Commencement
Rules of the Superior Courts
Order: 76
Bankruptcy : S.I. No. 120 of 2012
S.I. No. 307 Of 2013: Rules Of The Superior Courts (Lugano Convention, Maintenance And Service)2013
S.I. No. 461 Of 2013: Rules Of The Superior Courts (Bankruptcy) 2013
S.I. No. 600 Of 2014: Rules Of The Superior Courts (Order 76) 2014
S.I. No. 232 Of 2016: Rules Of The Superior Courts (Bankruptcy) 2016
Index:
I. Preliminary
II. Proceedings generally
III. Bankruptcy summons
IV. Security
V. Declaration of insolvency
VI. Bankruptcy petition
A. Bankruptcy petition by a person other than the debtor (including petition to open territorial proceedings under the Insolvency Regulation)
B. Bankruptcy petition by a debtor
C. General
VII. Adjudication in bankruptcy
VIII. Motions and practice
IX. Proceedings by charge and discharge
X. Sale of property
XI. Discovery
XII. Persons under disability
XIII. Sittings, Advertisements and proof of debt
XIV. Authority to vote
XV. Evidence
XVI. Execution
XVII. Absconding debtor
XVIII.Bankrupt’s remuneration and superannuation
XIX. The bankrupt’s statement of affairs
XX. Creditor’s assignee
XXI. Composition after bankruptcy
XXII. Arrangements under the control of the court
XXIII. Consent of surety
XXIV. Winding up by a trustee
A. General
B. Change from official assignee to trustee
C. Proof of debts
D. Regulations as to trustee
E. The committee of inspection
XXV. Estates of persons dying insolvent
XXVI. Distribution of estate
XXVII. Official Assignee
XXVIII. Unclaimed Dividend Account
XXIX. Records
XXX. Discharge and Annulment
XXXI. Costs
XXXII. General
BANKRUPTCY
I. Preliminary
1. (1) In this Order and in the forms in Appendix O:—
“the Act” means the Bankruptcy Act 1988;
“the Bank” means the Central Bank of Ireland;
“centre of main interests” shall be construed in accordance with the Insolvency Regulation;
“committee of inspection” means the committee of inspection appointed for the purpose of winding up the estate of a bankrupt in accordance with section 110 of the Act where so appointed;
“the Court” means the Judge to whom causes and matters in Bankruptcy are for the time being assigned by the President of the High Court and includes any other Judge for the time being so assigned and acting in any such matters;
“Court file” means the file kept by the proper officer;
“debt proved” includes any debt which has been duly admitted without proof;
“document” includes a book, paper or writing of any kind, and any matter stored by way of microfilm or electronic or digital information systems and capable of being reproduced in a legible form;
“establishment” has the meaning assigned by Article 2(h) of the Insolvency Regulation;
“form” means the appropriate form in Appendix O or such other form as is from time to time prescribed or sanctioned by the Court in cases where no form has been prescribed;
“insolvency proceedings” means the collective proceedings set out in Article 1 of the Insolvency Regulation and
(a) in relation to the State, set out in Annex A to the Insolvency Regulation under the heading “Ireland”, and
(b) in relation to another Member State, set out in Annex A to the Insolvency Regulation under the heading relating to that Member State;
“the Insolvency Regulation” means Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L160/1 of 30 June 2000);
“the Judge” means the Judge to whom causes and matters in Bankruptcy are for the time being assigned by the President of the High Court and includes any other Judge for the time being so assigned and acting in any such matters;
“liquidator in main proceedings” means a person performing, in relation to a debtor, functions described in Article 2(b) of the Insolvency Regulation in main proceedings opened in a Member State other than the State;
“main proceedings” means proceedings opened in accordance with Article 3(1) of the Insolvency Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the Insolvency Regulation and
(a) in relation to the State, set out in Annex A to the Insolvency Regulation under the heading “Ireland”, and
(b) in relation to another Member State, set out in Annex A to the Insolvency Regulation under the heading relating to that Member State;
“Member State” means a member state of the European Union other than the Kingdom of Denmark;
“the Official Assignee” means the Official Assignee in Bankruptcy for the time being;
“proper office” means the Examiner’s Office;
“proper officer” means the Examiner or such other officer as may have been designated by the President of the High Court to exercise the powers and functions of the Examiner;
“the 2010 Regulations” means the European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. No. 281 of 2010);
“secondary proceedings” means proceedings opened in accordance with Articles 3(2) and 3(3) of the Insolvency Regulation and falling within the definition of insolvency proceedings in Article 2(c) of the Insolvency Regulation and
(a) in relation to the State, set out in Annex B to the Insolvency Regulation under the heading “Ireland”, and
(b) in relation to another Member State, set out in Annex B to the Insolvency Regulation under the heading relating to that Member State;
“the sitting for distribution” means the sitting of the Court held or to be held in pursuance of section 82(2) of the Act;
“the statutory sitting” means the sitting of the Court held or to be held in pursuance of section 17(3) of the Act;
“territorial proceedings” means proceedings opened in accordance with Article 3(2) and 3(4) of the Insolvency Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the Insolvency Regulation and
(a) in relation to the State, set out in Annex A to the Insolvency Regulation under the heading “Ireland”, and
(b) in relation to another Member State, set out in Annex A to the Insolvency Regulation under the heading relating to that Member State;
“trustee” means the trustee appointed for the purpose of winding up the estate of a bankrupt in accordance with section 110 of the Act where so appointed;
(2) In rules 20-23 inclusive, 25, 29, 36, 38, 69, 102, 105, 123 to 125 inclusive, 136 to 138 inclusive and 155 a reference to a “creditor” shall, where relevant, include reference to a liquidator in main proceedings.
(3) In any case in which main proceedings or secondary proceedings have been opened in a Member State other than the State, the Official Assignee shall, where such document may be relevant to the main proceedings or secondary proceedings concerned, immediately send a copy of every petition, notice, report, affidavit or other document in the proceedings in the State in respect of the debtor to the liquidator in the main proceedings or secondary proceedings by electronic mail or facsimile where possible or otherwise by registered prepaid post, in accordance with and for the purposes of Article 31 of the Insolvency Regulation.
II. Proceedings Generally
2. Proceedings in matters of bankruptcy or arrangement, proceedings under Part VI of the Act and proceedings under the Insolvency Regulation in matters of bankruptcy shall be entitled:
“THE HIGH COURT BANKRUPTCY”.
3. The prescribed forms shall be used in all such proceedings.
4. All such proceedings (except notices to creditors) shall be written or printed or partly written and partly printed on paper measuring 210 millimetres by 297 millimetres or thereabouts, with a binding margin 45 millimetres wide; but no objection shall be allowed to any proof of debt or proxy on account of its being written or printed on paper of any other size.
5. The proper officer shall cause to be opened in each matter a Court file on which all proceedings in the matter shall be placed and recorded so as to form a complete record of the matter and they shall not be removed from such file for any purpose without a special direction of the Court or the proper officer.
6. Every document or proceeding to be signed by the Court shall be first examined or signed by the proper officer.
7. All summonses, orders, warrants, certificates and other process issued by the Court shall be sealed and signed by the proper officer and shall be taken up from the proper officer.
8. In lieu of attaching a copy of Iris Oifigiúil to the proceedings in each bankruptcy or other matter, one copy of every Iris Oifigiúil shall be filed and preserved by the proper officer.
9. All notices and other proceedings for the delivery of which no special mode is prescribed may be sent by prepaid ordinary post to the last known address of the person to be served therewith.
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III. Bankruptcy Summons
10. A bankruptcy summons shall be in the Form No. 1 and shall:
(a) require the debtor, within fourteen days after the service of the summons upon him, to pay the debt to the creditor or to secure the payment of the debt to the satisfaction of the creditor or to compound the debt to the satisfaction of the creditor, and
(b) state that in the event of the debtor failing to pay the sum specified in the summons or to secure or compound for it to the satisfaction of the creditor such default shall be an act of bankruptcy.
11. (1) A creditor desirous that a bankruptcy summons may be granted shall, not earlier than four clear days after he shall have served a notice in the Form No. 4, file in the proper office a copy of such notice, together with an affidavit in the Form No. 5 of the truth of his debt made by himself or by any other person who can swear positively to the facts verifying the truth of his debt, and that no form of execution has issued in respect of such debt and remains to be proceeded upon, and shall lodge with the proper officer any bills, notes, guarantees, contracts, judgments or orders referred to in his affidavit together with the summons which it is proposed to issue.
(2) Where a debt of any part thereof is for money lent pursuant to a credit agreement to which either the Consumer Credit Act 1995 applies or the 2010 Regulations apply, or interest or charges in connection with such an agreement, the affidavit shall contain:
(a) a statement of the date when a copy of the credit agreement was handed, delivered or sent to the borrower in accordance with section 30 of the Consumer Credit Act 1995 or, as the case may be, received by the borrower in accordance with Regulation 13(2) of the 2010 Regulations, and
(b) particulars showing compliance of the credit agreement as to content with the requirements of Part III of the Consumer Credit Act 1995 or, as the case may be, Part 4 of the 2010 Regulations, which particulars shall be verified by the affidavit.
(3) A creditor who has complied with the requirements of sub-rules (1) and (2) shall apply ex parte to the Court for the grant of a Bankruptcy Summons at such time and place as shall have been fixed for the hearing of the application.
12. (1) A bankruptcy summons may be granted in accordance with section 8(2) of the Act to two or more creditors who are not partners, upon the affidavits of each of them.
(2) A bankruptcy summons may be granted to a partnership upon the affidavit of one of the partners.
(3) A bankruptcy summons may be granted to a company or other body corporate upon the affidavit of the secretary, director or other person duly authorised in that behalf.
(4) Detailed particulars of demand shall be endorsed upon or annexed to the bankruptcy summons. No objection shall be allowed to the particulars unless the Court considers that the debtor has been misled by them. An original and at least two copies of every bankruptcy summons and particulars shall be lodged with the proper officer at the time of issue, and shall be sealed.
13. (1) Every bankruptcy summons shall be endorsed with the name and registered place of business of the solicitor for the summoning creditor. If no solicitor is employed for the purpose, it shall bear an endorsement stating that it has been granted to the creditor in person, together with his residence and an address within the jurisdiction at which a notice to dismiss the summons or any other notice or proceeding in the matter may be served.
(2) There shall be endorsed on the summons in addition to an intimation of the consequences of neglect to comply with the requisition of the summons, a notice to the debtor that if he disputes the debt and desires to obtain the dismissal of the summons he must file an affidavit within fourteen days after service of the summons stating (a) that he is not so indebted or only so indebted to a less amount than €1,904.61 or (b) that before the service of the summons he had obtained the protection of the Court or (c) that he has secured or compounded the debt to the satisfaction of the creditor.
(3) Where the summoning creditor is ordinarily resident outside the jurisdiction or, being a company or other body corporate, has its registered office or principal place of business outside the jurisdiction, there shall be endorsed on the front of the bankruptcy summons an address within the jurisdiction at which payment can be made.
14. (1) A bankruptcy summons shall be personally served within twenty-eight days from the date of the summons by delivering to the debtor a sealed copy of the summons with endorsed or annexed particulars of demand together with a true copy of the affidavit filed in accordance with rule 11. If personal service within the time limit cannot be effected, the Court may grant extension of the time for such service. If the Court is satisfied by affidavit that the debtor is evading service or that from any other cause prompt personal service cannot be effected, it may order service to be effected in the manner permitted by Order 9, rule 2 as if the debtor were a defendant, or make such order for substituted or other service, or for the substitution for service of notice by letter, public advertisement (in the Form No. 8), or otherwise, as may be just.
(2) The person serving a bankruptcy summons shall, within three days at most after service, endorse on the summons the day and date of the service thereof, and every affidavit of service of such summons shall mention the date on which such endorsement was made. Such affidavit shall be in the Form No. 3.
15. The affidavit mentioned in sub-rule (2) of rule 13 shall be in the Form No. 6. Where a debtor files such affidavit, the time shall be fixed by the proper officer at which the application for the dismissal of the summons will be heard by the Court. Notice thereof in the Form No. 7 shall be given and the affidavit served by the debtor, not less than four days before the date so fixed, by service of the notice and the affidavit on the solicitor for the summoning creditor at his registered place of business or, if no solicitor is employed, by service on the summoning creditor at the address within the jurisdiction for the service of notices. In default of the debtor giving notice or in default of his appearance before the Court at the time fixed his application shall be dismissed.
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IV. Security
16. (1) Where a person is required to give security, such security, unless otherwise specially directed by the Court, shall be in the form of a bond with one or more sureties.
(2) The bond shall be taken in such sum as the Court shall fix having regard to the amount in issue and the probable cost of the proceeding.
(3) Where a person is required to give security he may in lieu of entering into a bond lodge in Court to the credit of the matter such sum as the Court shall fix. Notice of such lodgment having been made shall be given forthwith to the person entitled to the security. Money so lodged shall be subject to the order of the Court and shall be drawn out by the draft of the Official Assignee, but every such draft shall be signed also by the Judge.
(4) The security of a guarantee association or society approved of by the Court may be given in lieu of a bond or a lodgment.
(5) In all cases where a person proposes to give a bond by way of security he shall serve two clear days previously on the solicitor for the person to be secured, or on such person when no solicitor has been employed, notice of the proposed sureties and of the time and place appointed for the execution of the bond according to the prescribed form.
(6) The sureties shall make an affidavit of their sufficiency according to the prescribed form unless the person to be secured shall dispense with such affidavit, and such sureties shall attend the Court to be cross-examined if required.
(7) The bond shall be executed and attested in the presence of the Official Assignee unless otherwise directed by the Court.
V. Declaration of insolvency
17. Any debtor may file a declaration of his insolvency in the Form No. 9 and such declaration shall be signed by the debtor in the presence of a solicitor, who shall inform such debtor of the nature and effect thereof and shall subscribe his name as witness to the due execution thereof, and file an affidavit in the Form No. 10, verifying such declaration of insolvency.
18. A petition of bankruptcy filed by any debtor shall be deemed to include a declaration of insolvency, and no such declaration shall in such case be necessary.
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VI. Bankruptcy petition
A. Bankruptcy Petition by a person other than the Debtor (including petition to open territorial proceedings under the Insolvency Regulation)
19. (1) A petition by a person other than the debtor shall be in the Form No. 11 and shall:
(a) contain a statement showing the nature and amount of the debt and showing that the debt has not been paid, secured or compounded;
(b) recite the specific act of bankruptcy on which the petition is founded;
(c) contain an undertaking by the petitioner to advertise notice of the adjudication and statutory sitting in the manner directed by the Court, and to bear the expenses of such advertisement;
(d) contain:
(i) statements that the Insolvency Regulation applies to the proceedings and that the debtor’s centre of main interests is situated in the State and the facts and grounds supporting each statement; or
(ii) statements that the Insolvency Regulation applies to the proceedings, that the debtor’s centre of main interests is situated in another specified Member State and that the debtor has an establishment within the State and the facts and grounds supporting each statement; or
(iii) a statement that the Insolvency Regulation does not apply to the proceedings, and in such case, shall contain a statement that the debtor is domiciled in the State or that, within a year before the date of the presentation of the petition, he has ordinarily resided or had a dwellinghouse or place of business in the State, or that he has carried on business in the State personally or by means of an agent or manager, or that he is or within the said period has been a member of a partnership which has carried on business in the State by means of a partner, agent or manager and the facts and grounds supporting that statement;
(e) where the Insolvency Regulation applies to the proceedings, contain a statement that, to the petitioner’s knowledge, no insolvency proceedings have been opened in respect of the debtor in any Member State or Member States (other than the State), or that such insolvency proceedings have been opened and if so, whether those insolvency proceedings are main proceedings, secondary proceedings or territorial proceedings;
(f) contain an indemnity on the part of the petitioner, indemnifying the Official Assignee as to the Official Assignee’s costs, fees and expenses allowed by the Court up to and including the statutory sitting and as to such further costs, fees and expenses of the Official Assignee as the Court may upon the application of the Official Assignee direct, and
(g) contain notice of the date for the hearing of the petition.
(2) Where main insolvency proceedings have been opened in respect of the debtor in another Member State, paragraphs (a) and (b) of sub-rule (1) shall not apply to a petition by the liquidator in the main proceedings for the opening of secondary proceedings in respect of the debtor in accordance with Article 29 of the Insolvency Regulation.
(3) Where insolvency proceedings have been opened in another Member State, the affidavit verifying the petition shall exhibit a certified copy of the original decision appointing the liquidator or any other certificate of the court having jurisdiction (as referred to in Article 19 of the Insolvency Regulation) and if such decision or certificate is not in one of the official languages of the State, a translation of that decision or certificate into the Irish or the English language certified by a person competent and qualified for the purpose.
(4) The petition shall be verified by affidavit, which may be endorsed on the petition, and which shall verify each fact relied on in support of the statement made for the purposes of sub-rule (1)(d).
19A. (1) This rule applies only where, in the petitioning creditor’s belief, the centre of the debtor’s main interests is situated within the territory of a Member State other than the State.
(2) In a case to which this rule applies, the petition shall also:
(i) identify the place within the State where, in the petitioning creditor’s belief, the debtor has an establishment and the facts and grounds supporting that statement;
(ii) where main proceedings have not been opened in another Member State, contain a statement as to which of the conditions referred to in Article 3(4)(a) or Article 3(4)(b) of the Insolvency Regulation is met and the facts and grounds supporting that statement.
(3) The affidavit verifying the petition shall verify each fact relied on in support of each statement made for the purposes of sub-rule (2).
20. (1) A petition by a person other than the debtor shall be signed by the petitioner or, if more than one, by all the petitioners, unless the petitioners are partners, in which case one partner may sign on behalf of himself and the other partners. Any petitioner may sign the petition by his attorney duly authorised by power of attorney in that behalf.
(2) A petition by a creditor limited company or body corporate shall be sealed with the seal of the company or body corporate and signed by two directors or by one director and the secretary. Such seal and signature shall in all cases be attested.
21. On the presentation of a petition by a creditor, the petitioning creditor shall file in the proper office an affidavit in the Form No. 12 proving his debt and the act of bankruptcy, provided that when a debt or any part thereof is in respect of money lent by a credit agreement to which either the Consumer Credit Act 1995 applies or the 2010 Regulations apply or interest or charges in connection therewith, the affidavit shall incorporate a statement showing in detail particulars showing compliance of the credit agreement as to content with the requirements of Part III of the Consumer Credit Act 1995 or, as the case may be, Part 4 of the 2010 Regulations, and provided also that where the act of bankruptcy relied on is non-compliance with a bankruptcy summons, it shall also incorporate a statement that the debt has not been secured or compounded.
22. Where a petitioning creditor is not known to the proper officer or a petition is not signed by a solicitor in addition to being signed by the petitioning creditor, it shall not be filed until the petitioner shall be identified to the satisfaction of the proper officer.
23. In all cases the petitioning creditor shall indemnify the Official Assignee against any costs, fees and expenses incurred by him and allowed by the Court up to and including the statutory sitting and against such further costs, fees and expenses as to the Court may, upon the application of the Official Assignee, on notice to the petitioning creditor, direct.
24. The proper officer shall appoint the time at which the petition is to be heard. Notice of the time so appointed shall be written on the petition and sealed copy thereof. A sealed copy of the petition shall be taken out by the petitioner or his solicitor and may be used as if it were an original.
25. Every petition by a person other than the debtor shall be served, not less than seven days before the hearing of the petition, by delivering to the debtor personally a copy of such petition and by showing to the debtor at the time of such service the sealed original, or shall be served in such substituted manner as the Court may direct. The petitioner shall file in the proper office an affidavit of service of the petition not later than two clear days before the hearing.
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B.
Bankruptcy Petition by a Debtor
26. (1) A debtor’s petition shall be in the Form No. 13 and shall:
(a) contain an undertaking by the debtor to attend in person at the statutory sitting;
(b) contain an undertaking by the debtor to advertise notice of the adjudication and statutory sitting in the manner directed by the Court and to bear the expenses of such advertisement;
(c) contain an undertaking by the debtor to lodge such sums, if any, as the Court may from time to time direct to cover the costs, fees and expenses incurred or to be incurred by the Official Assignee;
(d) contain:
(i) statements that the Insolvency Regulation applies to the proceedings and that the debtor’s centre of main interests is situated in the State and the facts and grounds supporting each statement; or
(ii) statements that the Insolvency Regulation applies to the proceedings, that the debtor’s centre of main interests is situated in another specified Member State and that the debtor has an establishment within the State and the facts and grounds supporting each statement; or
(iii) a statement that the Insolvency Regulation does not apply to the proceedings, and in such case, shall contain a statement that the debtor is domiciled in the State or that, within a year before the date of the presentation of the petition, he has ordinarily resided or had a dwellinghouse or place of business in the State, or that he has carried on business in the State personally or by means of an agent or manager, or that he is or within the said period has been a member of a partnership which has carried on business in the State by means of a partner, agent or manager and the facts and grounds supporting that statement, and
(e) where the Insolvency Regulation applies to the proceedings, contain a statement that, to the debtor’s knowledge, no insolvency proceedings have been opened in respect of the debtor in any Member State or Member States (other than the State), or that such insolvency proceedings have been opened and if so, whether those insolvency proceedings are main proceedings, secondary proceedings or territorial proceedings.
(2) Where insolvency proceedings have been opened in another Member State, the affidavit verifying the petition shall exhibit a certified copy of the original decision appointing the liquidator or any other certificate of the court having jurisdiction (as referred to in Article 19 of the Insolvency Regulation) and if such decision or certificate is not in one of the official languages of the State, a translation of that decision or certificate into the Irish or the English language certified by a person competent and qualified for the purpose.
(3) The petition shall be supported by an affidavit, which may be endorsed on the petition, which shall verify the petition and shall verify the facts supporting every statement made for the purposes of sub-rule (1)(d).
26A. (1) This rule applies only where the centre of the debtor’s main interests is situated within the territory of a Member State other than the State.
(2) In a case to which this rule applies, the petition shall also:
(i) identify the place within the State where the debtor has an establishment and the facts and grounds supporting that statement;
(ii) where main proceedings have not been opened in another Member State, contain a statement as to which of the conditions referred to in Article 3(4)(a) or Article 3(4)(b) of the Insolvency Regulation is met and the facts and grounds supporting that statement.
(3) The affidavit verifying the petition shall verify the facts supporting every statement made for the purposes of sub-rule (2).
27. A petition of bankruptcy by a debtor shall be supported by the affidavit of the debtor setting forth the particulars of his assets and where the same are and the estimated value thereof, in order that it shall be made to appear to the satisfaction of the Court that his available estate is sufficient to produce the sum of €1,904.61 at the least, and if required he shall produce satisfactory evidence of the value of such assets.
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C.
General
28. The petitioner shall swear to the best of his knowledge and belief that the allegations in the petition are true.
29. (1) Upon the presentation of a petition by a creditor or a debtor the petitioner shall deposit with the Official Assignee the sum of €650, and shall thereafter lodge such further sums, if any, as the Court may from time to time direct, to cover the costs, fees and expenses incurred or to be incurred by the Official Assignee, and no petition shall be received unless the receipt of the Official Assignee for the deposit payable on presentation of the petition is produced to the proper officer.
(2) The Official Assignee shall account for the money so deposited to the creditor or, as the case may be, to the debtor’s estate, and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far as such deposit may be required by reason of insufficiency of assets for the payment of the costs, fees and expenses incurred by the Official Assignee) out of the proceeds of the estate in the same priority as his costs.
30. Every petition of bankruptcy (together with, in the case of a creditor’s petition, the original bankruptcy summons and the completed affidavit of service of the summons) shall be filed in the proper office.
31. The proper officer shall at the time of filing endorse on every petition and other document the date of the filing thereof and in cases of declarations of insolvency and petitions shall also endorse the hour of the day.
32. Upon the presentation of the petition the proper officer shall appoint the time for the hearing thereof and shall endorse on the petition the time appointed for such hearing and shall sign the same.
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VII. Adjudication in bankruptcy
33. Where two or more petitions are presented against the same debtor, or against debtors being members of the same partnership, the petition which was first presented shall be entitled to be first heard. Where such first petition shall not have been proceeded with to adjudication or where the debtor shows cause against the adjudication thereunder or where delay will be avoided, any other petition may be proceeded with. If the Court shall make adjudication upon such last mentioned petition, all other petitions shall stand dismissed with such costs (if any) as the Court may allow, and a note of such dismissal shall be endorsed by the proper officer on each such petition.
34. No order of adjudication shall be made against a firm in the firm’s name, but it shall be made against the partners individually with the addition of the firm’s name.
35. The debt of the petitioning creditor which has been proved for the adjudication shall in all cases be deemed to be a debt proved and admitted in the bankruptcy, unless the Court shall otherwise order.
35A. (1) Where, on the hearing of a petition for adjudication, the Court is satisfied that main insolvency proceedings have previously been opened in a Member State other than the State, the Court may make an order of adjudication opening secondary proceedings.
(2) An adjudication order or order of adjudication opening secondary proceedings shall contain the appropriate recital included in Form No. 15.
36. (1) The petitioning creditor or the Official Assignee may after adjudication make application to the Court, supported by affidavit, for the appointment of a receiver or manager in accordance with section 73 of the Act.
(2) Where cause is shown against the adjudication or where the funds realised by the receiver or manager are insufficient to discharge his costs, fees and expenses, the petitioning creditor shall pay such costs, fees and expenses to the receiver or manager as the Court may direct, and the Court shall decide any claim for damages arising out of his appointment, and may make such Order as it thinks fit.
37. (1) A receiver or manager of property or business of the debtor appointed by the Court shall submit his accounts (including a rental, if required) for examination to the Official Assignee, and for that purpose shall attend upon him at such reasonable times as he may require.
(2) The remuneration of a receiver or manager shall be under the direction of the Court, and no receiver or manager shall have any lien whatever for his remuneration on any money or property which may have come to his hands.
38. (1) Upon adjudication on the petition of a creditor, a copy of the order concerned, in the Form No. 15, shall be served on the bankrupt by the Bankruptcy Inspector or any of his assistants.
(2) An affidavit of service of the copy order shall be sworn forthwith by the Bankruptcy Inspector, or his assistant as the case may be, and filed in the proper office.
39. (1) A person adjudicated bankrupt intending to show cause against the validity of the adjudication in accordance with section 16 of the Act shall within three days from the date of service of the copy order of adjudication, or such extended time as the Court may allow not exceeding fourteen days from the date of such service, file in the proper office notice in writing of his intention together with an affidavit containing the particulars referred to in sub-rule (2).
(2) The notice shall state which of the requirements of section 11(1) of the Act are alleged by the person adjudicated not to have been complied with, and the affidavit shall set out in detail the grounds on which he claims the adjudication to be invalid. The notice shall be in the Form No. 16.
(3) Upon filing of the notice and affidavit the proper officer shall set the notice down for hearing before the Court, and shall endorse on the notice the time fixed for the hearing and shall date and sign it.
(4) A copy of the notice so endorsed shall, together with a copy of the affidavit, be served by the person showing cause upon the solicitor for the petitioning creditor, or upon the petitioning creditor if no solicitor is employed, and upon the Official Assignee.
40. After lodging such notice of his intention he shall, on application to the proper officer, and on payment for the same be furnished forthwith with copies of the proceedings on which the adjudication was founded.
41. If at the sitting of the Court to hear the cause against the validity of the adjudication the debtor shall not appear, or if having appeared he shall fail to show to the satisfaction of the Court that the requirements of section 11(1) of the Act or such of them as shall have been put in issue, have not been complied with, or unless the Court in accordance with section 16(2) of the Act shall adjourn the application the cause shown by the debtor shall be disallowed with such costs as the Court may order. If at such sitting any new evidence as to any of these matters shall be given, or any witness to any of such matters shall not be present for cross-examination (if required to attend) and further time shall be desired, the Court may, if it think the application reasonable, grant such further time as it may think fit.
42. Immediately on the adjudication of a debtor on his own petition, or after the expiration of the time for showing cause against an adjudication on a creditor’s petition or after the disallowance of any cause if cause had been shown, a summons to the bankrupt in the Form No. 14 shall issue, specifying the statutory sitting, and a sealed copy of such summons shall be served upon him personally, provided that the Court may in any case direct some other mode of service. It shall be the duty of the solicitor for the petitioner to cause service to be affected and an affidavit thereof to be made and filed forthwith.
43. From and after the statutory sitting the Official Assignee shall be at liberty to choose and appoint a solicitor to have carriage of the proceedings on his behalf and to advise him in the course of the proceedings.
44. After adjudication the petitioner or his solicitor shall at the request of the Official Assignee furnish to the Official Assignee all information which he may have relating to the trade dealings, affairs or property of the bankrupt, and produce to the Official Assignee any books of account and documents in his possession or control relating to the matters aforesaid.
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