where the Official Receiver holds any proxies and cannot con veniently attend any meeting of creditors at which the proxies might be used, he may in writing depute a person to attend the meeting and use the proxies on his behalf in such manner as he may direct.^[84]

Personal performance of duties

287 The Court may direct which acts or duties shall be performed by the Official Receiver in person, and which of his functions may be discharged on his behalf by a person.

Registrar to act in emergency

288 In case of sudden emergency, the Registrar may, if there is no Official Receiver capable of acting, do any act or thing required or au thorised to be done by the Official Receiver.

Removal of special manager

289 Where a special manager has been appointed, the Official Re ceiver may at any time remove him if his employment seems unneces sary or unprof itable to the estate, and shall remove him if so required by a special resolu tion of the creditors.

Mode of application to Court

290 Applications by the Official Receiver to the Court may be made person ally and without notice or formality but the Court may order the application to be renewed and direct that such notice as it thinks fit shall be given to persons likely to be affected by the application.

Evidence on application by Official Receiver

291 Where, for the purposes of an application to the Court by the Official Receiver�

(a) for directions,

(b) to adjudge a debtor bankrupt,

(d) for an extension of time to apply for leave to disclaim a lease,

(e) to commit a bankrupt,

(f) to rescind an order made under section 17 of the Act dispensing with the public examination of a debtor, or

(g) to rescind an order made under section 31 (1) of the Act in relation to automatic discharge,

evidence has to be given by the Official Receiver in support of the appli ca tion, the evidence instead of being given by affidavit may be given by his re port to the Court, which shall be prima facie evidence of the mat ters con tained therein.

Reports to be prima facie evidence

292 Where application is made to the Court �

(a) to approve a composition or scheme,

(b) to rescind a receiving order,

(d) to appoint a representative of a debtor who is of un sound mind,

(e) to dispense with the public examination of a debtor who is unfit to attend, or to make special provision for his examination,

(f) to annul an order of adjudication on the ground that the debts of the debtor have been paid in full,

(g) to dispense with the public examination of a debtor un der section 17 of the Act,

any report filed on the application by the Official Receiver in accordance with a duty or power given to him by the Act or these Rules is prima fa cie evi dence of the matters contained therein.

Application for directions

293 The Official Receiver may apply to the Court for directions in any case of doubt or difficulty, or on any matter not provided for by the Act or these Rules.

No expenses to be incurred where no assets

294 Where a debtor against whom a receiving order has been made has no available assets, the Official Receiver shall not be required to in cur any ex pense in relation to the estate unless the Court otherwise di rects.

Accounting by Official Receiver

295 (1) Where a composition or scheme is approved by the Court, the Offi cial Receiver shall account to the debtor or, as the case may be, to the trustee under the composition or scheme.

(2) Where the debtor is adjudged bankrupt and a trustee is appointed, the Official Receiver shall account to the trustee.

(3) If the debtor or, as the case may be, the trustee, is dissat isfied with the account, he may report the matter to the Court and the Court may take such action as it deems expedient.

(4) The provisions of this Part of these Rules as to trustees' ac counts do not apply to the Official Receiver when acting as trustee, but he shall account in such manner as the Court may direct.

Payment over of money

296 (1) Where the Official Receiver requests payment over to him in accor dance with section 44(1) of the Act of any money seized or re ceived by the Provost Marshal General in part satisfaction of an execu tion, it shall be a good discharge to the Provost Marshal General to show that he has paid the money to the Official Receiver and that at the time of the payment he did not have notice of a receiving order made against the execution debtor.

(2) When the Provost Marshal General receives notice of a re ceiving order, he shall deliver the notice to the Registrar who shall deduct the costs of execu tion and on request pay over to the Official Re ceiver all monies he has re ceived in respect of the execution and has not paid out before he had notice of the receiving order.

Notice of petition or receiving order

297 For the purpose of section 44 of the Act, notice that a petition has been presented or a receiving order made shall be in writing ad dressed to the Provost Marshal General or, where the execution is not in respect of a judg ment of the Court, to the officer charged with the exe cution, and shall be delivered by hand or registered post at the office of the officer charged with the execution.

Official Receiver to act where no committee of inspection

298 Where there is no committee of inspection any functions of the com mittee may, subject to the directions of the Court, be exercised by the Offi cial Receiver.

Trading account of debtor

299 (1) The debtor shall, on the request of the Official Receiver, furnish him with trading and profit and loss accounts and a cash and goods account for such period not exceeding two years immediately pre ceding the date of the receiving order as the Official Receiver shall direct except that the Court may order the accounts to be furnished for a longer period.

(2) If the debtor fails to comply with the requirements of this Rule, the Official Receiver shall report the failure to the Court, and the Court shall take such action upon the report as it thinks just.

Liability for costs, expenses and damages

300 (1) The provisions in this Rule apply to any proceedings taken against the Official Receiver in respect of any act or default of his when acting in pursuance of the provisions of the Act or in the bona fide and reasonable belief that he is so acting or exercising powers given to the Official Receiver by the Act.

(2) Subject to the provisions of paragraphs (3) to (5) (inclusive), any damages, costs, or expenses which the Official Receiver may have to pay or to which he may be put in the proceedings shall be paid out of the estate of the debtor.

(3) The Official Receiver is not entitled to be paid out of the estate of any costs or expenses for which he may be liable in conse quence of resisting the proceedings, unless the Court otherwise orders.

(4) Where the proceedings are commenced before the ap pointment of a trustee by the creditors or before the approval of a com posi tion or scheme, the Official Receiver, before putting the trustee or, in the case of a composition or scheme, the debtor, in possession of the debtor's property, may at the direction of the Court retain the whole or part of the debtor's estate to meet any damages, costs or expenses
which he may incur in consequence of the proceedings.

(5) Where the proceedings are commenced after the ap point ment of a trustee, or after the approval of a composition or scheme, the Official Receiver shall forthwith give notice of the proceedings to the trustee or other persons in whom the estate of the debtor may be vested (including, where appropriate, the debtor himself), and as from the date of the notice the estate shall be charged with the payment of all dam ages, costs and ex penses.

Trustees

Notice of appointment

301 (1) When the appointment of a trustee has been certified, the Registrar shall direct the trustee to publish a notice of his appointment in the Gazette.^[85]

(2) The expense of publishing the notice shall be borne by the trustee who may charge it against the estate.

Notification of objection to the Court

302 (1) Where a majority in value of the creditors object to the ap pointment of a trustee, such creditors may request the Registrar to no tify the objection to the Court and the Registrar on receipt of the request shall fix a time for the hearing of the matter before the Court.^[86]

(2) The notification may be accompanied with a report setting out the grounds of objection which shall be prima facie evidence of the statements contained therein.

Grounds of objection

303 It shall be sufficient objection to the appointment of a trustee that in any other proceedings�

(a) he has not complied with the requirements of section 132 of the Act;

(b) he has been removed under section 94(2) of the Act from the office of trustee; or

(c) he has failed or neglected, without good cause shown by him, to render his accounts for audit for two months after the date by which they should have been rendered.

Right of audience on objection

304 At the hearing of the objection to the appointment of a trustee, the pro posed trustee and every creditor shall be entitled to be heard.

Rate of remuneration of trustee

305 The creditors, or, as the case may be, the committee of inspec tion, in voting the remuneration of the trustee, shall distinguish between the com mission or percentage payable on the amount realised, and the commission or percentage payable on the amount distributed in divi dend.

Limit of remuneration

306 Subject to the provisions of the Act and these Rules, the trustee shall not receive out of the estate any remuneration for services ren dered to the estate other than the remuneration to which under the Act and these Rules he is entitled for his services as trustee.

Remuneration of trustee appointed by the Court

307 A trustee appointed by the Court shall receive out of the estate such remuneration as the Court shall determine.

Removal for failure to keep up or increase security

308 Where a trustee or special manager fails to keep up his security or, if called upon to do so, to increase it, the Court may, if it thinks fit, remove him from his office.

Notification of removal

309 The Court upon removing a trustee shall forthwith send a notice of the order removing him to the Registrar who shall �

(a) file the notice with the proceedings;

(b) give written notice of the order to the Official Receiver; and

Notice of resignation

310 A trustee intending to resign his office shall call a meeting of creditors to consider whether his resignation shall be accepted and shall give not less than seven days' notice of the meeting to the Official Re-
ceiver.^[87]

Application for release

311 Before applying to the Court for his release, a trustee shall send notice of his intention to do so, accompanied by a summary of his re ceipts and payments as trustee to all creditors who have proved their debts and to the debtor except that no notice or summary shall be sent to the creditors where the application is made upon the trustee ceasing to act by reason of a com position or scheme having been approved un der section 25 of the Act, how ever, any objection to the granting of a re lease shall be notified to the Court within twenty-one days of the date of the notice.^[88]

Release to be published

312 (1) A notice of the order of the Court granting the release of a trustee shall be published by the Official Receiver in the Gazette.^[89]

(2) The trustee shall provide the stamp fee required on the no tice and may charge the amount of the fee to the estate.

Delivery of books etc. on release or removal

313 Upon resigning or being released or removed from his office, the trustee shall deliver over to the Official Receiver or, as the case may be, the new trustee, all books, papers, documents, and accounts in his pos session re lating to the office of trustee.

No release until books handed over

314 The release of a trustee shall not take effect until the provisions of rule 313 have been complied with.

Meeting to consider removal of trustee

315 Where one-tenth in value of the creditors desire a general meeting of creditors to be summoned to consider the propriety of remov ing the trustee, the meeting may be summoned by a member of the committee of inspection or by the Official Receiver, on deposit of a sum sufficient to defray the ex penses of summoning the meeting.^[90]

Local bank

316 Where the trustee has opened an account at a local bank�

(a) moneys received by him shall forthwith be paid in to the credit of the estate;

(b) payments out shall be made by cheque payable to or der;

(c) cheques shall bear the name of the estate and shall be signed by the trustee and countersigned by at least one member of the committee of inspection and such other person, if any, as the Registrar may direct.

Payments out of account

317 Payments out of the account in the name of the debtor's estate shall be made in such manner as the Court may direct.

Application for directions

318 Where a trustee applies to the Court for directions, he shall file an ap plication, and thereupon the Court shall hear the application, or fix a time and place for hearing it and direct the trustee to apply by mo tion.^[91]

Prohibition of purchase of estate by trustee or committee of in spection

319 (1) Unless the leave of the Court is first obtained, no person shall, while acting as trustee or as a member of a committee of inspec tion, directly or indirectly, by himself or any partner, clerk, agent or ser vant, become pur chaser of any part of the estate.

(2) A purchase made contrary to the provisions of this Rule may be set aside by the Court on the application of any creditor.

Dealings with estate by trustee and committee of inspection

320 (1) Where a trustee carries on the business of the debtor, he shall not, without first obtaining the leave of the Court, purchase goods for the business from his employer, or from any person who is con nected with the trustee in such a way that the trustee would obtain a portion of any profit arising out of the transaction.

(2) No member of the committee of inspection shall, without first obtaining the leave of the Court, directly or indirectly, by him self or his employer, partner, clerk agent, or servant, be entitled to derive any profit from any transaction arising out of the bankruptcy, or to receive out of the estate any payment for services rendered by him in connexion with the administration of the estate, or for any goods supplied by him
to the trustee for or on account of the estate.

(3) If it appears to the Court that any payment or profit has been made contrary to the provisions of this Rule, the Court may disal low the payment or recover the profit, as the case may be, on the audit of the trustee's account.

(4) No payment shall be allowed to a member of a com mittee of inspection for services rendered by him in the discharge of his du ties as a member of the committee.

(5) The Court shall not sanction any payment to a member of a committee of inspection for services rendered in connexion with the administration of the estate unless the services performed are of a spe cial nature, and the order of the Court sanctioning a payment shall specify the nature of the services.

(6) The cost of obtaining the leave of the Court under this Rule or Rule 319 shall be borne by the person in whose interest it is obtained and shall not be payable out of the debtor's estate.

Discharge of costs, etc., before estate handed over to trustee

321 (1) Where a trustee is appointed, the Official Receiver shall forthwith upon the debtor being adjudged bankrupt put the trustee into possession of all of the property of the bankrupt of which the Official Receiver is possessed except that the estate shall not be so handed over until the trustee has�

(a) discharged any balance due to the Official Receiver on account of fees, costs, and charges incurred by him and payable under the Act,

(b) discharged any balance due on account of advances properly made by the Official Receiver in respect of the estate, together with interest on the advances at the rate of five dollars per cent per annum, and

(c) discharged or undertaken to discharge all guarantees properly given by the Official Receiver for the benefit of the estate.

(2) The trustee shall pay all fees, costs, and charges of the Of ficial Receiver, whenever incurred, which have not been discharged by the trustee before the estate was handed over to him.

(3) The Official Receiver shall be deemed to have a lien upon the estate until all such balances, guarantees and other liabilities as mentioned in this Rule have been discharged.

(4) The Official Receiver shall, at the request of the trustee, give him all such information respecting the bankrupt and his es tate and affairs as may be necessary or conducive to the due discharge of the duties of the trustee.

Meetings of creditors to consider conduct of trustee

322 Where the Official Receiver is of opinion that any act done by the trustee or any resolution passed by the committee of inspection should be brought to the notice of the creditors for the purpose of being re viewed or otherwise, the Official Receiver may summon a meeting of creditors to con sider the act or resolution, and the expense of summon ing the meeting shall be paid by the trustee out of any available assets under his control.

Special manager

Remuneration

323 Where a special manager is appointed and his remuneration is not fixed by the creditors, he shall be paid such remuneration as may from time to time be fixed by the Official Receiver.

Accounts

324 The special manager shall submit his accounts, verified by affi davit in the prescribed form^[92], to the Official Receiver and, when the ac counts are ap proved by the Official Receiver, the totals of the receipts and payments shall be added to the Official Receiver's accounts.

Security by trustee or special manager

Mode of giving security

325 (1) A trustee or special manager shall give security to such persons and in such manner as the creditors may from time to time di rect; however, it is not necessary that security is given in each separate matter but it may be given either specially in a particular matter or gen erally, to be available for any matter in which the person giving security may be appointed trustee or special manager.

(2) The creditors shall fix the amount and nature of the secu rity and may from time to time, as they think fit, direct the amount to be increased or diminished.

Publishing amending order or notice

326 An order or notice which has been amended or altered after
publication in the Gazette or which has been wrongly or inaccurately published in the Gazette shall be re-published in the Gazette with the appropriate amend ments in the prescribed form, at the expense of the estate.

Annulment of orders to be published

327 (1) Where an order which has been published in the Gazette is an nulled, revoked or rescinded, the Registrar shall forthwith give notice of the order of annulment, revocation or rescission by publishing it in the Gazette.^[93]

(2) The expenses of publishing shall, where the order is an nulled, revoked or rescinded on the application of the Official Receiver or the trustee, be paid out of the estate, and in any other case be paid by the party on whose application the order was made.

Registrars' registers and returns

Registers to be kept by Registrar

328 The Registrar shall keep a register of bankruptcy notices, a register of petitions and a register of receiving orders for such period as the Chief Jus tice may from time to time direct, and shall make entries in the registers forthwith after the step in the proceedings to which they relate.^[94]

Inspection of registers

329 (1) The registers kept by the Registrar shall, on payment of the pre scribed fee, be open to the public for inspection except that the Reg istrar may refuse to allow a person to search the registers if he is not satisfied as to the propriety of the object for which the search is re quired.

(2) If the Registrar refuses to allow a search, the appli cant may apply ex parte without written application or other formality to the Judge in Chambers who may allow or refuse the search on such terms, if any, as he thinks fit.

(3) The decision of the Judge is final.

Returns to Official Receiver.

330 The Registrar shall send to the Official Receiver such extracts from his books and such information and returns as the Official Re ceiver may re quire.

Accounts and audit

Record Book

331 Until a trustee is appointed, the Official Receiver, and thereafter the trustee, shall keep a book to be called the "Record Book" in which he shall record the minutes, proceedings, and resolutions of any meeting of creditors, and of the committee of inspection, and any other matters that may be nec essary to give an accurate record of his administration of the estate except that�

(a) he shall not be bound to insert in the record any docu ment of a confidential nature; and

(b) he may refuse inspection of the document mentioned in subparagraph (a) to any person other than a member of the committee of in spection.

Cash Book

332 Until a trustee is appointed, the Official Receiver, and thereafter the trustee, shall keep a book to be called the "Cash Book", which shall be in such form as the Court may direct, and shall (subject to the pro visions of Rule 333 as to trading accounts) from day to day enter the re ceipts and payments made by him.

Trustee carrying on business

333 (1) Where the trustee carries on the business of the debtor, he shall keep a distinct account of the trading, and shall incorporate in the Cash Book the total weekly amount of the receipts and payments on the trading account.^[95]

(2) The trustee shall, not less than once in every month, verify the trading account by affidavit, and submit it to the committee of in spection or such member thereof as may be appointed by the committee for that purpose, who shall examine and certify the account.

Creditor may obtain copy of trustee's accounts

334 Where a creditor who has proved his debt so requests, the trustee shall, on payment at the rate prescribed in Item 55 Appendix II to these Rules supply him with a copy of the Cash Book accounts or any part thereof relating to the estate up to the date of the request.

Statements of accounts to be furnished to creditors

335 The cost of furnishing and transmitting to creditors a statement of ac counts in pursuance of section 86 of the Act shall be calculated at the rate prescribed in Item 55 Appendix II to these Rules.^[96]

Books to be submitted to committee of inspection

336 The trustee shall submit the Record Book and Cash Book, to gether with any other requisite books and vouchers, to the committee of inspection, if any, when required.

Audit of Cash Book

337 The committee of inspection shall, not less than once every year, audit the Cash Book and certify therein the date of their audit.^[97]

Official Receiver to receive six monthly accounts

338 (1) Subject to the provisions of paragraph (3) the trustee shall, at the expiration of six months from the date of the receiving order, and at the ex piration of every six months thereafter until his release, transmit to the Offi cial Receiver�

(a) a copy in duplicate of the Cash Book for the immedi ately preceding six months, together with all necessary vouchers and copies of certificates of audit by the committee of inspection; or

(b) if no receipts or payments have been made by him dur ing that period, an affidavit to that effect.

(2) The first accounts so transmitted shall be accompa nied by a summary of the debtor's statement of affairs in such form as the Offi cial Receiver may direct, showing in red ink the amounts realised, and explaining the cause of the non-realisation of any assets not realised.

(3) When the estate has been fully realised and dis tributed, or if the adjudication is annulled, the trustee shall forthwith send in his accounts to the Official Receiver.

(4) The accounts sent in by the trustee shall be certified and verified by him.^[98]

Copy of accounts to be filed

339 When the trustee's account has been audited, the Official Re ceiver shall certify thereon that the account has been duly passed, and transmit the du plicate copy bearing a similar certificate to the Registrar, who shall file it with the proceedings.

Accounts of joint and separate estates

340 (1) Where a receiving order has been made against debtors in part nership, distinct accounts shall be kept of the joint estate and of the sepa rate estate or estates.

(2) No transfer of a surplus from a separate estate to the joint estate on the ground that there are no creditors under the separate es tate shall be made until notice of the intention to make the transfer has been published in the Gazette.^[99]

Expenses of sale

341 (1) When property forming part of a debtor's estate is sold by the trustee through an auctioneer or other agent, the gross proceeds of the sale shall be paid over by the auctioneer or agent, and the charges and expenses connected with the sale shall afterwards be paid to the auctioneer or agent on production of the necessary allocatur.

(2) The trustee by whom the auctioneer or agent is em ployed shall be accountable for the proceeds of the sale unless the Court oth erwise orders.

Allowance to debtor

342 Any allowance made by the trustee to the bankrupt out of his property under the provisions of section 60 of the Act, shall, unless the creditors by special resolution otherwise determine, be in money, and the amount al lowed shall be entered in the trustee's accounts.

Unclaimed funds

Mode of payment into Consolidated Fund

343 Before paying any unclaimed funds or dividends into the Con solidated Fund pursuant to section 132 of the Act, the payer shall seek the assistance of the Minister of Finance as to the manner of payment.

Application for payment out

344 An application under section 132 of the Act for payment out of the Con solidated Fund of any sum to which any person claims to be entitled shall be made in such form and manner as the Minister of Fi nance may direct, and shall (unless the Minister dispenses therewith) be
supported by the affidavit of the claimant, and such further evidence as the Minister may require.

Accounts by trustees of unclaimed funds

345 For the purposes of section 132(1) of the Act, the Court or the Official Receiver may at any time order the trustee under a bankruptcy, composition or scheme to submit to it an account, verified by affidavit, of the sums re ceived and paid by him under or in pursuance of the bankruptcy, composi tion or scheme, and may direct and enforce an audit of the account and the payment of any unclaimed or undis tributed sums arising from the property of the debtor into the Consoli dated Fund in accordance with the terms of that subsection.

PART V
JUDGMENT DEBTORS

Fee on receiving order

346 (1) When a receiving order is made under section 100 of the Act in lieu of an order of committal, the creditor shall pay the like fee and deposit as are prescribed on the presentation of bankruptcy peti tion by a creditor.

(2) Where the Court is of opinion that a receiving order ought to be made, and the judgment creditor does not consent, or declines to pay the required fee and deposit, the Court may dismiss the application or adjourn it on such terms, as to costs and otherwise, as may be just.

Receiving order in lieu of committal

347 Where an application to commit is made to the Court and it is of opinion that a receiving order should be made in lieu of committal, the Court may make such order as it deems just.

Orders for summary administration

348 When a receiving order is made under section 100 of the Act and the Court by which the order is made, by affidavit or otherwise, or by the report of the Official Receiver, that the property of the debtor (after deducting any property in the hands of secured creditors, debts enforceable by distraint, the costs of execution under section 44(1) of the Act, and all debts which under the Act are directed to be paid in pri ority to other debts), is not likely to exceed in value twenty thousand dollars may make an order that the debtor's estate be administered in a summary manner under section 117 of the Act.

PART VI
MISCELLANEOUS

Issue of regulations by Chief Justice

349 (1) The Chief Justice may issue general orders or regulations for the purpose of regulating any matters under the Act or these Rules which are of an administrative and not a judicial character.

(2) Any document purporting to be general orders or regula tions made or issued and published by the Chief Justice shall be re ceived in evidence and deemed to be such order or regulations unless the contrary is shown.

Lien on debtor's books

350 No person shall, as against the Official Receiver or the trustee, be enti tled to withhold possession of the books of account belonging to the debtor or to set up any lien thereon.

Disposal of bankrupt's books and papers

351 The Oficial Receiver may direct that the debtor's books of ac count and other documents given up by him may be sold, destroyed, or otherwise dis posed of.

Non-compliance with Rules

352 Non-compliance with any of these Rules, or with any rule of practice, does not render any proceeding void unless the Court so di rects, but the proceeding may be set aside wholly or in part, amended, or otherwise dealt with in such manner and upon such terms as the Court may think fit.

Extension or abridgment of time

353 The Court may, for good cause shown, extend or abridge the time ap pointed by these Rules or fixed by an order of the Court for doing any act or taking any steps in any proceedings.

Rules of Supreme Court not to apply

354 Save as provided by these Rules, the Rules of the Supreme Court shall not apply to any proceedings in bankruptcy.

Repeal

355 The Bankruptcy Rules 1953 are revoked.

APPENDIX I Rules 3(2), 5
FORMS

No. 1 (Rules 8, 270(b))
GENERAL TITLE (SUPREME COURT)

In the Supreme Court of Bermuda

In Bankruptcy. No. [blank] of 19 [blank] .

Re [James Brown].

[Ex parte (here insert "the debtor," or "J.S. a creditor," or "the Official Receiver," or "the Trustee")].

No. 2 (Rule 108)
DECLARATION OF INABILITY TO PAY DEBTS
(Title)

I, A.B. [name and description of debtor], residing at [blank] and [carrying on business at [blank] ], hereby declare that I am unable to pay my debts.

Dated this [blank] day of [blank] 19 [blank].

(Signature)

A.B.

Signed by the debtor in my presence.

Signature of witness.

Address.

Description.

Filed the [blank] day of [blank] 19 [blank].

NOTE�Where the debtor resides at a place other than his place of business both addresses should be inserted.

No. 3 (Rules 117, 118)
Debtor's Petition
(Title)

I, [insert name, address, and description of debtor], of [blank] lately residing at [insert the other address or addresses at which unsatisfied debts or liabilities may have been incurred] [and carrying on business at [blank]] having for the greater part of the past six months resided at [blank] [and carried on business at [blank]] and being unable to pay my debts, hereby petition the Court that a receiving order be made in respect of my estate [and that I may be adjudged bankrupt^[100]].

[See Note below, which is not part of this form].

Dated the [blank] day of [blank] 19 [blank].

(Signature)

Signed by the debtor in my presence.

Signature of witness.

Address.

Description.

Filed the [blank] day of [blank] 19 [blank].

Note�Where the debtor resides at a place other than his place of business both addresses should be inserted.

No. 4 (Rule 110)
REQUEST FOR ISSUE OF BANKRUPTCY NOTICE

In the Supreme Court of Bermuda.

In Bankruptcy.

1 I, [blank], of [blank] in the [blank] of [blank] [being a person residing outside Bermuda exchange control area as defined in the Exchange Control Regulations 1973][delete words in brackets if not applicable] hereby request that a bankruptcy notice be issued by this
Court against [here insert name, description, and address of judgment debtor]

2 The said [blank] has for the greater part of the past six months resided at [blank] [and carried on business at [blank]].

3 I produce an office copy of a final judgment or order against the said [blank] obtained by ["Me", or, as the case may be] in the [blank] Court on the [blank] day of [blank] 19 [blank].

Judgment Creditor.
[Or, "Barrister and Attorney for the judgment creditor]

NOTE�

(i) Where the debtor resides at a place other than his place of business both addresses should be inserted.

(ii) Where the creditor is a person residing outside the Territories as specified in the First Schedule to the Exchange Control Regulations 1973, the form of bankruptcy notice to be used shall be forms 6 and 7.

No. 5 (Rules 109, 111)
BANKRUPTCY NOTICE ON JUDGMENT OR ORDER
OF THE SUPREME COURT
(Title)

To A.B. (or A.B. & Co.) [blank], of [blank]

TAKE NOTICE that within [fourteen^[101]] days after service of this notice on you excluding the day of such service, you must pay to [blank] of [blank] [or to [blank], of [blank] his (or their) agent duly authorised]
[strike out if no agent authorised] the sum of $ [blank] claimed by [insert name of creditor] as being the amount due on a final judgment or order obtained by ["him" or "them"] against you in the Supreme Court of Justice, dated [blank], whereon execution has not been stayed, or you must secure or compound for the said sum to ["his" or "their"] satisfaction [or the satisfaction of his (or their) said agent] [strike out if no agent authorised] or to the satisfaction of this Court; or you must satisfy this Court that you have a counterclaim, set-off, or cross-demand against ["him" or "them"] which equals or exceeds the sum claimed by ["him" or "them"] and which you could not set up in the action or other proceedings in which the judgment or order was obtained.

Dated this [blank] day of [blank] 19 [blank].

By the Court,

Registrar

INDORSEMENT OF NOTICE

You are specially to note:

That the consequences of not complying with the requisitions of this notice are that you will have committed an act of bankruptcy, on which bankruptcy proceedings may be taken against you.

If, however, you have a counterclaim, set-off, or cross-demand which equals or exceeds the amount claimed by [name of creditor] in respect of the judgment or order and which you could not set up in the action or other proceedings in which the said judgment or order was obtained, you must within [blank] days apply to this Court to set aside this notice, by filing with the Registrar an affidavit to the above effect.

[Name and address of barrister and attorney suing out the notice, or "This notice is sued out by [blank] in person."

No. 6
BANKRUPTCY NOTICE FOR USE WHERE PERMISSION OF CONTROLLER HAS NOT BEEN OBTAINED
(Title)

To A.B. (or A.B. & Co.) of

Take notice that whereas C.D. [or C.D. & Co.,] of [blank] a person [or persons] residing outside the Bermuda exchange control area as defined in the Exchange Control Regulations 1973 has [or have] obtained judgment against you for the sum of $ [blank] and whereas permission of the Controller for payment of the said sum by you to him [or them] has not been obtained you must within [fourteen] days after service of this notice on you excluding the day of such service pay into Court in accordance with rules of court the said sum of $ [blank] the amount of the said judgment whereon execution has not been stayed or you must secure or compound for the said sum to his [or their]
satisfaction or the satisfaction of Mr [blank] of [blank] his [or their] duly authorised agent or to the satisfaction of the court in some manner not prohibited in the circumstances set out above by the said Act or you must satisfy this Court that you have a counterclaim, set-off or cross-demand against him [or them] which equals or exceeds the amount claimed by him [or them] which you could not set up in the action or other proceedings in which the judgment [or order] was obtained.

Dated the [blank] day of [blank] 19 [blank].

By the Court,

Registrar

No. 7
BANKRUPTCY NOTICE FOR USE WHEN THE CONTROLLER HAS GRANTED PERMISSION FOR PAYMENT INTO A BLOCKED ACCOUNT
(Title)

To A.B. (or A.B. & Co.) of

Take notice that whereas C.D. [or C.D. & Co.] of [blank] a person [or persons] residing outside the Bermuda exchange control area as defined in the Exchange Control Regulations 1973 has [or have] obtained a final judgment [or order] against you for the sum of $ [blank] and whereas permission of the Controller for payment of the said sum by you to him [or them] has not been obtained but the Controller has directed that the said sum shall be paid to a blocked account and the said C.D. [or C.D. & Co.] has [or have] nominated an account in his [or their] name at the [blank] Bank of [blank] pursuant to Paragraph 6 of the Third Schedule to the said Regulations you must within [fourteen] days after service of this notice on you excluding the day of such service pay the said sum of $ [blank] being the amount of the said judgment [or order] on which execution has not been stayed either into the said blocked account or into Court or you must secure or compound for the said sum to the satisfaction of the said C.D. [or C.D. & Co.] or to the satisfaction of Mr [blank] of [blank] his [or their] duly authorised agent or to the satisfaction of the Court in manner not prohibited by the said Regulations or you must satisfy this Court that you have a counterclaim, set-off or cross-demand against him [or them] which equals or exceeds the amount claimed by him [or them] and which you could not set up in the action or other proceedings in which the judgment [or order] was obtained.

Dated the [blank] day of [blank] 19 [blank].

By the Court,

Registrar

No. 8 (Rule 115)
AFFIDAVIT OF SERVICE OF BANKRUPTCY NOTICE
(Title)

In the matter of a bankruptcy notice, issued [blank]

I, L.M., of [blank] make oath and say�

1 That I [blank] did on [blank] day the [blank] day of [blank] 19 [blank], serve the above-mentioned A.B. [or the partners in the above-mentioned firm of [blank]] with a copy of the above-mentioned notice, duly sealed with the seal of the Court, by delivering the same personally to the said A.B. [or C.D. a partner or E.F. a person having at the time of service the control and management of the partnership business there or of the business carried on under the above-mentioned name or style] at [place] before the hour [blank] in the [blank] noon.

2 A sealed copy of the said notice marked A is hereunto annexed.

Sworn at, etc.

L.M.

NOTE�If the service is effected on one partner on behalf of his firm or on a person having at the time of service the control or management of the partnership business there or of a business carried on by any person in a name or style other than his own, the affidavit must, after the word "at", contain the words "being the principal place of business of the said [blank] ".

(See Rule 253)

No. 9 (Rules 111, 113)
AFFIDAVIT ON APPLICATION TO SET ASIDE
BANKRUPTCY NOTICE
(Title)

I, A.B., of [blank] make oath and say�

1 That I was, on the [blank] day of [blank] 19 [blank], served with the notice hereunto annexed [or, describe the notice]. That I have satisfied the debt claimed by C.D. by [state nature of satisfaction].

OR,

2 That I have a counterclaim [or set-off or cross-demand] for $ [blank] being a sum equal to [or exceeding] the claim of the said C.D., in respect of [here state grounds of counterclaim].

3 That I could not have set up the said counterclaim [or, as the case may be] in the action in which the said judgment or order was obtained against me.

Sworn at, etc.

No. 10 (Rule 116)
ORDERS SETTING ASIDE BANKRUPTCY NOTICE
(Title)

In the matter of a bankruptcy notice issued �

Upon the application of A.B. to set aside this notice, and upon reading the affidavit of A.B. [and upon hearing [blank]], it is ordered that the notice be set aside, and that C.D. [or, as the case may be] pay to A.B. the costs of this matter, to be taxed by the taxing officer unless agreed [or the sum of $ [blank] for costs][and it is declared that no act of bankruptcy has been committed by A.B. under the notice].

Dated the [blank] day of [blank] 19 [blank].

By the Court,

Registrar

Or,
(Title)

In the matter of a bankruptcy notice issued�

Upon the application of A.B. to set aside this notice, and upon reading [blank] and hearing [blank], and upon the said A.B. having entered into a bond in the penal sum of [the amount of the alleged debt and probable costs or such other sum as the Court may direct], with such two sufficient sureties as the Court [or C.D.] has approved [or having deposited in Court the sum of $ [blank] ], as security for the amount claimed by the notice, the condition of the bond [or deposit] being [here insert condition], it is ordered that the notice be set aside [and it is declared that no act of bankruptcy has been committed by A.B. under the notice].

Dated the [blank] day of [blank] 19 [blank].

By the Court,

Registrar

No. 11 (Rules 117, 118)
CREDITOR'S PETITION
(Title)

I, C.D., of [blank] [or we, C.D., of [blank] and E.F., of [blank] ], hereby petition the Court that a receiving order may be made in respect of the estate of A.B. [insert name of debtor] of [insert present address and description of debtor] and lately residing at [or carrying on business at] [insert address or addresses at which the debtor has lately resided or carried on business^[102]] and say�

1 That the said A.B. has for the greater part of six months next preceding the presentation of this petition resided [or carried on business] at

2 That the said A.B. is justly and truly indebted to me [or us] in the aggregate in the sum of $ [blank] [set out amount of debt or debts, and the consideration].

3 That I [or we] do not, nor does any person on my [or our] behalf hold any security on the said debtor's estate, or on any part thereof, for the payment of the said sum.

Or,

That I hold security for the payment of [or part of] the said sum [but that I will give up such security for the benefit of the creditors of A.B. in the event of his being adjudged bankrupt] or [and I estimate the value of such security at the sum of $ [blank] ].

Or,

That I, C.D., one of your petitioners, hold security for the
payment of, etc.

That I, E.F., another of your petitioners, hold security for the payment of, etc.

4 That A.B. within three months before the date of the presentation of this petition has committed the following act [or acts] of bankruptcy, namely [here set out the nature and date or dates of the act or acts of bankruptcy relied on].

Dated the [blank] day of [blank] 19 [blank].

(Signed) C.D.

E.F.

[Signed by the petitioner

in my presence.]

Signature of witness.

Address.

Description.

NOTE�If there be more than one petitioner, and they do not sign together, the signature of each must be separately attested, e.g., "Signed by the petitioner, E.F. in my presence." If the petition be signed by a firm, the partner signing should add also his own signature, e.g., "A.S. & Co. by J.S., a partner in the said firm." If the debtor resides at any place other than the place where he carries on business both addresses should be inserted.

Indorsement

This petition having been presented to the Court on the [blank] day of [blank] 19 [blank], it is ordered that this petition shall be heard at [blank] on the [blank] day of [blank] 19 [blank], at [blank] o'clock in the [blank] 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 in the petition which you intend to deny or dispute, and send by post a copy of the notice to the petitioner and his barrister and attorney, if known, not later than three days before the day fixed for the hearing.

No. 12 (Rule 123)
AFFIDAVIT OF TRUTH OF STATEMENTS IN PETITION
(Title)

I, the petitioner named in the petition hereunto annexed [or, I, [blank] of [blank], being a person having knowledge of the facts to which the petition hereunto relates] make oath and say�

That the several statements in the said petition are to the best of my knowledge, information and belief true.

Sworn at, etc.

C.D.

NOTE�If the petitioner cannot depose that the several statements in the petition are to the best of his knowledge and belief true 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.

No. 13 (Rule 123)
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 [blank] dollars, as stated in the said before-mentioned petition, and that I do not hold any security for the said sum as stated in paragraph 3 of the said petition. [or as otherwise stated in paragraph 3 of the petition]

And I further say that to the best of my knowledge, information and belief�

2 The said A.B. committed the act [or acts] of bankruptcy, stated to have been committed by him in the said before-mentioned petition.

3 That A.B. has for the greater part of the past six months resided (or carried on business) at [blank]

And I the said E.F. say�

4 That A.B. is justly and truly indebted to me in the sum of [blank] dollars as stated in the said before-mentioned petition, and that I
do not hold any security for the said sum as stated in paragraph 3 of the said petition. [or as otherwise stated in paragraph 3 of the petition]

And I the said G.H. say�

5 That A.B. is, etc.

C.D.

E.F.

G.H.

Sworn by the deponents C.D., E.F.,
and G.H., etc.

See note to Form 12

No. 14 (Rule 130)
APPLICATION FOR INTERIM RECEIVER
(Title)

I, C.D. of [blank], do, on the grounds set forth in the annexed affidavit, apply to the Court to appoint the Official Receiver of this Court as Interim Receiver of the property of the said A.B., and [here insert any special directions to the receiver that may be desired].

Dated the [blank] day of [blank] 19 [blank].

(Signed) C.D.

No. 15 (Rule 130)
ORDER APPOINTING INTERIM RECEIVER
(Title)

Upon reading this application and the affidavit therein referred to, and hearing [blank], it is ordered that upon a deposit of $ [blank] being lodged by the applicant, Mr. C.D. the Official Receiver be constituted Interim Receiver of the property of the said A.B. [here insert nature, short description and locality of the property and special directions, if any].

Dated the [blank] day of [blank] 19 [blank].

By the Court,

Registrar

No. 16 (Rules 25, 128)
AFFIDAVIT OF SERVICE
(Title)

In the matter of [blank][state nature of document served] dated [blank]

I, L.M., of [blank], make oath and say�

1 That I did, on [blank] day the [blank] day of [blank] 19[blank], serve the above-mentioned A.B. [or the partners in the above-mentioned firm of [blank]] with a copy of the above-mentioned [blank],[state nature of document served] 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 [blank] in the [blank] noon.

2 A sealed copy of the said [blank][state nature of document served] is hereunto annexed.

Sworn at, etc.

L.M.

NOTE�If the service is effected on one partner on behalf of his firm or on a person having at the time of service the control and management of the partnership business there or of a business carried on by any person in a name or style other than his own, the affidavit must, after the word "at" contain the words "being the principal place of business of the said [blank]."

(See Rule 253)

No. 17 (Rules 115, 127)
SUBSTITUTED SERVICE OF PETITION OR BANKRUPTCY NOTICE
NOTICE IN GAZETTE

In the Supreme Court of Bermuda.

In Bankruptcy.

In the matter of a bankruptcy petition filed the [blank] day of [blank] 19[blank]. [or in the matter of a bankruptcy notice issued on the [blank] day of [blank] 19 [blank]].

To: A.B.

Take notice that a bankruptcy petition has been presented [or a bankruptcy notice has been issued] against you in this Court by [blank] of [blank] and the Court has ordered that the sending of a sealed copy of the petition [or bankruptcy notice] together with a sealed copy of the Order for substituted service by registered post addressed to [blank] and/or the publication of this notice in the Gazette and/or in the [blank] newspaper [following the terms of the Order for substituted service] shall be deemed to be service of the petition [or bankruptcy notice] upon you; [add this in case of a Petition.] and further take notice that the said petition will be heard at this Court on the [blank] day of [blank] at [blank] o'clock in the [blank] noon, on which day you are required to appear, and if you do not appear the Court may make a receiving order against you in your absence.

The petition [or bankruptcy notice] can be inspected by you on application at this Court.

Dated this [blank] day of [blank] 19 [blank].

Registrar

No. 18 (Rules 115, 127)
ORDER FOR SUBSTITUTED SERVICE OF A PETITION OR BANKRUPTCY NOTICE
(Title)

In the matter of a bankruptcy petition filed the [blank] day of [blank] [or In the matter of a bankruptcy notice issued on the [blank] day of [blank] 19 [blank]]

Upon the application of [blank] and upon reading the affidavit of [blank] of [blank] in the [blank] of [blank]

It is ordered that the sending of a sealed copy of the above-mentioned petition [or bankruptcy notice] together with a sealed copy of this order by registered post addressed to [blank] at [blank] and/or by publication in the Gazette and/or in the [blank] newspaper [of the presentation of such petition and the time and place fixed for hearing the petition] or [of the issuing of such bankruptcy notice] shall be deemed to be good and sufficient service of the said petition [or bankruptcy notice] on the said [blank] on the [blank] day of completing such posting or publication as aforesaid.

Given under the seal of the Court this [blank] day of [blank] 19 [blank].

By the Court,

Registrar

No. 19 (Rule 138)
NOTICE BY DEBTOR OF INTENTION TO OPPOSE PETITION
(Title)

In the matter of a bankruptcy petition presented against me on the [blank] day of [blank] 19 [blank] by C.D. of [blank] [or and E.F. of [blank] G.H. of [blank] etc.]

I, the above A.B., do hereby give you notice that I intend to oppose the making of a receiving order as prayed, and that I intend to dispute the petitioning creditor's debt [or the act of bankruptcy, or to contend that, [blank] or as the case may be].

Dated this [blank] day of [blank] 19 [blank].

To [blank] C.D., of [blank]

and to [blank], A.B.

and to the Registrar of the Court.

No. 20 (Section 7(5) of the Act)
ORDER TO STAY PROCEEDINGS ON PETITION
(Title)

In the matter of a bankruptcy petition against A.B. [blank] of [blank]

Upon the hearing of this petition this day, and the said A.B. appearing and denying that he is indebted to the petitioner [where petition presented by more than one creditor, add the name of the creditor whose debt is denied] in the sum stated in the petition [or alleging that he is indebted to the petitioner in a sum of less amount than five thousand dollars],[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 [blank] 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 two sufficient sureties as the Court shall approve of to pay [or
deposit with the Registrar the sum of $ [blank] 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 proceedings taken or continued by him against the said A.B., together with such costs as shall be given by the Court in which the proceedings are had.

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 in which the proceedings shall be taken shall have come to a decision thereon.

Dated this [blank] day of [blank] 19 [blank].

By the Court,

Registrar

No. 21 (Rule 28)
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 [blank] 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 [blank] day of [blank] one thousand nine hundred and [blank]

Whereas a bankruptcy petition against the said A.B. having been presented to the Supreme 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 [blank] 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 twenty-one days from the date hereof in any competent Court by the said L.M. for the payment of the debt claimed by him in the said petition, together with such costs as shall be given to the said L.M. by such Court [or whatever the condition of the bond is] this obligation shall be void, other wise 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 [blank]
in the presence of [blank]

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.

No. 22 (Rule 33)
NOTICE OF SURETIES
(Title)

In the matter of a bankruptcy petition [or In the matter of a bankruptcy notice by C.D.] of [blank]

Take notice that the sureties whom I propose as my security in the above matter [here state the proceedings which has rendered the sureties necessary] are [here state the full names and descriptions of the sureties, and their residences for the last six months, therein mentioning the parish or city, places, streets, and numbers, if any].

Dated this [blank] day of [blank] 19 [blank].

A.B.

To the Registrar of the Court
and to L.M. of [blank]

No. 23 (Rule 34)
AFFIDAVIT OF JUSTIFICATION
(Title)

In the matter of a bankruptcy petition against A.B. of [blank] [or In the matter of a bankruptcy notice by L.M. against A.B. of [blank] ].

I, E.F., of [blank], one of the sureties for [blank] make oath and say�

1 That I am a householder [or, as the case may be], residing [blank] [describing particularly the parish or city, the street or place, and the number of the house, if any].

2 That I am worth property to the amount of $ [blank] [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 proceeding, 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 in the sum of $ [blank]; for G.H., at the suit of I.K., in the Court in the sum of $ [blank] [specifying the several actions with the Courts in which they are brought and the sums in which he has become bound].

4 That my property, to the amount of the said sum of $ [blank] [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 [blank] carried on by me at [blank] of the value of $ [blank], of good book debts owing to me to the amount of $ [blank], of furniture in my house at [blank] of the value of $ [blank], of a freehold [or leasehold] farm of the value of $ [blank], situate at [blank] occupied by [blank], or of a dwelling house of the value of $ [blank] situate at [blank], occupied by [blank], or of other property, particularising each description of property, with the value thereof].

5 That I have for the last six months resided at [blank] [describing the place of such residence, or if he has had more than one residence during that period, state it in the same manner as above directed].

Sworn at, etc.

E.F.

No. 24 (Rule 144)
ADJOURNMENT OF PETITION
(Title)

Upon the hearing of the petition this day, and hearing [blank] for the petitioner and [blank] for the debtor, and reading [blank] it is ordered that on account of [here insert reason for adjournment] the further hearing of this petition be adjourned until the [blank] day of [blank] 19 [blank], at [blank] o'clock in the [blank] noon.

Dated the [blank] day of [blank] 19 [blank].

By the Court,

Registrar

No. 25 (Section 7(6) of the Act)
DISMISSAL OF PETITION UPON WHICH PROCEEDINGS
ARE STAYED WHERE A RECEIVING ORDER HAS BEEN MADE
ON A SUBSEQUENT PETITION
(Title)

Whereas a receiving order has been made against A.B. upon a petition presented to this Court by O.P. of [blank], it is ordered that the bankruptcy petition against the said A.B., presented to this Court by C.D. of [blank], the proceedings on which were stayed by order of Court of the [blank] day of [blank] 19 [blank], be dismissed [add terms if any].

Dated this [blank] day of [blank] 19 [blank].

By the Court,

Registrar

No. 26 (Section 11 of the Act)
ORDER RESTRAINING ACTION, ETC., BEFORE RECEIVING ORDER
(Title)

Upon the application of [blank] and upon reading [blank] it is ordered that L.M. of [blank] 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 Court in which proceedings are] or it is ordered that the proceedings in the action [or suit] brought by him against the said A.B. in [here state the Court in which proceedings are] may be proceeded with on [here insert the terms fixed by the Court].

Dated this [blank] day of [blank] 19 [blank].

By the Court,

Registrar

No. 27 (Rule 17)
ORDER OF TRANSFER OF PROCEEDINGS
(Title)

Upon the application of A.B. and upon reading [blank] and hearing [blank], and it appearing to the Court that [state here special reason or reasons why order is made], and that the proceedings in the above matter should be transferred from [blank] to [blank] [or, as the case may be].

It is hereby ordered that the said proceedings in the above-named matter be transferred from[blank].

Dated this [blank] day of [blank] 19 [blank].

By the Court,

Registrar

No. 28 (Rule 18)
NOTICE TO THE OFFICIAL RECEIVER OF TRANSFER OF PROCEEDINGS
(Title)

The proceedings in the above matter have been this day transferred to [blank] from [blank] and have had the above distinctive number allotted to them. The distinctive number before transfer was No. [blank] of 19 [blank .

[add this in cases where a consolidation of proceedings has been directed.] The proceedings have been consolidated with those in the following matter, viz.�

and will be treated under the same distinctive number, viz. No. [blank] of 19 [blank].

Dated this [blank] day of [blank] 19 [blank].

Registrar

No. 29 (Rules 135, 146(2) and (3))
RECEIVING ORDER ON DEBTOR'S PETITION
(Title)

On the petition of the debtor himself, filed the [blank] day of [blank] 19 [blank], and numbered [blank] of 19 [blank], a receiving order is hereby made against A.B. [insert name, addresses, and descriptions of debtor as set out in petition], and the Official Receiver is hereby constituted receiver of the estate of the said debtor.

Dated [blank] o'clock in the [blank] noon, this [blank] day of [blank] 19[blank].

By the Court,

Registrar

NOTE�The above-named debtor is required immediately after the service of this order upon him to attend the Official Receiver at his office at [insert the place at which the debtor is to attend on the Official Receiver.]

The Official Receiver's office is open (except on holidays) every week day from [blank] a.m. to [blank] p.m. except [blank] days when they close at [blank] p.m.

Indorsement on Order

The name and address of barrister and attorney (if any) to the debtor are [insert name and address].

No. 30 (Rule 146)
RECEIVING ORDER ON CREDITOR'S PETITION
(Title)

On the petition (dated the [blank] day of [blank] 19 [blank], and numbered [blank] of 19 [blank]) of J.S., of [blank] a creditor filed the [insert date], and on reading [blank]and hearing [blank] and it appearing to the Court that the following act or acts of bankruptcy has or have been committed, viz�

[set out the nature and date or dates of the act or acts of bankruptcy on which the Order is made.]

A receiving order is hereby made against A.B. [insert name, addresses, and descriptions of debtor as set out in petition] and the Official Receiver is hereby constituted receiver of the estate of the said debtor.

Dated [blank] o'clock in the [blank] noon, this [blank] day of [blank] 19[blank].

By the Court,

Registrar

NOTE� The above-named debtor is required immediately after the service of this order upon him to attend the Official Receiver at his office at [insert the place at which the debtor is to attend on the Official Receiver.]

The Official Receiver's office is open (except on holidays) every week day from [blank] a.m. to [blank] p.m. except [blank] days when they close at [blank] p.m.

Indorsement on Order

The name and address of barrister and attorney to the petition creditor are [insert name and address].

No. 31 (Rule 146)
RECEIVING ORDER UNDER SECTION 100 OF THE ACT

The Bankruptcy Act 1989 and the Debtors Act 1973

In the

[by transfer from [blank]]

In the matter of [blank], a debtor.

Whereas an order was made against the above-named debtor on the [blank] day of [blank] for the payment of his debts in full [or by instalments of [blank]].

And whereas the debtor has made default in payment of $ [blank] payable in pursuance of the said order.

Now upon reading the consent of the judgment creditor that a receiving order shall be made against the debtor in lieu of an order for commitment to prison, and the prescribed fees having been paid

It is ordered that a receiving order be made against the debtor in lieu of an order of commitment to prison, and a receiving order is hereby made against the debtor, and the Official Receiver is hereby constituted receiver of the estate of the said debtor.

Dated this [blank] day of [blank] 19 [blank].

By the Court,

Registrar

NOTE�The above-named debtor is required immediately after the service of this order upon him to attend the Official Receiver at his office at [blank]

The Official Receiver's office is open (except on holidays) every week day from [blank] a.m. to [blank] p.m. except [blank] days when they close at [blank] p.m.

Indorsement

The name and address of barrister and attorney to the judgment creditor are [blank]

No. 32 (Rule 148)
NOTICE OF RECEIVING ORDER, ETC. (FOR LOCAL PAPER)
(Title)

Receiving Order made .........................

Date of adjudication (if any) ................

Date and place of first meeting.............

Date of public examination..................

NOTE�All debts due to the estate should be paid to me

Official Receiver

(Address)

Dated this [blank] day of [blank] 19 [blank].

No. 33 (Rule 148)
NOTICE OF RECEIVING ORDER, ETC. IN SUMMARY CASES (FOR LOCAL PAPER)

In Bankruptcy.

Re A.B., of [insert here, as concisely as possible, name, address, and description of debtor, and add name of Court, and No. of proceeding.]

Receiving order made

Date of order for summary administration............................................

Date of adjudication (if any)

Date and place of first meeting

Date of public examination

NOTE�All debts due to the estate should be paid to me.

Official Receiver

(Address)

Dated [blank] 19 [blank].

No. 34 (Rule 155)
STATEMENT OF AFFAIRS
(Title)

To the Debtor,

You are required to fill up, carefully and accurately, this sheet, and such of the several sheets A, B, C, D, E, F, G, H, I, J, and K⁽¹⁾, as are applicable showing the state of your affairs on the day on which the Receiving Order was made against you, viz: the [blank] day of [blank] 19[blank]. Such sheets when filled up will constitute your Statement of Affairs, and must be verified by oath or declaration.

⁽¹⁾ Sheet "l" should be substituted for any one or more of such of the sheets named as will have to be returned blank.

Gross Li abil ities	Liabilities (as stated and estimated by Debtor)		Ex pected to rank	Assets (as stated and estimated by Debtor)	Esti mated to produce
$	Unsecured creditors as per list (A)		$		$
		$		Property as per list (H), viz:�
	Creditors fully secured as per list (B)			(a) Cash at Bankers
	Estimated value of securities			(b) Cash in hand
	Surplus

Bermuda Consolidated Legislation

Bankruptcy Rules 1989