Bankruptcy (Forms) Rules
[1 January 1933]
(Format changes—E.R. 4 of 2020)
These rules may be cited as the Bankruptcy (Forms) Rules.
Subject to the provisions of paragraph (2), the forms in the Schedule where applicable, and where they are not applicable forms of the like character, with such variations as circumstances may require, shall be used. Where such forms are applicable, any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same, unless the court otherwise directs.
The Chief Justice may from time to time amend any form in the Schedule or prescribe any new form. Where the Chief Justice amends any form or prescribes any new form, such amended or new form shall be published in the Gazette.
Index
| Form | ||
| Accounts: | ||
| Affidavit verifying trustee’s trading account | 149 | |
| Affidavit verifying special manager’s account | 151 | |
| Certificate by Creditors’ committee as to audit of trustee’s account | 145 | |
| Profit and loss account | 148 | |
| Statement of accounts under section 88 | 150 | |
| Transfer from separate estate to joint estate | 154 | |
| Trustee’s trading account | 147 | |
| Action: | ||
| Order restraining before bankruptcy order | 24 | |
| Advertisement: | ||
| Memorandum of advertisement | 170 | |
| Of day for proceeding with public examination | 54 | |
| Of bankruptcy order, etc. | 27 | |
| Allocatur: | ||
| For costs of debtor’s petition | 144 | |
| Bankruptcy Order: | ||
| Application to annul | 79 | |
| Notice etc. | 27 | |
| Order annulling | 80 | |
| Order on creditor’s petition | 26 | |
| Order on debtor’s petition | 25 | |
| Bond on stay of proceedings: | ||
| Affidavit of justification | 21 | |
| Form | 19 | |
| Notice of sureties | 20 | |
| Book debts: | ||
| Register of assignment of | 117 | |
| Committal: | ||
| Affidavit in support of application for committal of bankrupt under section 26 or 55 | 96 | |
| Affidavit of non-compliance with order of court | 104 | |
| Affidavit of trustee under section 53(5) | 97 | |
| Application by trustee for committal of bankrupt or other person | 94 | |
| Notice of application for committal under section 110 | 98 | |
| Notice of application for committal under section 26 | 99 | |
| Notice of application for committal under section 53(5) | 100 | |
| Order of committal under section 110 | 101 | |
| Order of committal under section 26 | 102 | |
| Order of committal under section 53(5) | 103 | |
| Order for discharge from custody on contempt | 106 | |
| Order for production of person in prison for examination before the court | 107 | |
| Warrant of committal for contempt | 105 | |
| Debt: | ||
| Admission of debt | 113 | |
| Order to pay debt | 114 | |
| Deceased debtor: | ||
| Petition by creditor (section 112) | 134 | |
| Petition by legal personal representative (section 112) | 135 | |
| Order for administration of estate on petition | 136 | |
| Directions: | ||
| Application for by trustee | 131 | |
| Order on application by trustee | 132 | |
| Discharge: | ||
| Application by bankrupt under section 30A(7) of the Bankruptcy Ordinance for lifting a suspension of the running of the relevant period for discharge | 85 | |
| Application for early discharge under section 30B(1) of the Bankruptcy Ordinance | 84 | |
| Certificate of discharge | 88 | |
| Certificate that order suspending discharge has been lifted | 87 | |
| Notice of intention to object to bankrupt’s discharge under section 30A(4) of the Bankruptcy Ordinance | 82 | |
| Notice to creditors by trustee under section 30A(5) of the Bankruptcy Ordinance | 83 | |
| Order of suspension of discharge under section 30A(3) of the Bankruptcy Ordinance | 81 | |
| Order of court lifting suspension of discharge | 86 | |
| Disclaimer: | ||
| Notice of disclaimer without leave of court | 128 | |
| Notice of disclaimer with leave of court | 129 | |
| Notice to landlord of intention to disclaim lease not sublet or mortgaged | 123 | |
| Notice of intention to disclaim lease sublet or mortgaged | 124 | |
| Notice by landlord or other person requiring trustee to bring disclaimer before court | 130 | |
| Of lease after notice | 126 | |
| Of lease with leave of court | 127 | |
| Without notice | 125 | |
| Dividend: | ||
| Application by creditor for order for trustee to pay and order thereon | 142 | |
| Notice to creditors of intention to declare | 138 | |
| Notice to persons claiming to be creditors of intention to declare final dividend | 139 | |
| Notice of dividend | 141 | |
| Examination: | ||
| Shorthand writer, appointment of | 55 | |
| Shorthand writer, declaration by | 56 | |
| Summons under section 29 | 112 | |
| Publication in newspaper: | ||
| Substituted service of petition | 15 | |
| Interim trustee: | ||
| Application for order thereon | 13 | |
| Letters, etc.: | ||
| Order for re-direction (section 28) | 111 | |
| Meetings: | ||
| General meeting: | ||
| Affidavit of postage of notices | 33 | |
| Certificate of postage of notices | 34 | |
| List of creditors assembled at | 45 | |
| Memorandum of adjournment | 37 | |
| Memorandum of proceedings at adjourned general meeting: no quorum | 38 | |
| Notice to creditors of general meeting of creditors | 29 | |
| Notice to creditors of adjourned meeting | 32 | |
| Notice to bankrupt to attend | 35 | |
| Other meetings: | ||
| List of creditors assembled at | 45 | |
| Memorandum of adjournment | 37 | |
| Notice (general form) | 40 | |
| Notice of, to appoint new trustee | 44 | |
| Notice to creditors of adjourned meeting | 32 | |
| Notice to creditors to remove trustee and to fill vacancy | 43 | |
| Order of court for general meeting of creditors | 39 | |
| Non-commencement Order: | ||
| Notice of commencement of relevant period for bankrupt under section 30AC(3)(a) of Bankruptcy Ordinance | 82B | |
| Order for non-commencement of relevant period for bankrupt under section 30AC(1) of Bankruptcy Ordinance | 82A | |
| Petition: | ||
| Adjournment of | 22 | |
| Affidavit of justification | 21 | |
| Affidavit of service | 14 | |
| Affidavit of truth of statements in petition | 11 | |
| Affidavit of truth of statements in joint petition | 12 | |
| Allocatur for costs of debtor’s petition | 144 | |
| Bond on stay of proceedings, security, etc. | 19 | |
| Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately | 10 | |
| Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date | 10A | |
| Creditor’s bankruptcy petition where execution or other process on a judgment has been returned in whole or part | 10B | |
| Bankruptcy petition for default in connection with voluntary arrangement | 10C | |
| Creditor’s petition (section 112) | 134 | |
| Criminal bankruptcy petition | 10D | |
| Debtor’s bankruptcy petition | 3 | |
| Dismissal of | 23 | |
| Legal personal representative’s petition (section 112) | 135 | |
| Notice by debtor of intention to oppose | 17 | |
| Notice of sureties | 20 | |
| Notice in newspaper of substituted service | 15 | |
| Order for substituted service | 16 | |
| Order to stay proceedings on | 18 | |
| Postage of notices: | ||
| Affidavit of (general meeting) | 33 | |
| Certificate of (general meeting) | 34 | |
| Production of documents: | ||
| Order under section 30D(1) of the Bankruptcy Ordinance | 157 | |
| Order under section 30D(3) of the Bankruptcy Ordinance | 158 | |
| Application for order under section 30D(3) of the Bankruptcy Ordinance | 159 | |
| Application for order under section 30D(1) of the Bankruptcy Ordinance | 160 | |
| Proof: | ||
| Affidavit of | 46B | |
| By trustee in prior bankruptcy | 47 | |
| Form of | 46A | |
| Form of, for debt of employees | 48 | |
| Notice of rejection | 49 | |
| Proxies: | ||
| General | 50 | |
| Special | 51 | |
| Public examination: | ||
| Application by Official Receiver or trustee for order fixing | 52 | |
| Appointment of shorthand writer | 55 | |
| Declaration by shorthand writer | 56 | |
| Memorandum of | 62 | |
| Notes of shorthand writer if appointed | 57 | |
| Notes where shorthand writer not appointed | 58 | |
| Notice of day for proceeding with | 54 | |
| Order appointing time for | 53 | |
| Order of adjournment | 59 | |
| Order that examination concluded | 63 | |
| Register: | ||
| Of assignment of book debts | 117 | |
| Release: | ||
| Application by trustee for | 153 | |
| Notice to creditors of intention to apply for | 152 | |
| Statement to accompany application for release | 137 | |
| Request: | ||
| To deliver bill for taxation | 143 | |
| Salary or income: | ||
| Notice of application for income payment order (section 43E) | 118 | |
| Order for income claimed under section 43E(3)(a) of the Bankruptcy Ordinance | 120 | |
| Order for income claimed under section 43E(3)(b) of the Bankruptcy Ordinance | 121 | |
| Shorthand writer: | ||
| Appointment of | 55 | |
| Declaration by | 56 | |
| Special manager: | ||
| Affidavit by | 151 | |
| Statement: | ||
| Of affairs for a person who does not carry on business | 28A | |
| Of affairs for a person who carries on business | 28B | |
| Statement of Affairs (debtor’s petition) | 28C | |
| Of accounts under section 88 | 150 | |
| To accompany application for release | 137 | |
| Statutory Demand: | ||
| Application to set aside a statutory demand | 155 | |
| Order setting aside a statutory demand | 156 | |
| Affidavit in support of application to set aside statutory demand | 161 | |
| Statutory Demand—Debt for liquidated sum payable immediately following a judgment or order of the court | 162 | |
| Statutory Demand—Debt for liquidated sum payable immediately | 163 | |
| Statutory Demand—Debt payable at future date | 164 | |
| Subpoena: | ||
| Summons under section 29 | 112 | |
| Taxation: | ||
| Allocatur for costs of debtor’s petition | 144 | |
| Request to deliver bill for | 143 | |
| Title: | ||
| General title | 1 | |
| Voluntary Arrangement: | ||
| Affidavit in support of application for interim order | 166 | |
| Application for interim order | 165 | |
| Alternative orders to be made at hearing to consider chairman’s report | 67 | |
| Interim order of court under section 20 of the Bankruptcy Ordinance | 65 | |
| Interim order of court under section 20 of the Bankruptcy Ordinance—One-stage procedure | 168 | |
| Notice to intended nominee | 167 | |
| Order granting stay pending hearing of application for interim order | 64 | |
| Order extending effect of interim order | 66 | |
| Proxy (individual voluntary arrangement) | 169 | |
| Warrant: | ||
| Against debtor about to quit Hong Kong, etc. | 110 | |
| Of committal for contempt | 105 | |
| Of seizure | 109 | |
| Order for production for examination of person apprehended under warrant under section 29 | 116 | |
| Search warrant | 108 | |
| To apprehended persons summoned under section 29 | 115 | |
| Form 1 [rule 7] | |||
| General TitleIn the Court of First Instance of Hong Kong In Bankruptcy No. of . | |||
| Re [J B ]. | |||
| Ex parte [here insert the Debtor, or J.S., a Creditor, or the Official Receiver, or the Trustee] | |||
_
(Repealed L.N. 81 of 1998)
_
| Form 3 [rule 50] | |||
| D B P (Title) | |||
| (a) Insert full name(s), address(es), occupation, trade or profession and Hong Kong Identity Card No. (if any) or number and issuing country of any passport of debtor. (b) Insert in full any other name(s) by which the debtor is or has been known. | I, (a) | ||
| , | |||
| [also known as (b) | |||
| ] | |||
| (c) Insert former address or addresses at which the debtor may have incurred debts or liabilities still unpaid or unsatisfied. | [and lately residing at (c) | ||
| ] | |||
| (d) Insert trading name (adding “with another or others”, if this is so), business address and nature of business. | [and carrying on business as (d) | ||
| ] | |||
| (e) Insert any former trading name(s) (adding “with another or others”, if this is so), business address(es) and nature of the business in respect of which the debtor may have incurred debts or liabilities still unpaid or unsatisfied. | [and lately carrying on business as (e) | ||
| ] | |||
| request the court that a bankruptcy order be made against me and say as follows— | |||
| (f) Delete as applicable. | 1. I am domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/have within 3 years immediately preceding the presentation of this petition (f) [resided at] [carried on business at] | ||
| within Hong Kong. 2. I am unable to pay my debts. 3. A statement of my affairs is filed with this petition. Dated this day of . | |||
| Signature of witness________________ | |||
| ENDORSEMENT | |||
| Complete only if petition not heard immediately. | This petition having been presented to the court on ________________ , it is ordered that the petition shall be heard as follows— | ||
| Date | |||
| Time _______________________ hours | |||
| Place | |||
| Registrar | |||
_
(Repealed L.N. 81 of 1998)
_
| Form 10 [rule 50] | |||
| C B P F C S D L S P I (Title) | |||
| (a) Insert full name(s) and address(es) of petitioner(s). | I/We, (a) | ||
| , | |||
| (b) Insert full name, place of residence, occupation (if any), Hong Kong Identity Card No. (if any) or number and issuing country of any passport of debtor (if known). | petition the court that a bankruptcy order may be made against (b) | ||
| [also known as (c) | |||
| ] | |||
| (c) Insert in full any other name(s) by which the debtor is or has been known. (d) Insert trading name (adding “with another or others”, if this is so), business address and nature of business. | [and carrying on business as (d) | ||
| ] | |||
| [and lately residing at (e) | |||
| (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred. | |||
| ] | |||
| [and lately carrying on business as (f) | |||
| (f) Give the same details as specified in note (d) above for any other businesses which have been carried on at or after the time the petition debt was incurred. (g) Delete as applicable. | |||
| ] | |||
| and say as follows— | |||
| 1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/has within 3 years immediately preceding the presentation of this petition (g) [resided at] [carried on business at] | |||
| within Hong Kong. | |||
| (h) Please give the amount of debt(s), what they relate to and when they were incurred. Please show separately the amount or rate of any interest or other charge not previously notified to the debtor and the reasons why you are claiming it. | 2. The debtor is justly and truly indebted to me[us] in the aggregate sum of $(h) _____________. 3. The above-mentioned debt is for a liquidated sum payable immediately and the debtor appears to be unable to pay it. 4. On (i) ________________ a statutory demand was served upon the debtor by (j) __________________ in respect of the above-mentioned debt. To the best of my/our knowledge and belief the demand has neither been complied with nor set aside in accordance with the Rules and no application to set it aside is outstanding. | ||
| (i) Insert date of service of a statutory demand. (j) State manner of service of the demand. (k) If 3 weeks have not elapsed since service of statutory demand give reasons for earlier presentation of petition. (l) Delete as applicable. | (k) 5. I/We do not, nor does any person on my/our behalf, hold any security on the debtor’s estate, or any part thereof, for the payment of the above-mentioned sum. or, I/We hold security for the payment of (l) [part of] the above-mentioned sum. I/We will give up such security for the benefit of all the creditors in the event of a bankruptcy order being made. or, I/We hold security for the payment of part of the above-mentioned sum and I/we estimate the value of such security to be $ . This petition is not made in respect of the secured part of my/our debt. | ||
| ENDORSEMENT | |||
| This petition having been presented to the court on ________________, it is ordered that the petition shall be heard as follows— | |||
| Date | |||
| Time _____________________ hours | |||
| Place | |||
| (m) Insert name of debtor. | and you, the above-named (m) ___________________ are to take notice that if you intend to show cause against the petition you must file with the Official Receiver a notice showing the grounds upon which you intend to show cause, and post a copy of the notice to the petitioner or his solicitor, in each case 3 days before the day on which the petition is to be heard. | ||
| Registrar | |||
_
| Form 10A [rule 50] | |||
| C B P F C S D L S P F D (Title) | |||
| (a) Insert full name(s) and address(es) of petitioner(s). | I/We, (a) | ||
| , | |||
| (b) Insert full name, place of residence, occupation (if any), Hong Kong Identity Card No. (if any) or number and issuing country of any passport of debtor (if known). (c) Insert in full any other name(s) by which the debtor is or has been known. (d) Insert trading name (adding “with another or others”, if this is so), business address and nature of business. | petition the court that a bankruptcy order may be made against (b) | ||
| [also known as (c) | |||
| ] | |||
| [and carrying on business as (d) | |||
| ] | |||
| [and lately residing at (e) | |||
| (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred. (f) Give the same details as specified in note (d) above for any other businesses which have been carried on at or after the time the petition debt was incurred. | |||
| ] | |||
| [and lately carrying on business as (f) | |||
| ] | |||
| and say as follows— | |||
| 1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/has within 3 years immediately preceding the presentation of this petition (g) | |||
| (g) Delete as applicable. | [resided at] [carried on business at] | ||
| within Hong Kong. | |||
| (h) Please give the amount of debt(s), what they relate to and when they were incurred. Please show separately the amount or rate of any interest or other charge not previously notified to the debtor and the reasons why you are claiming it. (i) Insert date or dates when the debt becomes payable. (j) Insert date of service of statutory demand. (k) State manner of service of the demand. (l) If 3 weeks have not elapsed since service of statutory demand give reasons for earlier presentation of petition. (m) Delete as applicable. | 2. The debtor is justly and truly indebted to me[us] in the aggregate sum of $(h) __________. 3. The above-mentioned debt is for a liquidated sum payable on (i) ________________ and the debtor appears to have no reasonable prospect of being able to pay it. 4. On (j) ________________ a statutory demand was served upon the debtor by (k) _________________ in respect of the above-mentioned debt. To the best of my/our knowledge and belief the demand has neither been complied with nor set aside in accordance with the Rules and no application to set it aside is outstanding. (l) 5. I/We do not, nor does any person on my/our behalf, hold any security on the debtor’s estate, or any part thereof, for the payment of the above-mentioned sum. or, I/We hold security for the payment of (m) [part of] the above-mentioned sum. I/We will give up such security for the benefit of all the creditors in the event of a bankruptcy order being made. or, I/We hold security for the payment of part of the above-mentioned sum and I/we estimate the value of such security to be $ . This petition is not made in respect of the secured part of my/our debt. | ||
| ENDORSEMENT | |||
| This petition having been presented to the court on ________________, it is ordered that the petition shall be heard as follows— | |||
| Date | |||
| Time ______________________ hours | |||
| Place | |||
| (n) Insert name of debtor. | and you, the above-named (n) ________________ are to take notice that if you intend to show cause against the petition you must file with the Official Receiver a notice showing the grounds upon which you intend to show cause, and post a copy of the notice to the petitioner or his solicitor, in each case 3 days before the day on which the petition is to be heard. | ||
| Registrar | |||
_
| Form 10B [rule 50] | |||
| C B P W E O P J R P (Title) | |||
| (a) Insert full name(s) and address(es) of petitioner(s). (b) Insert full name, place of residence, occupation (if any), Hong Kong Identity Card No. (if any) or number and issuing country of any passport of debtor (if known). (c) Insert in full any other name(s) by which the debtor is or has been known. (d) Insert trading name (adding “with another or others”, if this is so), business address and nature of business. | I/We, (a) | ||
| , | |||
| petition the court that a bankruptcy order may be made against (b) | |||
| [also known as (c) | |||
| ] | |||
| [and carrying on business as (d) | |||
| ] | |||
| [and lately residing at (e) | |||
| (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred. (f) Give the same details as specified in note (d) above for any other businesses which have been carried on at or after the time the petition debt was incurred. (g) Delete as applicable. | |||
| ] | |||
| [and lately carrying on business as (f) | |||
| ] | |||
| and say as follows— | |||
| 1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/has within 3 years immediately preceding the presentation of this petition (g) [resided at] [carried on business at] | |||
| within Hong Kong. | |||
| (h) Please give the amount of debt(s), what they relate to and when they were incurred. Please show separately the amount or rate of any interest or other charge not previously notified to the debtor and the reasons why you are claiming it. | 2. The debtor is justly and truly indebted to me [us] in the aggregate sum of $(h) ____________. 3. The above mentioned debt is for a liquidated sum payable immediately and the debtor appears to be unable to pay it. | ||
| (i) Insert date on which judgment was obtained. (j) Insert date of execution. | 4. On (i) ____________ judgment was obtained in ____________ Court on an action the short title and reference to the record whereof is Number __________ in the sum of $ __________ following which execution was issued in the ________________ court in respect of the debt and on (j) ____________________ the bailiff [made a return] [endorsed upon the writ a statement] to the effect that the execution was unsatisfied (g) [as to the whole] [as to part] and the above-mentioned debt represents the amount by which the execution was returned unsatisfied. | ||
| 5. I/We do not, nor does any person on my/our behalf, hold any security on the debtor’s estate, or any part thereof, for the payment of the above-mentioned sum. or, I/We hold security for the payment of (g) [part of] the above-mentioned sum. I/We will give up such security for the benefit of all the creditors in the event of a bankruptcy order being made. | |||
| or, I/We hold security for the payment of part of the above-mentioned sum and I/we estimate the value of such security to be $ . This petition is not made in respect of the secured part of my/our debt. | |||
| ENDORSEMENT | |||
| This petition having been presented to the court on ____________ , it is ordered that the petition shall be heard as follows— | |||
| Date | |||
| Time ______________________ hours | |||
| Place | |||
| (k) Insert name of debtor. | and you, the above-named (k) __________________ are to take notice that if you intend to show cause against the petition you must file with the Official Receiver a notice showing the grounds upon which you intend to show cause, and post a copy of the notice to the petitioner or his solicitor, in each case 3 days before the day on which the petition is to be heard. | ||
| Registrar | |||
_
| Form 10C [rule 50] | |||
| B P D C V A | |||
| (Title) | |||
| (a) Insert full name(s) and address(es) of petitioner(s). (b) Insert full name, place of residence, occupation (if any), Hong Kong Identity Card No. (if any) or number and issuing country of any passport of debtor (if known). (c) Insert in full any other name(s) by which the debtor is or has been known. (d) Insert trading name (adding “with another or others”, if this is so), business address and nature of business. (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred. | I/We, (a) | ||
| , | |||
| petition the court that a bankruptcy order may be made against (b) | |||
| [also known as (c) | |||
| ] | |||
| [and carrying on business as (d) | |||
| ] | |||
| [and lately residing at (e) | |||
| ] | |||
| (f) Give the same details as specified in note (d) above for any other businesses which have been carried on at or after the time the petition debt was incurred. (g) Delete as applicable. | [and lately carrying on business as (f) | ||
| ] | |||
| and say— | |||
| 1. That the debtor has within 3 years immediately preceding the presentation of this petition (g) [resided at] [carried on business at] | |||
| within Hong Kong. | |||
| (h) Insert date the debtor entered into voluntary arrangement. (i) Insert name of nominee. | 2. On (h) __________ a voluntary arrangement proposed by the debtor was approved by his creditors and I am (g) [a person who is for the time being bound by the said voluntary arrangement and (i) ______________ is the nominee] [(i) ______________ the nominee of the said voluntary arrangement]. | ||
| (j) Give details of the default in connection with the voluntary arrangement, being the grounds under section 20L of the Bankruptcy Ordinance (Chapter 6) upon which the bankruptcy order is sought. | 3. (j) Dated this day of . Signature of witness ____________________ | ||
| ENDORSEMENT | |||
| This petition having been presented to the court on ______________, it is ordered that the petition shall be heard as follows— | |||
| Date | |||
| Time ____________________ hours | |||
| Place | |||
| Registrar | |||
_
| Form 10D [s. 9 & rule 56] | |||
| C | |||
| In the Court of First Instance | |||
| In Bankruptcy | |||
| (Title) | |||
| (a) Insert name and Hong Kong Identity Card No. or number and issuing country of any passport of debtor. (b) Insert present address and description of debtor. (c) Insert address or addresses at which the debtor has lately resided or carried on business. | I, the Official Petitioner [or, I, C.D., of ] [or, We, C.D., of and E.F., of ], hereby petition the court that a bankruptcy order may be made in respect of the estate of A.B. (a) of (b) and lately residing at [or carrying on business at (c) ] and say— | ||
| 1. That a criminal bankruptcy order was made against the said A.B. in the Court on the day of , and that an office copy of the said order is annexed to this petition. | |||
| 2. That the said order remains in force. or, | |||
| That the said order was amended by the Court of Appeal on the day of ; that an office copy of the order of the Court of Appeal is annexed to this petition; and that the said order as amended by the Court of Appeal remains in force. 3. That according to the said criminal bankruptcy order the said A.B. is indebted to [insert the names of the persons specified in the order as having suffered loss or damage] in the aggregate sum of $ [set out the amount of the loss or damage suffered as specified in the criminal bankruptcy order]. | |||
| Dated this day of . | |||
| (Signed) Official Petitioner | |||
| C.D. E.F. (as the case may be) | |||
| *Where it is the Official Petitioner who is the petitioner, this attestation is not required. | [Signed by the petitioner* | ||
| in my presence.] | |||
| Signature of witness Address Description | |||
| NOTE — If there be more than one petitioner, and they do not sign together, the signature of each must be separately attested, e.g., “Signed be the petitioner E.F. in my presence”. If the petition is signed by a firm, the partner signing should add also his own signature, e.g., “A.S. & Co. by J.S., a partner in the said firm”. | |||
| _ | |||
| E | |||
| This petition having been presented to the court on the day of , it is ordered that this petition shall be heard at on the day of , at o’clock in the noon. | |||
| And you, the said A.B., are to take notice that if you intend to show cause against the petition you must file with the Registrar of this Court a notice specifying the statements which you intend to deny or dispute, and send by post a copy of the notice to the petitioner and his solicitor, if known, not later than 3 days before the day fixed for the hearing. | |||
(L.N. 153 of 1979; L.N. 81 of 1998; 25 of 1998 s. 2)
_
| Form 11 [s. 9 & rule 56] | |||
| A (Title) | |||
| I, the petitioner named in the petition hereunto annexed make oath and say— That the several statements in the said petition are within my own knowledge true. Sworn at, etc. | |||
| (Signature) | |||
| NOTE — If the petitioner cannot depose that the truth of all the several statements in the petition is within his own knowledge he must set forth the statements the truth of which he can depose to and file a further affidavit by some person or persons who can depose to the truth of the remaining statements. | |||
_
| Form 12 [s. 9 & rule 56] | |||
| A (Title) | |||
| We, C.D., E.F., G.H., etc., the petitioners named in the petition hereunto annexed, severally make oath and say— And first I the said C.D. for myself say— | |||
| 1. That A.B. is justly and truly indebted to me in the sum of $ as stated in the said before-mentioned petition. 2. That A.B. has within 3 years before the date of the presentation of the petition ordinarily resided [or carried on business] at . | |||
| And I the said E.F. for myself say— 3. That A.B. is justly and truly indebted to me in the sum of $ as stated in the said before-mentioned petition. | |||
| And I the said G.H. for myself say— | |||
| 4. That A.B., is, etc. | |||
| C.D.E.F.G.H. | |||
| Sworn by the deponents C.D., E.F., | |||
| and G.H., etc. | |||
| (See note to last form) | |||
_
| Form 13 [s. 13 & rule 61] | ||||
| A (Title) | ||||
| I, C.D., of, , do, on the grounds set forth in the annexed affidavit, apply to the court to appoint the Official Receiver as interim trustee of the property of the said A.B., and [here insert any special directions to the interim trustee that may be desired]. | ||||
| Dated this day of . | ||||
| (Signed) C.D. | ||||
| _ | ||||
| O | ||||
| Upon reading this application and the affidavit therein referred to, and hearing it is ordered that upon a deposit of $100 being lodged by the applicant the Official Receiver be thereupon constituted interim trustee of the property of the said A.B., [here insert nature, short description and locality of the property, and special directions, if any]. | ||||
| Dated this day of . | ||||
| Registrar | ||||
(G.N.A. 124 of 1955; L.N. 125 of 2007)
_
| Form 14 [rule 59] | |||
| A (Title) | |||
| In the matter of a petition dated I, L.M., of , make oath and say— 1. That I did, on day the day of , serve the above-mentioned A.B. [or the partners in the above-mentioned firm of ] with a copy of the above-mentioned petition, duly sealed with the seal of the court, by delivering the same personally to the said A.B. [or C.D., a partner, or E.F., a person having at the time of service the control and management of the partnership business there or of the business carried on under the above-mentioned name or style] at* [place] before the hour of in the noon. 2. A sealed copy of the said petition is hereunto annexed. Sworn at, etc. | |||
| L.M. | |||
| * NOTE — If the service is effected on a person having at the time of service the control and management of the partnership business, the affidavit must, after the description of the place of service, contain the words “being the principal place of business of the said .” | |||
_
| Form 15 [rule 48] | |||
| S N (Title) | |||
| In the matter of a bankruptcy petition filed the day of . | |||
| Take notice that a bankruptcy petition has been presented against you by of | |||
| (a) Add this in case of petition. | and the court has ordered that the sending of a sealed copy of the petition together with a sealed copy of the order for substituted service by registered post addressed to and/or the publication of this notice in the newspapers [following the terms of the order for substituted service] shall be deemed to be service of the petition upon you; (a) and further take notice that the said petition will be heard at the court on the day of at o’clock in the | ||
| noon, on which day you are required to appear, and if you do not appear the court may make a bankruptcy order against you in your absence. | |||
| The petition may be inspected by you on application at the court. Dated this day of . | |||
| Registrar | |||
| To A.B. | |||
_
| Form 16 [rule 48] | |||
| O (Title) | |||
| In the matter of a bankruptcy petition filed the day of . | |||
| Upon the application of an upon reading the affidavit of of in the of . | |||
| It is ordered that the sending of a sealed copy of the above-mentioned petition together with a sealed copy of this order by registered post addressed to at and/or by publication in the newspapers of the presentation of such petition and the time and place fixed for hearing the petition shall be deemed to be good and sufficient service of the said petition on the said on the day of completing such posting or publication as aforesaid. | |||
| Dated this day of . | |||
| Registrar | |||
_
| Form 17 [rule 68] | |||
| N (Title) | |||
| In the matter of a bankruptcy petition presented against me on the day of , by C.D. of [or and E.F. of , G.H. of , etc.] | |||
| I, the above A.B., do hereby give you notice that I intend to show cause against the petition and that I intend to dispute the petitioning creditor’s debt [or to contend that , or as the case may be]. | |||
| Dated this day of . To the Official Receiver, and to C.D. [petitioning creditor] | |||
_
| Form 18 [rule 80] | |||
| O (Title) | |||
| In the matter of a bankruptcy petition against A.B. of | . | ||
| Upon the hearing of this petition this day, and the said A.B. appearing and denying that he is indebted to the petitioner [where petition presented by more than one creditor, add the name of the creditor whose debt is denied] in the sum stated in the petition [or alleging that he is indebted to the petitioner in a sum of a less amount than $10,000, or alleging that he is indebted to C.D., one of the petitioners, in a sum less than the sum stated to be due from him in the petition] it is ordered that the said A.B. shall within days enter into a bond in the penal sum of [ the amount of the alleged debt and probable costs, or such other sum as the court may direct] with such 2 sufficient sureties as the court shall approve to pay [or deposit with the Official Receiver the sum of as security for the payment of] such sum or sums as shall be recovered against the said A.B. by C.D. the petitioner [or one of the petitioners] in any proceeding taken or continued by him against the said A.B., together with such costs as shall be given by the court. | |||
| And it is further ordered that, upon the said A.B. entering into the bond aforesaid, all proceedings on this petition shall be stayed until after the court shall have come to a decision on the proceedings. Dated this day of . | |||
| Registrar | |||
(G.N.A. 124 of 1955; L.N. 81 of 1998)
_
| Form 19 [rules 13 & 80] | |||
| B (Title) | |||
| Know all men by these presents, that we, A.B. of etc. and C.D. of etc. and E.F. of etc. are jointly and severally held and firmly bound to L.M. of etc. in dollars to be paid to the said L.M., or his certain attorney, executors, administrators or assigns, for which payment to be made we bind ourselves and each and every of us, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. | |||
| Sealed with our seals, and dated this day of . Whereas a bankruptcy petition against the said A.B. having been presented to the court he did appear at the hearing of the said petition and deny that he was indebted to the petitioner [or to one or more of the petitioners], [or allege that he was indebted to the petitioner in the sum of dollars only or as the case may be]. | |||
| Now, therefore, the condition of this obligation is such that if the above-bounden A.B., or the said C.D. or E.F., shall on demand well and truly pay or cause to be paid to L.M., his attorney or agent, such sum or sums as shall be recovered against the said A.B. by any proceedings taken or continued within 21 days from the date hereof in any competent court by the said L.M. for the payment of the debt claimed by him in the said petition, together with such costs as shall be given to the said L.M. by such court [or whatever the condition of the bond is] this obligation shall be void, otherwise it shall remain in full force. | |||
| A.B. | (L.S.) | ||
| C.D. | (L.S.) | ||
| E.F. | (L.S.) | ||
| Signed, sealed and delivered by the above-bounden in the presence of | |||
| NOTE — If a deposit of money be made the memorandum should follow the terms of the conditions of the bond. This form may be adapted to other cases. | |||
(L.N. 125 of 2007; 17 of 2018 s. 36)
_
| Form 20 [rule 18] | |||
| N (Title) | |||
| In the matter of a bankruptcy petition of | |||
| Take notice that the sureties whom I propose as my security in the above matter [here state the proceeding which has rendered the sureties necessary] are [here state the full names and descriptions of the sureties and their residences for the last 6 months, therein mentioning the district or city, places, streets and numbers, if any]. | |||
| Dated this day of . | |||
| (Signature) | |||
| To the Registrar and to L.M. of | |||
_
| Form 21 [rule 19] | |||
| A (Title) | |||
| In the matter of a bankruptcy petition against A.B. of . I, E.F., of , one of the sureties for make oath and say— | |||
| 1. That I am a householder [or as the case may be], residing [describing particularly the street or place and the number of the house, if any]. 2. That I am worth property to the amount of $ [the amount required] over and above what will pay my just debts [if security in any other action or for any other purpose, add and every other sum for which I am now security]. | |||
| 3. That I am not bail or security in any other matter, action or proceedings, or for any other person [or if security in any other action or actions, add except for C.D., at the suit of E.F., in the Court of First Instance in the sum of $ ; for G.H., at the suit of I.K., in the Court of First Instance in the sum of $ specifying the several actions or matters, and courts, and the sums in which he has become bound]. | |||
| 4. That my property, to the amount of the said sum of $ [and if security in any other action, etc. over and above all other sums for which I am now security as aforesaid], consists of [here specify the nature and value of the property in respect of which the deponent proposes to become bondsman as follows, stock in trade, in my business of carried on by me at of the value of $ of good book debts owing to me to the amount of $ , of furniture in my house at of the value of $ , of leasehold property of the value of $ , situate at , or of other property, particularizing each description of property, with the value thereof]. | |||
| 5. That I have for the last 6 months resided at [describing the place of such residence, or if he has had more than one residence during that period, state in the same manner as above directed]. Sworn at, etc. | |||
| E.F. | |||
(G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2)
_
| Form 22 A | |||
| (Title) | |||
| Upon the hearing of the petition this day, and hearing for the petitioner and for the debtor and the Official Receiver, and reading it is ordered that the further hearing of this petition be adjourned until the day of , at o’clock in the noon. | |||
| Dated this day of . | |||
| Registrar | |||
_
| Form 23 | |||
| D (Title) | |||
| In the matter of a bankruptcy petition filed the [date]. Upon the hearing of this petition this day, and upon reading and hearing and the Official Receiver it is ordered that this petition be dismissed [and that the petitioner do pay to the said A.B. the taxed costs thereof]. | |||
| Dated this day of . | |||
| Registrar | |||
_
| Form 24 | |||
| O (Title) | |||
| Upon the application of and upon reading it is ordered that L.M. of shall be restrained from taking any further proceedings in the action brought by him [or upon the judgment recovered or obtained by him] against the said A.B. in [here state the number of the action] [or it is ordered that the proceedings in the action (or suit) brought by him against the said A.B. in (here state the number of the action) may be proceeded with on (here insert the terms fixed by the court)]. | |||
| Dated this day of . | |||
| Registrar | |||
_
| Form 25 [s. 12 & rule 72A(3)] | |||
| B (Title) | |||
| On the petition of the debtor himself, filed the day of , , a bankruptcy order is hereby made against A.B. [insert name, addresses and descriptions of debtor as set out in petition], and the Official Receiver hereby becomes the provisional trustee of the estate of the said debtor. | |||
| Dated this day of . | |||
| Registrar | |||
| NOTE — The above-named debtor is required after the service of this order upon him to attend the trustee at such time and place as the trustee may specify. | |||
| Endorsement on order | |||
| The name and address of the solicitor (if any) to the debtor are [insert name and address]. | |||
(L.N. 46 of 1964; L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 26 [ss. 12, 72A(3); rules 69, 75] | |||
| B (Title) | |||
| On the petition dated the day of of J.S., of a creditor, filed the [insert date], and on reading and hearing It is ordered that A.B. [insert name, addresses and descriptions of debtor as set out in petition] be adjudged bankrupt and the Official Receiver hereby becomes the provisional trustee of the estate of the said debtor. | |||
| Dated this day of . | |||
| Registrar | |||
| NOTE — The above-named debtor is required, after the service of this order upon him, to attend the trustee at such time and place as the trustee may specify. | |||
| _ | |||
| Endorsement on order | |||
| The name and address of the solicitor to the petitioning creditor are [insert name and address]. | |||
(G.N.A. 124 of 1955; L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 27 [s. 78(1)(f) & rule 78] | |||
| N (Title) | |||
| Bankruptcy order made | |||
| Note — All debts due to the estate should be paid to the trustee. | |||
| Official Receiver | |||
| Dated this day of . | |||
(L.N. 81 of 1998; L.N. 125 of 2007; 22 of 2023 s. 53)
_
(Repealed L.N. 22 of 1995)
_
Page 1
IN THE COURT OF FIRST INSTANCE OF HONGKONG IN BANKRUPTCYNO. OF .
| Name: ______________________________ | ||||
| STATEMENT OF AFFAIRS (Individual, i.e. non-trading) Please show your financial position as at the date of the Bankruptcy Order by completing all the pages of this form and the attached lists, A, B and C as are applicable, which will then be your Statement of Affairs. You are also required to specify in the relevant list whether or not there is a dispute about any amount due to or by you and, if so, to supply details in a separate sheet which should be signed and attached as part of your Statement of Affairs. | ||||
| AFFIDAVIT OR AFFIRMATION (you need to complete either the affidavit at (i) below or the affirmation at (ii) overleaf, but not both.) (i) Affidavit This Affidavit must be sworn before a Solicitor or Commissioner of Oaths or an officer of the court duly authorised to administer oaths when you have completed the rest of this form. | ||||
| (a)Insert full name, Hong Kong Identity Card No. and occupation (b)Insert full address | I (a) | |||
| of (b) | ||||
| Make oath and say that the attached lists exhibited hereto and marked ______ are to the best of my knowledge and belief a full, true and complete statement of my affairs as at __________ the date of the Bankruptcy Order made against me. | ||||
| Sworn at | ||||
| Date | Signature ____________ | |||
| Before me | ||||
| A Solicitor or Commissioner of Oaths or Duly authorised officer | ||||
| Before swearing the affidavit the Solicitor or Commissioner is particularly requested to make sure that the full name, address and description of the Deponent are stated, and to initial any crossings-out or other alterations in the printed form. A deficiency in the affidavit in any of the above respects will mean that it is refused by the court, and will need to be re-sworn. (Please see overleaf for the Affirmation) | ||||
| Page 2 (ii) Affirmation This Affirmation must be made before a Solicitor or Commissioner of Oaths or an officer of the court duly authorised to administer oaths when you have completed the rest of this form. | ||||
| (a)Insert full name, Hong Kong Identity Card No. and occupation (b)Insert full address | I (a) | |||
| of (b) | ||||
| Solemnly and sincerely affirm that the attached lists exhibited hereto and marked ______________ are to the best of my knowledge and belief a full, true and complete statement of my affairs as at ______________ the date of the Bankruptcy Order made against me. | ||||
| Affirmed at | ||||
| Date | Signature ____________ | |||
| Before me | ||||
| A Solicitor or Commissioner of Oaths or Duly authorised officer Before making the affirmation the Solicitor or Commissioner is particularly requested to make sure that the full name, address and description of the Deponent are stated, and to initial any crossings-out or other alterations in the printed form. A deficiency in the affirmation in any of the above respects will mean that it is refused by the court, and will need to be re-affirmed. | ||||
| SUMMARY OF STATEMENT OF AFFAIRS | |||||
| List Reference | Particulars | Amount $ | |||
| ASSETS | |||||
| A | (1) Various assets | ||||
| B | (2) Excess value of assets pledged as security to creditors fully secured | ||||
| (3) Total Assets, i.e. total of items (1) and (2) above | |||||
| LIABILITIES | |||||
| B | (4) Secured creditors (net of security) — i.e. after deducting the amount of the security | ||||
| C | (5) Unsecured creditors | ||||
| (6) Total Liabilities, i.e. total of items (4) and (5) above | |||||
| (7) Surplus/(Deficiency), i.e. total assets in item (3) less total liabilities as in item (6) | |||||
| $ | |||||
| Signature | Date | ||||
VARIOUS ASSETS
| Please detail all your assets which may be of value (if necessary, use the space in section (j) below to provide details in respect of any of the items at (a) to (i) below; and/or attach additional sheet(s) if the space in section (j) is not adequate; and complete item (k) below). | Estimated to produce $ | ||||
| (a) | Cash at bank | ||||
| (specify the name of the bank(s) and all account numbers) | |||||
| (b) | Land and buildings | Cost $ | |||
| (location and address) | |||||
| (c) | Household furniture and belongings | ||||
| (d) | Life assurance policies | ||||
| (policy number(s) and insurance companies) | |||||
| (e) | Money owed to you | ||||
| (please provide name and address of debtor and nature of debt) | |||||
| (f) | Investments in stocks and shares | Cost $ | |||
| (please provide details) | |||||
| (g) | Motor vehicles | Cost $ | |||
| (please provide details) | |||||
| (h) | Sums due to you from the estate of a deceased person | ||||
| (please provide details) | |||||
| (i) | Any other assets | ||||
| (j) | Supplementary Information (specify here also, if applicable, the particulars of any property held by or in the name of *husband/*wife/*concubine or under any alias or in a t’ong name or in trust for you) | ||||
| Show the total under “Assets”, item (1) in the Summary of Statement of Affairs $ | |||||
| (k) | *_additional sheets are attached/No additional sheets are attached.* (specify no.) | ||||
| Signature | Date | ||||
| (*delete the inapplicable words) | |||||
| LIST BSECURED CREDITORS (either fully or partly secured) /EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS | ||||||||||||||
| Does any creditor of yours hold or claim any item(s) of your property? | Yes□ | No□ | ||||||||||||
| If “YES” give details below: | ||||||||||||||
| (i) No. | (ii) Name of creditor or claimant | (iii) Address | (iv) Amount owed to creditor $ | (v) Specify the asset being held or claimed or pledged as security | (vi) Date when security given | (vii) Estimated when of the asset in column (v) $ | (viii) Estimated excess, i.e. (vii) less (iv) $ | (ix) Net indebtedness i.e. (iv) less (vii) $ | ||||||
| 1. | ||||||||||||||
| 2. | ||||||||||||||
| 3. | ||||||||||||||
| 4. | ||||||||||||||
| 5. | ||||||||||||||
| 6. | ||||||||||||||
| 7. | ||||||||||||||
| 8. | ||||||||||||||
| 9. | ||||||||||||||
| 10. | ||||||||||||||
| 11. | ||||||||||||||
| 12. | ||||||||||||||
| 13. | ||||||||||||||
| 14. | ||||||||||||||
| 15. | ||||||||||||||
| Show the total of column (viii) under “Assets”, item (2) in the Summary of Statement of Affairs $ | ||||||||||||||
| Show the total of column (ix) under “Liabilities”, item (4) in the Summary of Statement of Affairs $ | ||||||||||||||
| Signature | Date | |||||||||||||
UNSECURED CREDITORS
| (i) No. | (ii) Name of creditor or claimant | (iii) Address | (iv) Amount the creditor claims you owe him/her $ | (v) Amount you consider as owed to the creditor $ | ||
| 1. | ||||||
| 2. | ||||||
| 3. | ||||||
| 4. | ||||||
| 5. | ||||||
| 6. | ||||||
| 7. | ||||||
| 8. | ||||||
| 9. | ||||||
| 10. | ||||||
| 11. | ||||||
| 12. | ||||||
| 13. | ||||||
| 14. | ||||||
| 15. | ||||||
| Show the total of column (v) under “Liabilities”, item (5) in the summary of Statement of Affairs | ||||||
| Signature | Date | |||||
(L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)
_
Page 1
IN THE COURT OF FIRST INSTANCE OF HONG KONGIN BANKRUPTCYNO. of .
| Full Name | : |
| Hong Kong Identity Card No. | : |
| Trading as | : |
STATEMENT OF AFFAIRS
Please complete this Statement of Affairs and such of the attached lists A, B, C, D and E as are applicable in order to show the state of your affairs on the day on which the Bankruptcy Order was made against you, viz., the _ day of _ . You are also required to specify in the relevant list whether or not there is a dispute about any amount due to or by you and, if so, to supply details in a separate schedule which should be signed and attached as part of your Statement of Affairs. Such completed schedules will constitute your Statement of Affairs, and must be verified by oath, declaration or affirmation (please see note below).
| List Reference | Particulars | Amount $ | |||
| ASSETS | |||||
| A | (1) Various assets | ||||
| B | (2) Debts receivable | ||||
| C | (3) Excess value of assets pledged as security to creditors fully secured | ||||
| (4) Total Assets, i.e. total of items (1) and (3) above | |||||
| LIABILITIES | |||||
| D | (5) Claims and amounts due to employees and Government departments | ||||
| C | (6) Secured creditors (net of security) — i.e. after deducting the amount of the security | ||||
| E | (7) Unsecured creditors and other liabilities (including contingent liabilities) | ||||
| (8) Total Liabilities, i.e. total of items (5) to (7) above | |||||
| (9) Surplus/(Deficiency), i.e. total assets as in item (4) less total liabilities as in item (8) above | |||||
| $ | |||||
Continued Overleaf/.
| Page 2 AFFIDAVIT OR AFFIRMATION—(The format is set out below and you need to complete either the affidavit at (i) or the affirmation at (ii), but not both.) Before swearing the affidavit or making the affirmation, the Solicitor or Commissioner is particularly requested to make sure that the full name, address and description of the Deponent are stated, and to initial any crossings-out or other alterations in the printed form. A deficiency in the affidavit/affirmation in any of the above respects will mean that it is refused by the court, and will need to be re-sworn. | ||||
| (i) Affidavit This Affidavit must be sworn before a Solicitor or Commissioner of Oaths or an officer of the court duly authorised to administer oaths when you have completed the rest of this form. | ||||
| (a)Insert full name, Hong Kong Identity Card No. and occupation (b)Insert full address | I (a) | |||
| of (b) | ||||
| Make oath and say that the foregoing Statement and attached lists exhibited hereto and marked ____________ are to the best of my knowledge and belief a full, true and complete statement of my affairs as at____________the date of the Bankruptcy Order made against me. | ||||
| | ||||
| Sworn at | ||||
| Date | Signature __________ | |||
| Before me | ||||
| (ii) Affirmation This Affirmation must be made before a Solicitor or Commissioner of Oaths or an officer of the court duly authorised to administer oaths when you have completed the rest of this form. | ||||
| (a)Insert full name, Hong Kong Identity Card No. and occupation (b)Insert full address | I (a) | |||
| of (b) | ||||
| Solemnly and sincerely affirm that the foregoing Statement and attached lists exhibited hereto and marked ________are to the best of my knowledge and belief a full, true and complete statement of my affairs as at________the date of the Bankruptcy Order made against me. | ||||
| Affirmed at | ||||
| Date | Signature __________ | |||
| Before me | ||||
VARIOUS ASSETS
| Full particulars of every description of assets not included in any other lists should be specified in this list. If the space allotted to items (a) to (j) below is not adequate, please provide the requisite information by attaching additional schedule(s) and completing item (l) below. | ||||||
| Particulars | Estimated to produce $ | |||||
| (a) | Cash at bank (Please specify the name(s) of the bank(s) and all account numbers) | |||||
| (b) | Cash in hand | |||||
| (c) | Cash deposit held by solicitor or any other person | |||||
| (name of solicitor or person) | ||||||
| (d) | Land and buildings in your name or in the name of your *husband/ *wife/ *concubine (Location and address) | Cost $ | ||||
| (e) | Stock in trade | Cost $ | ||||
| (f) | Plant and machinery | Cost $ | ||||
| (g) | Life assurance policies | |||||
| (policy number and insurance company) | ||||||
| (h) | Investment in stocks and shares, etc. | Cost $ | ||||
| (Please provide details) | ||||||
| (i) | Amount due to you from the estate of a deceased person | |||||
| (Please provide details) | ||||||
| (j) | Any other assets | |||||
| (k) | Total (show the total under “Assets” on page 1 of the Statement of Affairs) | $ | ||||
| (l) | * | additional schedule(s) are attached/No additional | ||||
| (specify no.) | ||||||
| schedule(s) are attached.* | ||||||
| Dated this day of . (Signature) | ||||||
| (*delete the inapplicable words) | ||||||
| LIST B DEBTS RECEIVABLE | ||||||||
| (i) No. | (ii) Name of debtor | (iii) Address | (iv) Amount of debt $ | (v) Date when contracted | (vi) Estimated to produce $ | (vii) Folio of ledger or other book where particulars are to be found | (viii) Nature of debt and particulars of any securities held for debt | |
| 1. | ||||||||
| 2. | ||||||||
| 3. | ||||||||
| 4. | ||||||||
| 5. | ||||||||
| 6. | ||||||||
| 7. | ||||||||
| 8. | ||||||||
| 9. | ||||||||
| 10. | ||||||||
| 11. | ||||||||
| 12. | ||||||||
| 13. | ||||||||
| 14. | ||||||||
| 15. | ||||||||
| Totals (show the total of column (vi) under “Assets” on page 1 of the Statement of Affairs) | ||||||||
| Dated this day of . | (Signature) | |||||||
| Notes: | (1) | If you are also indebted to any of the above-mentioned debtor(s), please specify in column (iii) both the amount of your debt due to the debtor and the amount due from the debtor. The net amount due to you by the debtor should be inserted in columns (iv) and (vi). If, however, the amount owed by you to the “debtor” is greater than the amount that the debtor owes you, do not insert any amount in this list but use List E for the purpose. | ||||||
| (2) | To substantiate the amount of debt, copies of the relevant source documents should be attached. | |||||||
| LIST C SECURED CREDITORS (either fully or partly secured) /EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS | |||||||||
| (i) No. | (ii) Name of creditor or claimant | (iii) Address | (iv) Amount owed to creditor $ | (v) Date when contracted | (vi) Particulars of the asset being held or claimed or pledge as security | (vii) Date when security given | (viii) Estimated value of the asset in column (vi) $ | (ix) Estimated excess i.e. (viii) less (iv) $ | (x) Net indebtedness i.e. (iv) less (viii) $ |
| 1. | |||||||||
| 2. | |||||||||
| 3. | |||||||||
| 4. | |||||||||
| 5. | |||||||||
| 6. | |||||||||
| 7. | |||||||||
| 8. | |||||||||
| 9. | |||||||||
| 10. | |||||||||
| 11. | |||||||||
| 12. | |||||||||
| 13. | |||||||||
| 14. | |||||||||
| 15. | |||||||||
| Total amount owed to creditors, i.e. total of column (iv) | Total value of security, i.e. total of column (viii) | ||||||||
| Show the total of column (ix) under “Assets” on page 1 of the Statement of Affairs | |||||||||
| Show the total of column (x) under “Liabilities” on page 1 of the Statement of Affairs | |||||||||
| Dated this day of . | (Signature) | ||||||||
| Note: | If the amount due to the fully-secured creditor (as stated in column (iv) above) is the same as the estimated value of security (as stated in column (viii) above), please specify a “Nil” amount in columns (ix) and (x). If any estimated surplus from security as reflected in column (ix) above is further pledged to any other creditor as partial security, that surplus should be deleted from column (ix) and shown in column (viii) for that other creditor instead. Such surplus should then be deducted from the relevant amount due to that other creditor before extending the amount to either column (ix) or (x), whichever is appropriate. | ||||||||
| LIST D CLAIMS AND AMOUNTS DUE TO EMPLOYEES AND GOVERNMENT DEPARTMENTS (e.g. Wages, Rates, Taxes, etc.) | ||||||
| (i) No. | (ii) Name of creditor or claimant | (iii) Address | (iv) Name of claim | (v) Period during which claim accrued | (vi) Due date for payment | (vii) Amount of claim $ |
| 1. | ||||||
| 2. | ||||||
| 3. | ||||||
| 4. | ||||||
| 5. | ||||||
| 6. | ||||||
| 7. | ||||||
| 8. | ||||||
| 9. | ||||||
| 10. | ||||||
| 11. | ||||||
| 12. | ||||||
| 13. | ||||||
| 14. | ||||||
| 15. | ||||||
| Show the total of column (vii) under “Liabilities” on page 1 of the Statement of Affairs | $ | |||||
| Dated this day of . | (Signature) | |||||
| LIST E UNSECURED CREDITORS AND OTHER LIABILITIES (INCLUDING CONTINGENT LIABILITIES) | ||||||
| (i) No. | (ii) Name of creditor or claimant | (iii) Address | (iv) Amount $ | (v) Date when contracted | (vi) Consideration and the nature of liability | |
| 1. | ||||||
| 2. | ||||||
| 3. | ||||||
| 4. | ||||||
| 5. | ||||||
| 6. | ||||||
| 7. | ||||||
| 8. | ||||||
| 9. | ||||||
| 10. | ||||||
| 11. | ||||||
| 12. | ||||||
| 13. | ||||||
| 14. | ||||||
| 15. | ||||||
| Show the total of column (iv) under “Liabilities” on page 1 of the Statement of Affairs $ | ||||||
| Dated this day of . | (Signature) | |||||
| Notes: | (1) | If any creditor is also indebted to you, please specify in column (iii) both the amount due to the creditor and the amount owed by the creditor. The net amount due by you to the creditor should be inserted in column (iv). If, however, the amount owed to you by the “creditor” is more than the amount that you owe the creditor, do not insert any amount in this list but use List B for the purpose. | ||||
| (2) | The particulars of any bills of exchange and promissory notes held by a creditor should be inserted immediately below the name of such creditor. | |||||
(L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)
_
| Form 28C [s. 10(2)] | ||||
| S A (D P )B O (C 6) | ||||
| Note—These details will be the same as those shown at the top of your petition. | In the ____________In BankruptcyNo.______of______ . | |||
| Re | ||||
| Show your current financial position by completing all the pages of this form which will then be your Statement of Affairs. | ||||
| AFFIDAVIT This Affidavit must be sworn before a Solicitor or Commissioner of Oaths or an officer of the court duly authorized to administer oaths when you have completed the rest of this form. | ||||
| (a) Insert full name, occupation, Hong Kong Identity Card No. (if any) or number and issuing country of any passport. (b) Insert full address. | I, (a) | |||
| , | ||||
| of (b) | ||||
| Make oath and say that several pages exhibited hereto and marked ________ are to the best of my knowledge and belief a full, true and complete statement of my affairs at today’s date. | ||||
| Sworn at | ||||
| Date | Signature(s) __________ | |||
| Before me | ||||
| A Solicitor or Commissioner of Oaths or Duly authorized officer Before swearing the affidavit, the Solicitor or Commissioner is particularly requested to make sure that the full name, address and description of the deponent are stated, and to initial any crossings-out or other alterations in the printed form. A deficiency in the affidavit in any of the above respects will mean that it will be refused by the court, and will need to be re-sworn. | ||||
| LIST ASECURED CREDITORS | ||||||||||||||||
| Is anyone claiming something of yours to clear or reduce his or her claim? | Yes□ | No□ | ||||||||||||||
| If “YES” give details below: | < | |||||||||||||||
| Name of creditor | Address (with postcode) | Amount owed to creditor $ | What of yours is claimed and what is it worth? | |||||||||||||
| 1. | ||||||||||||||||
| 2. | ||||||||||||||||
| 3. | ||||||||||||||||
| 4. | ||||||||||||||||
| Signature | < | |||||||||||||||
| Date | ||||||||||||||||
UNSECURED CREDITORS
| 1 No. | 2 Name of creditor or claimant | 3 Address (with postcode) | 4 Amount the creditor says you owe him/her $ | 5 Amount you think you owe $ | |
| Signature | Date | ||||
ASSETS
| Do you have any bank accounts or an interest in one? If “YES” state where they are, how much is in them and how much is your share. | Yes □ | No □ | |||
| Do you have any business bank accounts, including joint accounts? If “YES” state the name of the accounts, where they are and how much is in them. | Yes □ | No □ | |||
| Do you have any bank deposit accounts or an interest in one? If “YES” state where they are and how much is in them and how much is your share. | Yes □ | No □ | |||
| Signature | Date | ||||
ASSETS
| Do you have any other savings? If “YES” give details. | Yes □ | No □ | |||
| Do you use a motor vehicle? If “YES” who owns it and what is it worth? | Yes □ | No □ | |||
| Have you an interest in any other motor vehicles? If “YES” give details and their value. | Yes □ | No □ | |||
| Signature | Date | ||||
ASSETS
| Now show anything else of yours which may be of value. | $ | |||
| (a) | Household furniture and belongings | |||
| (b) | Life policies | |||
| (c) | Money owed to you | |||
| (d) | Stock in trade | |||
| (e) | Other property | |||
| TOTAL | $ | |||
| Signature | Date | |||
| 1. | State the name, age (if under 18), and relationship to you of your dependants. | |||||||||||
| 1 | 6 | |||||||||||
| 2 | 7 | |||||||||||
| 3 | 8 | |||||||||||
| 4 | 9 | |||||||||||
| 5 | 10 | |||||||||||
| 2. | Has distress been levied against you by or on behalf of any creditor? | Yes □ | No □ | |||||||||
| If “YES” give details below— | ||||||||||||
| Name of creditor | Amount of claim $ | Date Distress levied | Description and estimated value of property seized | |||||||||
| Signature | Date | |||||||||||
| 3. | At the date you present your bankruptcy petition, is any court judgment or other legal process outstanding against you that has been made by any court in Hong Kong? If “YES” give details below— | Yes □ | No □ | |||||||||||
| Name of creditor | Amount of claim $ | Type and date of process issued | Description and estimated value of any property seized | |||||||||||
| 4. | At the date you present your bankruptcy petition, is any income payments order in force against you? If “YES” give details below— | Yes □ | No □ | |||||||||||
| Name of creditor | Date of order | Court | Amount of instalment payable under order (per month/week) $ | Total amount paid under order $ | Date order expires (if applicable) | |||||||||
| Signature | Date | |||||||||||||
| 5(a) | Have you, before you presented your petition, tried to come to any agreement with your creditors generally for payment of your debts? | Yes □ | No □ | ||||
| (b) | If the answer to 5(a) is “YES”, what terms were offered to the creditors— | ||||||
| (1) | time for repayment | ||||||
| (2) | percentage amount receivable by creditors | ||||||
| (3) | when was the offer made? | ||||||
| (c) | Did the attempt fail because the creditors refused to accept the terms offered? | Yes □ | No □ | ||||
| If “NO” why did it fail? | |||||||
| 6. | Do you think that you will be able to introduce a voluntary arrangement for your creditors under the Bankruptcy Ordinance (Chapter 6), which is likely to be acceptable to them? | Yes □ | No □ | ||||
| If “YES” give brief details | |||||||
| Signature | Date | ||||||
| LIST G STATEMENT OF MEANS (List below all items of regular “monthly” income and expenditure) | |||
| Items of income | $ | Items of expenditure | $ |
| This page shows that I will now be able to pay creditors $ _ a month. | |||
| Signature _ Date _ | |||
STATEMENT OF RECENT AND EXPECTED INCOME
Include in the table below details of your gross income in the past 12 months and your estimated gross income for the next 12 months.Gross income is the amount of your income before any deductions, including tax, are made.
Ensure that you include all income details as any details left out may affect your ability to obtain an early discharge.
| Source of Income | Income last 12 months | Estimated income next 12 months |
| Gross Wages and Salary before income tax is deducted (including overtime & penalty rates) | ||
| ‧ ‧ | $ $ | $ $ |
| Drawings from Business if self-employed | $ | $ |
| Government Pensions, Benefits & Allowances (Specify type) | ||
| ‧ ‧ ‧ | $ $ $ | $ $ $ |
| Payments from Retirement or Approved Deposit, Provident Funds (Specify type) | ||
| ‧ ‧ | $ $ | $ $ |
| Lump Sum payment on termination of employment | $ | $ |
| Income from deceased estate or trust | $ | $ |
| Income from Investments (Specify type) ‧Interest ‧Dividends ‧Insurance policies ‧ ‧ | $ $ $ $ $ | $ $ $ $ $ |
| Money from any other allowances, benefits or sources not mentioned above (Specify source & type) | ||
| ‧ ‧ ‧ | $ $ $ | $ $ $ |
| TOTAL | $ | $ |
_
| Form 29 [rules 99A & 99D] | ||||
| N C G M C (Title) | ||||
| (a) Delete as applicable. | A meeting of creditors has been summoned by the (a) [provisional trustee][trustee] | |||
| (b) Insert relevant section. | (a) | [at the request of a creditor under section (b) | ||
| of the Bankruptcy Ordinance (Chapter 6)] for the purpose of— The meeting will be held as follows— | ||||
| Date | ||||
| Time | hours | |||
| Place | ||||
| (c) Insert date and time by which proxy is to be lodged, which should not be more than 24 hours before the date fixed for the meeting. | The forms of general and special proxy are enclosed, one of which must be lodged with me not later than (c) ________________ to entitle you to vote by proxy at the meeting (together with a completed proof of debt form if you have not already lodged one). | |||
| Dated this day of . Provisional trustee/Trustee [address] | ||||
| | ||||
| Note—Insert any further details which by the nature of the meeting need to be stated. | ||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
(Repealed L.N. 81 of 1998)
_
| Form 32 [s. 17] | |||
| N (Title) | |||
| Take notice that the meeting of creditors in the above matter held on the day of at was adjourned to the day of and will accordingly be held at on the said day at o’clock in the noon. Agenda[Insert here nature of business to be transacted] | |||
| Dated this day of . | |||
| Trustee | |||
_
| Form 33 [rule 105] | ||||
| A (Title) | ||||
| I, , [insert description], make oath and say as follows— | ||||
| (a) Insert here if necessary “adjourned”. | 1. That I did, on the day of , send to each creditor mentioned in the bankrupt’s statement of affairs, and to the above-named bankrupt, a notice of the time and place of the (a) general meeting of creditors. 2. That such notices were addressed to the said creditors respectively, according to their respective names and addresses appearing in the statement of affairs of the said bankrupt, and also to the said bankrupt at 3. That the post office acknowledgment for the same is hereunto annexed and marked “A”. | |||
| Sworn at, etc. | ||||
| (Signature) | ||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 34 [rule 105] | ||||
| C (Title) | ||||
| I, , [insert description], hereby certify— | ||||
| (a) Insert here if necessary “adjourned”. | 1. That I did, on the day of , send to each creditor mentioned in the bankrupt’s statement of affairs, a notice of the time and place of the (a) general meeting of creditors. 2. That such notices were addressed to the said creditors respectively according to their respective names and addresses appearing in the statement of affairs of the said bankrupt. 3. That the post office acknowledgment for the same is hereunto annexed and marked “A”. | |||
| 4. That I did on the said day of , send by registered post notice of the time and place of the said meeting to the said bankrupt, and that such notice was sent to the following address— Dated this day of . | ||||
| (Signature) | ||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 35 [rule 100] | ||||
| N (Title) | ||||
| Take notice that the general meeting of your creditors will be held on the day of , at o’clock at and that you are required to attend thereat and submit to such examination and give such information as the meeting may require. And further, take notice that if you fail to comply with the requirements of this notice you will be guilty of a contempt of court and may be punished accordingly. | ||||
| Dated this day of . | ||||
| Provisional trustee To: the above-named bankrupt | ||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
(Repealed L.N. 81 of 1998)
_
| Form 37 [rule 107] | ||||
| M (Title) | ||||
| Meeting held at on the day of , at o’clock. | ||||
| (a) Here state reason for adjournment. | Memorandum—A meeting of creditors in the above matter was held at the time and place above-mentioned, and the several proofs of debt lodged were produced; but it appearing that (a) the meeting was adjourned until the day of , at o’clock in the noon, then to be held at the same place. | |||
| Chairman | ||||
_
| Form 38 | ||||
| M (Title) | ||||
| Meeting held at on the day of , at o’clock. | ||||
| Memorandum—The adjourned meeting of creditors in the above matter was held at the time and place above-mentioned, and the several proofs of debt lodged were produced; but it appearing that there was not a quorum of creditors qualified to vote present or represented no resolution was passed, and the meeting was not further adjourned. | ||||
| Chairman | ||||
_
| Form 39 [s. 17B & rule 100] | ||||
| O (Title) | ||||
| Upon the application of C.D., of , it is ordered that the trustee of the property of the bankrupt [or the provisional trustee] do summon a meeting of the creditors of the bankrupt to be held at on the day of , at o’clock in the noon [here state the purpose for which meeting called]. | ||||
| Dated this day of . | ||||
| Registrar | ||||
_
| Form 40 [rule 99E] | ||||
| N (Title) | ||||
| Take notice that a meeting of creditors in the above matter will be held at on the day of , at o’clock in the noon. (Forms of general and special proxy are enclosed herewith) | ||||
| [Here insert purpose for which meeting called.] | Agenda Dated this day of . | |||
| Trustee | ||||
_
(Repealed L.N. 81 of 1998)
_
| Form 43 [rule 99E] | ||||
| N (Title) | ||||
| At the request of one-fourth in value of the creditors of the bankrupt a general meeting of the creditors is hereby summoned to be held at on the day of , at o’clock in the noon for the purpose of considering the propriety of removing G.H., the trustee of the property of the bankrupt, from his office as such trustee, and in the event of his removal to appoint a person to fill the vacancy. Dated this day of . | ||||
| L.M., | ||||
| A member of the Creditors’ Committee [or Official Receiver] | ||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 44 [rule 99E] | ||||
| N (Title) | ||||
| I, C.D., Official Receiver, hereby give you notice that a meeting of creditors will be held at on the day of , at o’clock in the noon, for the purpose of appointing a trustee in the place of the late trustee, who has resigned the office [or who has died or against whom a bankruptcy order has been made]. Dated this day of . | ||||
| Official Receiver | ||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 45 [rule 2] | ||||
| L T (Title) | ||||
| Meeting held at this day of . | ||||
| Number | Names of creditors present or represented | Amount of proof | ||
| 1 2 3 4 5 6 7 | $ | ¢ | ||
| 7 | Total number of creditors present or represented | |||
_
Form 46A
[rule 109]PROOF OF DEBT—GENERAL FORM
IN THE COURT OF FIRST INSTANCE OF HONG KONG IN BANKRUPTCYNo. of
| Except in the case of claims for wages or salary, where the debt proved for exceeds $250 a fee of $15 must be paid hereon otherwise the proof cannot be admitted. | Re: |
| Date of Bankruptcy Order | |||
| 1 | Name of Creditor | ||
| 2 | Address of Creditor | ||
| 3 | Total amount of claim, including any outstanding uncapitalised interest as at the date of the bankruptcy order | (Analysis of claim can be supplied on separate sheet signed by creditor or person authorized to act on his behalf) $ | |
| 4 | Details of any documents by reference to which the debt can be substantiated [Note: Either the originals or copies of documentary evidence should be submitted. Bills of exchange or other negotiable securities must be produced before the proof can be admitted. The trustee may call for any document or evidence to substantiate the claim at his discretion.] | ||
| 5 | If total amount above includes outstanding uncapitalised interest please state amount | ||
| 6 | Particulars of how and when debt incurred | ||
| 7 | Particulars of any security held, the value of the security, and the date it was given | ||
| 8 | I hereby declare that the particulars set out in this Proof of Debt are, to the best of my knowledge and belief, true and correct. | ||
| Signature of creditor or person authorized to act on his behalf | | ||
| Name in BLOCK LETTERS | | ||
| Position with or relation to creditor and means of knowledge of the matters declared therein | | ||
| Warning: A person convicted of making a false statement in respect of a proof of debt shall be liable to a fine and imprisonment for 2 years. | |||
| Admitted to vote for $ Date Trustee | |||
| Admitted preferentially for $ Date Trustee | |||
| Admitted non-preferentially for $ Date Trustee | |||
| To be returned to the trustee. | |||
| Note: The proof cannot be admitted for voting at the general meeting of creditors unless it is properly completed and lodged with the trustee not later than 24 hours before the time specified in the notice convening the meeting. | |||
(L.N. 223 of 1992; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)
_
| Form 46B [rule 109] | |||||
| AFFIDAVIT OF DEBTIN THE COURT OF FIRST INSTANCE OF HONGKONG IN BANKRUPTCYNo.(a) of | |||||
| Re: (a) I, (b) , of make oath and say— | (a) Here insert the number of matter, and the name of debtor, as given on the notice of meeting. (b) Fill in full name, address and occupation of deponent. | ||||
| (1)(c) That I am (d) of the under-mentioned creditor, and that I am duly authorized by (e) to make this affidavit, and that it is within my own knowledge that the debt hereinafter deposed to was incurred and that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied. (2) That the said was/were, at the date of the bankruptcy order, viz., the day of , and still is/are justly and truly indebted to (f) in the sum of dollars as shown in the proof of debt exhibited hereto marked “A”. | (c) If proof made by creditor personally strike out clause (1). (d) State capacity, e.g. director, secretary, solicitor etc. (e) State full name and address of creditor. (f) Insert “me” or in case of a firm “me and C.D. and E.F., my co-partners trading as”, or if by clerk or agent etc. insert name, address and description of principal. | ||||
| Debt . $ : _ | |||||
| Sworn at this day of | } | [Deponent’s Signature] | |||
| Before me, | |||||
| [Notary Public/ Commissioner for Oaths/ other authorized person†] | |||||
| † Delete as appropriate. | |||||
| Warning: A person convicted of making a false statement in respect of a proof of debt shall be liable to a fine and imprisonment for 7 years. | |||||
| To be returned to the trustee. | |||||
(L.N. 223 of 1992; 47 of 1997 s. 10; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)
_
| Form 47 [rule 109] | |||
| P (Title) | |||
| I, , of , make oath and say— 1. The said was adjudicated a bankrupt on , and I am the trustee under such bankruptcy. | |||
| 2. There was at the date of the bankruptcy [or administration] order herein, namely, the day of , and still is an unsatisfied balance of the debts provable in the foresaid bankruptcy, of which I am trustee, amounting to $ as shown in the statement endorsed hereon [or annexed hereto and marked “A”]. | |||
| 3. I claim to prove in the present bankruptcy for the said amount. Sworn, etc. Before me, Admitted to vote for $ the day of . | |||
| Trustee Admitted to rank for dividend for $ this day of . Trustee | |||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 48 [rule 110] | ||||||||
| P (Title) | ||||||||
| (a) Fill in full name, address and occupation of deponent. (b) the above-named debtor or the supervisor of the above-named debtor or on behalf of the employees and others employed by the above-named debtor. (c) I or the said. (d) my employ or the employ of the above-named debtor. (e) me or the above-named debtor. | I, (a) , of (b) , make oath and say— 1. That (c) at the date of the bankruptcy order, viz. the day of , and still justly and truly indebted to the several persons whose names, addresses and descriptions appear in the schedule endorsed hereon in sums severally set against their names in the sixth column of such schedule for wages due to them respectively as employees or others in (d) in respect of services rendered by them respectively to (e) during such periods before the date of the bankruptcy order as are set out against their respective names in the fifth column of such schedule, for which said sums, or any part thereof, I say that they have not, nor hath any of them, had or received any manner of satisfaction or security whatsoever. Sworn, etc., (Signature) | |||||||
| S referred to on the other side | ||||||||
| 1 No. | 2 Full name of employee | 3 Address | 4 Description | 5 Period over which wages due | 6 Amount due | |||
| $ | ¢ | |||||||
_
| Form 49 [rules 114 & 115] | ||||
| N (Title) | ||||
| (a) If proof wholly rejected strike out words underlined. | Take notice, that, as the trustee of the above estate, I have this day rejected your claim against such estate (a) [to the extent of $ ] on the following grounds— | |||
| (b) 21 days or 7 days as the case may be. See Rules 117 and 123(2). | And further take notice that if you are dissatisfied with my decision in respect of your proof you may apply to the court to reverse or vary the same, but subject to the power of the court to extend the time, no application to reverse or vary my decision in rejecting your proof will be entertained after the expiration of (b) days from this date. Dated this day of . | |||
| Trustee To | ||||
_
| Form 50 [s. 86B(1)(c)] | ||||
| G (Title) | ||||
| (a) If a firm write “we” instead of “I” and set out the full name of the firm. (b) Here insert either “Mr. of , a clerk, manager etc., in my regular employ,” or “Mr. of , my solicitor,” or “the trustee”. The standing of the person appointed must be clearly set out. | I, (a) of , a creditor, hereby appoint (b) to be (c) general proxy in the above matter [excepting as to the receipt of dividend (d)]. | |||
| Dated this day of . | ||||
| (Signed) (e) (Signature of witness) (Address) | ||||
| (c) “my” or “our”. (d) See footnote 1. (e) If a firm, sign the firm’s trading title, and add “by A.B., a partner in the said firm”. As to signature by agent, see footnotes 2 and 3. | NOTES 1. When the creditor desires that his general proxy should receive dividends he should strike out the words, “excepting as to the receipt of dividend”, putting his initials thereto (f). 2. The authorized agent of a corporation may fill up blanks, and sign for the corporation thus— For the Company, Limited. J.S. (duly authorized under the seal of the company) 3. A proxy given by a creditor may be filled up and signed by any person in the employ of the creditor having a general authority in writing to sign for such creditor. Such person shall sign— | |||
| J.S. (duly authorized by a general authority in writing to sign on behalf [name of creditor]) (g) | ||||
| (f) It is not intended that the trustee shall in any case receive dividends on behalf of a creditor. (g) The trustee may require the authority to sign to be produced for his inspection. | Certificate to be signed by person other than creditor filling up the above proxy I, , of , being a [here state whether clerk or manager in the regular employment of the creditor or a commissioner to administer oaths in the Court of First Instance], hereby certify that all insertions in the above proxy are in my own handwriting, and have been made by me at the request of the above-named and in his presence, before he attached his signature [or mark] hereto. Dated this day of . (Signature) | |||
| The proxy must be lodged with the trustee not later than 24 hours before the time appointed for the meeting at which it is to be used. | ||||
(G.N.A. 124 of 1955; 25 of 1998 s. 2; L.N. 125 of 2007)
_
| Form 51 [s. 86B(1)(c)] | ||||
| S (Title) | ||||
| (a) If a firm, write “we” instead of “I” and set out the full name of the firm. (b) Here insert either “Mr. of ,” or “the trustee”. | I, (a) of , a creditor, hereby appoint (b) as (c) proxy at the meeting of creditors to be held on the day of , or at any adjournment thereof, to vote (d) . | |||
| Dated this day of . | ||||
| (Signed) (e) (Signature of witness) (Address) | ||||
| (c) “my” or “our”. (d) Here insert the word “for” or the word “against” as the case may require, and specify the particular resolution or name of proposed trustee, remuneration, or other matter. (e) If a firm, sign the firm’s trading title, and add “by A.B., partner in the said firm”. As to signature by agent see footnotes 2 and 3. (f) The trustee may require the authority to sign to be produced for his inspection. | NOTES 1. A creditor may give a special proxy to any person to vote at any specified meeting or adjournment thereof on all or any of the following matters— (a) for or against any specific proposal for a voluntary arrangement; (b) for or against the appointment of any specified person as trustee or as member of the Creditors’ committee, or for or against the continuance in office of any specified person, as trustee or member of a Creditors’ committee; (c) on all questions relating to any matter, other than those above referred to, arising from any specified meeting or adjournment thereof. 2. The authorized agent of a corporation may fill up blanks, and sign for the corporation thus— For the Company, Limited. J.S. (duly authorized under the seal of the company) 3. A proxy given by a creditor may be filled up and signed by any person in the employ of creditor having a general authority in writing to sign for such creditor. Such person shall sign— J.S. (duly authorized by a general authority in writing to sign on behalf [name of creditor]) (f) | |||
| Certificate to be signed by person other than creditor filling up the above proxy I, , of , being a [here state whether clerk or manager in the regular employment of the creditor or a commissioner to administer oaths in the Court of First Instance], hereby certify that all insertions in the above proxy are in my own handwriting, and have been made by me at the request of the above-named and in his presence before he attached his signature [or mark] hereto. Dated this day of . (Signature) | ||||
| The proxy must be lodged with the trustee not later than 24 hours before the time appointed for the meeting at which it is to be used. | ||||
(G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)
_
| Form 52 [s. 19] | |||||
| A O R T an O A S P E B | |||||
| (a) Insert the name and address of the bankrupt. | Let (a) | ||||
| attend before | as follows— | ||||
| Date | |||||
| Time | hours | ||||
| Place | |||||
| on the hearing of an application by the Official Receiver or trustee for an order that the bankrupt be publicly examined in court pursuant to section 19 of the Bankruptcy Ordinance (Chapter 6) at such time and place as the court shall direct and that the bankrupt shall attend such public examination. Dated this day of . | |||||
| Official Receiver or Trustee | |||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 53 [s. 19] | |||
| O A P E B | |||
| Upon the application of the Official Receiver or Trustee And upon hearing And upon reading the evidence It is ordered that the bankrupt be publicly examined pursuant to section 19 of the Bankruptcy Ordinance (Chapter 6) as follows— | |||
| Date | |||
| Time | hours | ||
| Place | |||
| And it is ordered that the bankrupt shall attend at the time and place above-mentioned for such purpose. Dated this day of . Registrar | |||
| WARNING TO BANKRUPT: If you fail without reasonable excuse to attend your public examination at the time and place set out in the order, you will be liable to be committed to prison without further notice. In addition, if you commit perjury during your examination, you will be liable on conviction to imprisonment for 7 years and a fine. | |||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 54 [s. 19 & rule 86] | |||
| N (Title) | |||
| Notice is hereby given that the court has appointed day, the day of , at o’clock in the noon, for Proceeding with the public examination of the above-named bankrupt, which, on the day of , was adjourned sine die. Dated this day of . | |||
| Official Receiver or Trustee | |||
(L.N. 81 of 1998; L.N. 125 of 2007; 22 of 2023 s. 53)
_
| Form 55 [s. 19 & rule 23] | ||||
| A (Title) | ||||
| Upon the application of the Official Receiver or trustee the court hereby, pursuant to rule 23 of the Bankruptcy Rules, appoints of to take the examination of the said at his public examination this day. Dated this day of . | ||||
| Registrar | ||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 56 [s. 19 & rule 23] | |||
| D (Title) | |||
| Before I, , of , the shorthand writer appointed by the court to take down the examination of the said , do solemnly and sincerely declare that I will truly and faithfully take down the questions and answers put to and given by the said in this matter, and will deliver true and faithful transcripts thereof as the court may direct. Dated this day of . Declared before me at the time and place above-mentioned. | |||
_
| Form 57 [s. 19 & rule 23] | |||
| N (Title) | |||
| Public examination of the bankrupt held this day of , before . | |||
| The above-named bankrupt, being sworn and examined at the time and place above-mentioned, upon the several questions following being put to him, gave the several answers thereto respectively following each question, that is to say— A This is a transcript of the notes of the public examination of , held this day of . Shorthand writer duly appointed under rule 23 or Shorthand writer attached to the Official Receiver’s Office | |||
(G.N.A. 124 of 1955; L.N. 81 of 1998)
_
| Form 58 [s. 19 & rule 23] | |||
| N | |||
| Public examination of the bankrupt held this day of , before . | |||
| The above-named bankrupt, being sworn and examined at the time and place above-mentioned, upon his oath saith as follows— A These are the notes of the examination of , held this day of . Signature of person taking the notes | |||
(G.N.A. 124 of 1955; L.N. 81 of 1998)
_
| Form 59 [s. 19] | |||
| O (Title) | |||
| (a) Insert here word “further” if necessary. | This being the day appointed for the (a) public examination of the above-named , and the said having submitted himself for such examination; now upon hearing the Official Receiver or trustee, and upon hearing and it appearing that . | ||
| [Set out any further order of the court] | It is ordered that the said public examination be adjourned to the day of , at in the noon. And it is further ordered that the said do attend at the court on the said day of , for the purpose of being further examined as to his conduct, dealings, and property. And it is further ordered that the said . | ||
| Date this day of . Registrar | |||
_
(Repealed L.N. 81 of 1998)
_
| Form 62 [s. 19] | |||
| M (Title) | |||
| Memorandum — That I, the above-named bankrupt, being sworn and examined upon my oath say that the notes of my public examination marked “A”, and appended hereto, were read over by or to me and are correct. And I further say that, at the time of this my examination, I have delivered up to the trustee of my estate, all property, estate and effects, and all books, papers and writings relating thereto. | |||
| And I further say that I have made a full disclosure of all my assets and of all my debts and liabilities of whatever kind, and that I have not removed, concealed, embezzled or destroyed any part of my estate, real or personal, nor any books of account, papers or writings relating thereto, with an intent to defraud my creditors or to conceal the state of my affairs. | |||
| [Here insert any special matter] Date this day of . Bankrupt | |||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 63 [s. 19] | |||
| O (Title) | |||
| Whereas the above-named A.B. has duly attended before the court and has been publicly examined as to his conduct, dealings and property; And whereas the court is of opinion that the affairs of the said A.B. have been sufficiently investigated, it is hereby ordered that the examination of the said A.B. is concluded. Date this day of . Registrar | |||
_
| Form 64 [s. 20B] | |||
| O G S P H A I O (Title) | |||
| (a) Insert full name and address of applicant. | Upon the application of (a) And upon hearing And upon reading the evidence | ||
| (b) Insert details of any action, execution or other legal process to be stayed. | It is ordered that (b) | ||
| be stayed over the hearing of the application for an interim order pursuant to section 20 of the Bankruptcy Ordinance (Chapter 6), namely the day of or over any adjournment thereof. Dated this day of . Registrar | |||
_
| Form 65 [rule 122F] | ||||||
| I O C S B O (C )(Title) | ||||||
| (a) Insert full name and address of applicant. | Upon the application of (a) And upon hearing And upon reading the evidence | |||||
| (b) Delete as applicable. | (b) [And upon the application of , the nominee, for an extension of the period for which the interim order shall have effect pursuant to section 20D(4) of the Bankruptcy Ordinance (Chapter 6)] | |||||
| (c) 14 days unless an extension is granted on the application of the nominee. | It is ordered that during the period of (c) _ days beginning with the day after the date of this order and during any extended period for which this interim order has effect— | |||||
| (d) Insert debtor’s name. | (i) | no bankruptcy petition relating to the above-named (d) | ||||
| (the debtor) may be presented or proceeded with; and | ||||||
| (ii) | no other proceedings, and no execution or other legal process, may be commenced or continued against the debtor or his property except with the leave of the court. | |||||
| (e) Date to be 2 business days before the day on which the report is to be considered. | And it is ordered that the report of the nominee be submitted and delivered by him to the court not later than (e) [And it is ordered that (f) And it is ordered that | |||||
| (f) Insert details of any orders made under section 20C(3) and (4) of the Bankruptcy Ordinance (Chapter 6). | ||||||
| (g) Delete if debtor is not a bankrupt or if he is a bankrupt but the applicant is the Official Receiver. | (g) [And it is ordered that the applicant forthwith serve a copy of this order on the Official Receiver.] | |||||
| Date | ||||||
| Time | hours | |||||
| Place | ||||||
| to be appointed for consideration of the nominee’s report. | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 66 [rule 122F(4)] | |||||
| O E E I O (Title) | |||||
| (a) Insert full name and address of applicant. | Upon the application of (a) And upon hearing And upon reading the evidence | ||||
| (b) Insert date of filing. | And the court having this day considered the report of the nominee submitted pursuant to section 20D of the Bankruptcy Ordinance (Chapter 6) and filed on (b) _. | ||||
| (c) Insert date. | It is ordered that the period for which the interim order made on (c) _ has effect be extended to (c) _ to enable a meeting of the debtor’s creditors to be summoned to consider the debtor’s proposals, such meeting as proposed by the nominee to be held on— | ||||
| (d) Date to be not less than 14 days from date of filing of report under rule 122J of the Bankruptcy Rules (Cap. 6 sub. leg. A) nor more than 28 days from date of consideration of report under rule 122L of the Bankruptcy Rules (Cap. 6 sub. leg. A). | Date | (d) | |||
| Time | hours | ||||
| Place | |||||
| And it is ordered that this application be adjourned to— | |||||
| Date | |||||
| Time | hours | ||||
| Place | |||||
| for consideration of the report of the chairman of the Creditors’ meeting. | |||||
| Dated this day of . | |||||
| Registrar | |||||
_
| Form 67 [ss. 20G, 20H & 20I] | ||||||
| A O M H C C R (Title) | ||||||
| (a) Insert full name and address of applicant. | Upon the application of (a) And upon hearing | |||||
| (b) Delete as applicable. | (b) [And upon reading the report of the chairman of the Creditors’ meeting that the said meeting had [approved the proposed voluntary arrangement with or without modifications] [declined to approve the debtor’s proposal with or without modifications.]] | |||||
| [It is ordered that this application be [adjourned generally with liberty to restore] [adjourned to the day of to enable an application to be made to extend the time for filing the report of the chairman of the Creditors’ meeting.]] [And it is ordered that the time for filing the said report be extended to this day.] And whereas— | ||||||
| (i) | on the day of a bankruptcy petition No. of was filed by against the above-named (the debtor); and | |||||
| (ii) | by virtue of section 20H(3) of the Bankruptcy Ordinance (Chapter 6) the said petition is deemed, unless the court otherwise orders, to have been dismissed. | |||||
| The court makes no further order save that— | ||||||
| (i) | the registration of the petition as a pending action at the Land Registry on under Reference No. PA may be vacated upon the application of the debtor under the Land Registration Ordinance (Chapter 128); | |||||
| (c) Insert any other orders made in respect of the petition. | (ii) | (c) | ||||
| Dated this day of . NOTICE TO DEBTOR—(Where voluntary arrangement approved and there is a pending petition which is deemed to be dismissed). It is your responsibility and in your interest to ensure that the registration of the petition at the Land Registry is cancelled. | ||||||
_
(Repealed L.N. 81 of 1998)
_
| Form 79 [s. 33 & rule 80] | ||||||
| A (Title) | ||||||
| (a) Delete as appropriate. | I, R.S., of , being interested in this matter [or I, , Official Receiver/trustee (a)] do hereby make application to the court that the bankruptcy order against A.B. be annulled [here state grounds of application]. | |||||
| Dated this day of . (Signature) | ||||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 80 [rule 12] | ||||||
| O (Title) | ||||||
| (a) Delete as appropriate. | On the application of R.S., of , [or On the application of the Official Receiver/trustee (a)], and on reading and hearing , it is ordered that the bankruptcy order dated against A.B., of , be and the same is hereby annulled. | |||||
| Dated this day of . Registrar | ||||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 81 [rule 88] | ||||||
| O S D S 30A(3) B O (C 6)(Title) | ||||||
| (a) Insert date. | in chambers Upon the application of the Official Receiver or trustee and after taking into consideration his report filed on (a) as to the above-named bankrupt’s conduct during the proceedings under the bankruptcy. | |||||
| And upon hearing And upon reading the evidence And a bankruptcy order having been made against the above-named bankrupt on (a) | ||||||
| (b) Delete as applicable. (c) State briefly in what respect the bankrupt has failed to comply with his obligations. | And it appearing to the court that the bankrupt (b) [has failed] [is failing] to comply with his[her] obligations under the Bankruptcy Ordinance (Chapter 6) namely (c) | |||||
| (d) Insert period for which discharge is to be suspended. | It is ordered that the relevant period for the purposes of section 30A of the Bankruptcy Ordinance (Chapter 6) shall cease to run (b) [for a period of (d)]. Dated this day of . Registrar | |||||
_
| Form 82 [s. 30A(4)] | |||||||
| N I O B D S 30A(4) B O (C 6)(Title) | |||||||
| (a) Insert name of creditor or trustee. (b) Delete any paragraph which is not applicable. | TAKE notice that I, (a) ____________________, intend to object to the bankrupt’s discharge on one or more of the following grounds— | ||||||
| (i) | in the case of a discharge to which section 30A(2)(a) of the Bankruptcy Ordinance (Chapter 6) applies, that the bankrupt is likely within 5 years of the commencement of the bankruptcy to be able to make a significant contribution to his[her] estate; | ||||||
| (ii) | that the discharge of the bankrupt would prejudice the administration of his[her] estate; | ||||||
| (iii) | that the bankrupt has failed to co-operate in the administration of his[her] estate; | ||||||
| (iv) | that the conduct of the bankrupt, either in respect of the period before or the period after the commencement of the bankruptcy, has been unsatisfactory; | ||||||
| (v) | without limiting section 30A(4)(c) or (d) of the Bankruptcy Ordinance (Chapter 6), that the bankrupt has departed from Hong Kong and has failed forthwith to return to Hong Kong following a request to do so from the trustee; | ||||||
| (vi) | that the bankrupt has continued to trade after knowing himself/herself to be insolvent; | ||||||
| (vii) | that the bankrupt has committed an offence under section 129 (fraudulent conduct on the part of the bankrupt) or any of sections 131 to 136 of the Bankruptcy Ordinance (Chapter 6) (obtaining credit, gambling offences, failure to keep proper accounts, absconding with property and concealing oneself to avoid service of bankruptcy proceedings); | ||||||
| (viii) | that the bankrupt has failed to prepare an annual report of his/her earnings and acquisitions for the trustee. | ||||||
| AND THAT I propose to apply for an order under section 30A(3) of the Bankruptcy Ordinance (Chapter 6) suspending the running of the relevant period for the bankrupt’s discharge. | |||||||
| Dated this day of . | |||||||
| Creditor/Official Receiver [or Trustee] | |||||||
_
| Form 82A [s. 30AC] | |||||||
| O N C R P B S 30AC(1) B O (C 6)(Title) | |||||||
| (a) Insert full name of bankrupt. (b) Delete as appropriate. (c) Insert filing date. | On the application of the trustee for a non-commencement order against the above-named (a) _(bankrupt), and after taking into consideration the trustee’s (b) [report][affidavit] filed on (c) _. And on hearing And on reading the evidence | ||||||
| (d) Insert date of bankruptcy order. | And on a bankruptcy order made against the bankrupt on (d) _ | ||||||
| And on an initial interview on a day appointed by the trustee for the administration of the bankrupt’s estate | |||||||
| (e) Delete as appropriate. | And it appearing to the court that (e) [the bankrupt has failed to attend the initial interview] [the bankrupt has attended the initial interview, but failed to provide the trustee at the initial interview with all of the information concerning the bankrupt’s affairs, dealings and property as reasonably required by the trustee] | ||||||
| And it appearing to the court that the administration of the bankrupt’s estate was prejudiced by the failure And it appearing to the court that there is no sufficient cause for a non-commencement order not to be made under section 30AC(1) of the Bankruptcy Ordinance (Chapter 6) (Ordinance). | |||||||
| It is ordered that— | |||||||
| (1) | pursuant to section 30AC(2)(a)(i) of the Ordinance, the relevant period for the bankrupt is treated as not commencing to run on the date of the bankruptcy order, i.e. (d) __________; | ||||||
| (2) | the relevant period for the bankrupt does not commence to run until the date as stated in the trustee’s notice under section 30AC(3)(a) of the Ordinance and on which all of the following term(s) has (have) been complied with— | ||||||
| (f) List the term(s) imposed by the court for commencement of running of relevant period. (g) List any other term(s) the court thinks fit. | (i) (f) (ii) (f) | ||||||
| (3) | (g) | ||||||
| Dated this day of . Registrar | |||||||
_
| Form 82B [s. 30AC & rule 89B] | |||||
| N C R P B S 30AC(3)(a) B O (C 6)(Title) | |||||
| Take notice that— | |||||
| (a) Insert full name of bankrupt. (b) Insert date of bankruptcy order. (c) Insert date of non-commencement order. | (1) | a bankruptcy order was made against the above-named (a) _________________ (bankrupt) on (b) _________________, and an order that the relevant period for the bankrupt is treated as not commencing to run on the date of the bankruptcy order (non-commencement order) was made on (c) _______________; and | |||
| (d) Insert date on which all terms were complied with. | (2) | pursuant to section 30AC(3)(a) of the Bankruptcy Ordinance (Chapter 6), I confirm that all the term(s) imposed by the court for the commencement of the running of the relevant period for the bankrupt as specified in the non-commencement order was (were) complied with on (d) _______________ such that the relevant period is treated as commencing to run on that date. | |||
| Dated this day of . | |||||
| (e) Insert name of trustee. | Signed__________________(e) | ||||
_
| Form 83 [s. 30A(5)] | |||||||
| N C T S 30A(5) B O (C 6)(Title) | |||||||
| (a) Insert date. (b) Insert bankrupt’s name. | TAKE notice that under the provisions of section 30A of the Bankruptcy Ordinance (Chapter 6) on (a) ____________ (b) ________________ will be discharged from his [her] bankruptcy in the absence of any objections from his [her] trustee in bankruptcy or creditors. | ||||||
| (c) Delete as applicable. | AND THAT I do not intend to object to the bankrupt’s discharge. [intend to object to the bankrupt’s discharge on the following grounds—] (c) AND THAT the bankrupt’s creditors have the right to object to his[her] discharge on any of the following grounds— | ||||||
| (i) | in the case of a discharge to which section 30A(2)(a) of the Bankruptcy Ordinance (Chapter 6) applies, that the bankrupt is likely within 5 years of the commencement of the bankruptcy to be able to make a significant contribution to his[her] estate; | ||||||
| (ii) | that the discharge of the bankrupt would prejudice the administration of his[her] estate; | ||||||
| (iii) | that the bankrupt has failed to co-operate in the administration of his[her] estate; | ||||||
| (iv) | that the conduct of the bankrupt, either in respect of the period before or the period after the commencement of the bankruptcy, has been unsatisfactory; | ||||||
| (v) | without limiting section 30A(4)(c) or (d) of the Bankruptcy Ordinance (Chapter 6), that the bankrupt has departed from Hong Kong and has failed forthwith to return to Hong Kong following a request to do so from the trustee; | ||||||
| (vi) | that the bankrupt has continued to trade after knowing himself/herself to be insolvent; | ||||||
| (vii) | that the bankrupt has committed an offence under section 129 or any of sections 131 to 136 of the Bankruptcy Ordinance (Chapter 6); | ||||||
| (viii) | that the bankrupt has failed to prepare an annual report of his/her earnings and acquisitions for the trustee. | ||||||
| AND THAT if any of the bankrupt’s creditors wish to object to the bankrupt’s discharge he [she] or they must do so on Form 82 notifying the court and me not less than 14 days before (a) _____________________________. Dated this day of . Trustee | |||||||
_
| Form 84 [rule 90] | |||||
| A E D B S 30B(1) B O (C )(Title) | |||||
| (a) Insert full name and address of bankrupt. | I, (a) | ||||
| , | |||||
| hereby apply to the court for an order for my early discharge from bankruptcy. | |||||
| (b) Delete as appropriate. | I have not previously been adjudged bankrupt [or I have previously been adjudged bankrupt, but more than 3 years have elapsed since the date of the first bankruptcy order/adjudication order] (b). | ||||
| None of the circumstances set out in section 30B(2) of the Bankruptcy Ordinance (Chapter 6) applies to me. | |||||
| (c) Insert date. | The grounds on which I claim to be entitled to be discharged from bankruptcy are set out in my affidavit sworn on (c) a copy of which affidavit accompanies this application. | ||||
| (d) State the names and addresses of the trustee(s) to be served. | The names and addresses of the trustee(s) upon whom this application should be served are— (d) | ||||
| (e) State the bankrupt’s address for service. | The bankrupt’s address for service is— (e) | ||||
| Dated this day of . Signed _____________________________ | |||||
| (Solicitor for the) Bankrupt | |||||
| ENDORSEMENT | |||||
| This application having been filed in court on __________________ , it is ordered that the application shall be heard as follows— | |||||
| Date | |||||
| Time | hours | ||||
| Place | |||||
| Registrar | |||||
_
| Form 85 [rule 89] | ||||
| A B S 30A(7) B O (C ) L S R R P D I C S 30A(3) O (Title) | ||||
| (a) Insert name and address of person(s) to attend hearing. | Let (a) | |||
| attend before as follows— | ||||
| Date | ||||
| Time | hours | |||
| Place | ||||
| (b) Insert name. (c) Insert date. | on the hearing of an application by (b) the bankrupt for an order that the suspension of the running of the relevant period for his [her] discharge imposed by the court under section 30A(3) of the Bankruptcy Ordinance (Chapter 6) on (c) be lifted. The grounds on which the bankrupt claims to be entitled to the order are set out in the affidavit of the bankrupt sworn on (c) a copy of which affidavit accompanies this application. | |||
| (d) State the names and addresses of the persons to be served. | The names and addresses of the persons upon whom this application should be served are (d) | |||
| (e) State the bankrupt’s address for service. | The bankrupt’s address for service is—(e) | |||
| Dated this day of . Signed _____________________________ | ||||
| (Solicitor for the) Bankrupt | ||||
_
| Form 86 [rule 89] | ||||||
| O C L S D (Title) | ||||||
| in chambers | ||||||
| (a) Insert full name and address of bankrupt. | Upon the application of (a) | |||||
| (b) Delete as applicable. (c) Insert name of Official Receiver’s representative or trustee. | the above-named bankrupt, (b) [and after taking into consideration the report of (c) in this matter]. And upon hearing | |||||
| And upon reading the evidence | ||||||
| (d) Insert date. | It is ordered that the order made on (d) | |||||
| (e) Insert terms of previous order. | whereby it was ordered that (e) be discharged. | |||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 87 [rule 89] | ||||||
| C O S D L (Title) | ||||||
| (a) Insert full name and address of bankrupt. | A bankruptcy order having been made by this court against (a) | |||||
| (b) Insert date. | on (b) and an order suspending the above-named bankrupt’s discharge having been made on (b) It is certified that the said order of suspension of discharge was lifted on (b) | |||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 88 [rule 92] | ||||||
| C D (Title) | ||||||
| (a) Insert full name and address of bankrupt. | A bankruptcy order having been made by this court against (a) | |||||
| (b) Insert date of bankruptcy order. | on (b) | |||||
| (c) Insert full name of bankrupt. | It is certified that the said (c) | |||||
| (d) Insert effective date of discharge. | was discharged from his bankruptcy on (d) | |||||
| Dated this day of . NOTICE TO BANKRUPT OR PERSONAL REPRESENTATIVE OF BANKRUPT (IF BANKRUPT IS DECEASED)— Should you require the trustee to publish a notice under rule 92(2) of the Bankruptcy Rules (Cap. 6 sub. leg. A), you should, within ___________ days, notify the trustee, enclosing the prescribed fee, details of which can be obtained by contacting the trustee. | ||||||
| Registrar | ||||||
(L.N. 81 of 1998; 22 of 2023 s. 53)
_
(Repealed L.N. 81 of 1998)
_
| Form 94 [rule 29] | ||||||
| A (Title) | ||||||
| I, the trustee of the property of the said bankrupt [or as the case may be], do apply to the court for an order of committal for contempt of the court against the said bankrupt [or L.M., ], on the ground set forth in the annexed affidavit. | ||||||
| Dated this day of . | ||||||
| Trustee | ||||||
_
(Repealed L.N. 81 of 1998)
_
| Form 96 [rule 29] | ||||||
| A (Title) | ||||||
| (a) Delete as appropriate. | I, , the Official Receiver of the estate of the said bankrupt/the trustee of the property of the said bankrupt (a) make oath, and say— | |||||
| Where bankrupt does not submit to examination. | [1. That the said bankrupt did attend at a general meeting of his creditors for the purpose of appointing a trustee held on the day of , at , and wilfully refused to submit to be examined at such meeting in respect of his property [or his creditors], the submitting to examination being a duty imposed upon him by the Bankruptcy Ordinance (Chapter 6).] | |||||
| or | ||||||
| Where bankrupt fails to attend a meeting other than the first. | [1. That the said bankrupt did wilfully fail to attend a meeting of his creditors held on the day of , at [or to wait on me at my office on the day of ], the attending such meeting [or waiting on me] being a duty imposed upon him by the Bankruptcy Ordinance (Chapter 6).] or | |||||
| Where bankrupt fails to execute a deed. | [1. That the said bankrupt has wilfully failed to execute [here describe the deed, etc., that he has failed to execute], the execution of such deed when required by me being a duty imposed upon him by section 26 [or 55] of the Bankruptcy Ordinance (Chapter 6).] | |||||
| Where bankrupt fails to attend a meeting other than the first or to execute a deed. | 2. [That the said bankrupt was on the day of , duly served with a notice, a copy of which is hereunto annexed, by leaving the same at his usual place of residence, requiring him to attend the said meeting], [or to execute the above-mentioned deed, etc.] Or | |||||
| Where bankrupt fails to obey special orders of court. | [1. That the said bankrupt has wilfully failed to perform the duty imposed upon him by section 26 of the Bankruptcy Ordinance (Chapter 6) (here insert any act he has been required to do by any special order of the court, stating the day on which the order was made).] | |||||
| 2. [That the said bankrupt was duly served with a copy of such order by leaving the same at his usual place of residence on the day of .] Or | ||||||
| Where bankrupt has failed to deliver up property. | [1. That the said bankrupt has failed to deliver up possession of (here state the property he has failed to deliver up), which property is divisible amongst his creditors under the Bankruptcy Ordinance (Chapter 6) and which said property was (or is) in his possession or control, he having been required by me to deliver up the said property by notice, a copy of which is hereunto annexed, and which notice was served upon him on the day of , at .] | |||||
| Sworn at, etc. | ||||||
| Official Receiver [or Trustee] | ||||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 97 [rule 29] | ||||||
| A (Title) | ||||||
| I, G.H., the trustee of the property of the said A.B., a bankrupt, make oath and say— | ||||||
| 1. That I believe that L.M., of , hath in his possession or power as [here set out the capacity in which the person stands to the bankrupt] certain moneys [and securities] belonging to the bankrupt, that is to say [here set out and describe the particular moneys and securities]. | ||||||
| 2. That on the day of , I did apply personally to the said L.M. to pay and deliver to me the said moneys and securities, and that he did not then pay or deliver, nor has he since paid or delivered, to me the same [or That I, on the day of , posted a letter to the said L.M., addressed to him at , calling upon him to, etc., and that on the day of , I posted another letter, by which I again called upon him to, etc., and that he has failed to pay and deliver the same]. | ||||||
| 3. That I firmly believe that the said L.M. is not entitled by law to retain such moneys [and securities] as against the bankrupt or against me as the trustee of the property of the bankrupt. Sworn at, etc. | ||||||
| Trustee | ||||||
_
| Form 98 [s. 110 & rule 30] | ||||||
| N (Title) | ||||||
| To Take notice that C.D., of , will on the day of , at o’clock in the noon, apply to the court for an order for your committal to prison for contempt of this court, you having disobeyed the order of the court made on the day of , [here set out order]. And further take notice that you are required to attend the court on such day at the hour before stated, to show cause why an order for your committal should not be made. | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 99 [s. 26(4) & rule 30] | ||||||
| N (Title) | ||||||
| To the said A.B., bankrupt. Take notice that the trustee [or Official Receiver] of the property of the said bankrupt will on the day of , at o’clock in the noon, apply to the court for an order for your committal to prison for contempt of this court, you having failed to perform the duty imposed on you by section 26 of the Bankruptcy Ordinance (Chapter 6) [here set out the duty he has failed to perform]. And further take notice that you are required to attend the court on such day at the hour before stated to show cause why an order for your committal should not be made. | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 100 [s. 53(5) & rule 30] | ||||||
| N (Title) | ||||||
| To [here insert name, address and description of the person to whom the notice is to be sent]. Take notice that the trustee [or Official Receiver] of the property of the bankrupt will on the day of , at o’clock in the noon, apply to the court for an order for your committal to prison for contempt of this court you having failed to pay and deliver to him certain moneys [and securities] belonging to the bankrupt in your possession or power as [here state whether as treasurer, banker, etc.], that is to say [here set out and describe the particular moneys and securities]. And further take notice that you are required to attend the court on such day at the hour before stated to show cause why an order for your committal should not be made. | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 101 [s. 110] | ||||||
| O (Title) | ||||||
| Whereas by an order of this court made on the day of , [here recite the order]. Now upon the application of C.D., of , and upon hearing A.B. [or as the case may be], [or if he does not appear] reading the affidavit of [here insert name and description of person by whom the order was served on A.B.], and upon reading the affidavit of [enter evidence], the court being of opinion that the said A.B. has been guilty of a contempt of this court by his disobedience of the said order, it is ordered that the said A.B. do stand committed to [here insert prison] for his said contempt. | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 102 [s. 26(4)] | ||||||
| O (Title) | ||||||
| Upon the application of the trustee [or Official Receiver] of the property of the bankrupt, and upon hearing the bankrupt [or if he does not appear], and reading the affidavit of [here insert name and description of person by whom the notice to show cause was served] and upon reading the affidavit of [enter evidence], the court being of opinion that the bankrupt has been guilty of a contempt of this court by having failed to [here follow the notice], it is ordered that the bankrupt do stand committed to [here insert prison] for his said contempt. | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 103 [s. 53(5)] | |||||||
| O (Title) | |||||||
| Upon the application of the trustee of the property of the bankrupt, and upon hearing L.M. [or if L.M. does not appear] and reading the affidavit of [here insert name and description of person by whom the notice to show cause was served] and upon reading the affidavit of [enter evidence] the court being of opinion that L.M. has been guilty of a contempt of this court by having failed to pay and deliver to the said trustee certain moneys [and securities] [here follow the notice], it is ordered that the said L.M. do stand committed to [here insert prison] for the said contempt. | |||||||
| Dated this day of . | |||||||
| Registrar | |||||||
_
| Form 104 [s. 26(4) & rule 30] | ||||||
| A (Title) | ||||||
| I, L.M. of make oath and say— 1. That G.H. of was by an order of the court made on the day of , ordered to [here set out order]. 2. That [a copy of] the said order was duly served on the said G.H. 3. That the said G.H. has failed to obey the order. | ||||||
| Sworn, etc. | ||||||
| (Signature) | ||||||
_
| Form 105 [rule 26] | ||||||
| W (Title) | ||||||
| To the Bailiff of the High Court of Hong Kong and his assistants and to all police officers of Hong Kong and to the Commissioner of Correctional Services. | ||||||
| Whereas by an order of this court bearing date the day of , it was ordered that the said debtor or bankrupt [or L.M. of ] should stand committed for contempt of this court. | ||||||
| These are therefore to require you the said bailiff, and others, to take the said debtor or bankrupt [or L.M.] and to deliver him to the Commissioner of Correctional Services, and you the said Commissioner to receive the said debtor or bankrupt [or L.M.], and him safely to keep in prison in your custody until such time as this court shall order; and you the said Commissioner shall, while the said debtor or bankrupt [or L.M.] is in your custody, at all times when the court shall so direct produce the said debtor or bankrupt [or L.M.] before the court. | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
(G.N.A. 124 of 1955; L.N. 232 of 1984; L.N. 81 of 1998; 25 of 1998 s. 2)
_
| Form 106 | ||||||
| O (Title) | ||||||
| Upon application made this day of for A.B., who was committed to prison for contempt by order of this court, dated the day of , and upon reading his affidavit showing that he has cleared [or is desirous of clearing] his contempt and has paid the costs occasioned thereby, and upon hearing the trustee [or Official Receiver or C.D. of ], it is ordered that the Commissioner of Correctional Services do discharge the said A.B. out of his custody, as to the said contempt. | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 107 | ||||||
| O (Title) | ||||||
| Upon application made this day of by [applicant] for an order for the production of A.B., who was committed to prison for contempt by order of this court dated the day of , for examination before this court, it is ordered that the Commissioner of Correctional Services do cause the said A.B. to be brought in custody before the court at on the day of for examination before the court, and afterwards to be taken back to prison to be there safely kept pursuant to the said order. | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 108 [s. 54 & rule 26] | ||||||
| S (Title) | ||||||
| Whereas by evidence duly taken upon oath it hath been made to appear to the court that there is reason to suspect and believe that property of the said debtor or bankrupt is concealed in the house [or other place, describing it, as the case may be] of one X.M., of such house [or place] not belonging to the said debtor or bankrupt. These are therefore to require you to enter in the daytime into the house [or other place, describing it] of the said X.M. situate at aforesaid, and there diligently to search for the said property, and if any property of the said debtor or bankrupt shall be there found by you on such search, that you seize the same, to be disposed of and dealt with according to the provisions of the Bankruptcy Ordinance (Chapter 6). | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
| To the Bailiff of the High Court and his assistants | ||||||
(L.N. 81 of 1998; 25 of 1998 s. 2)
_
| Form 109 [s. 27 & rule 26] | ||||||
| W (Title) | ||||||
| Whereas on the day of , a bankruptcy order was made against the said bankrupt: These are therefore to require you forthwith to enter into and upon the house and houses, and other the premises of the said bankrupt, and also in all other place and places belonging to the said bankrupt where any of his goods and moneys are, or are reputed to be; and there seize all the ready money, jewels, plate, household stuff, goods, merchandise, books of account, and all other things whatsoever, belonging to the said bankrupt, except his necessary clothing, bedding, furniture and household equipment, as excepted by the Bankruptcy Ordinance (Chapter 6). And that which you shall so seize you shall safely detain and keep in your possession until you shall receive other orders in writing for the disposal thereof from the trustee [or Official Receiver]; and in case of resistance or of not having the key or keys of any door or lock of any premises belonging to the said bankrupt where any of his goods are or are suspected to be, you shall break open, or cause the same to be broken open, for the better execution of this warrant. | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
| To the Bailiff of the High Court and his assistants | ||||||
(L.N. 81 of 1998; 25 of 1998 s. 2)
_
| Form 110 [s. 27 & rules 26 & 27] | ||||||
| W H K (Title) | ||||||
| To the Bailiff of the High Court of Hong Kong and his assistants and to all police officers of Hong Kong and to the Commissioner of Correctional Services. | ||||||
| Whereas, by evidence taken upon oath, it hath been made to appear to the satisfaction of the court that there is probable reason to suspect and believe that the said A.B., of has absconded and gone outside Hong Kong [or quitted his place of residence], [or is about to go outside Hong Kong (or quit his place of residence)] with a view to avoiding service of a bankruptcy petition [or to avoiding appearing in a bankruptcy petition, or to avoiding examination in respect of his affairs, or otherwise delaying or embarrassing the proceedings in bankruptcy or to avoiding payment of a debt in respect of which a statutory demand has been served or an attempt to serve a statutory demand has been made]. | ||||||
| [Or that there is probable cause to suspect and believe that the said A.B. is about to remove his goods or chattels with a view to preventing or delaying such goods or chattels being taken possession of by the trustee of the property of the bankrupt or that the said A.B. has concealed (or is about to conceal or destroy) his goods or chattels, or some of them, or his books, documents or writings, or some or one of them, which books, documents or writings, or some or one of them, may be of use to the creditors in the course of the bankruptcy of the said A.B.] | ||||||
| [Or that it hath been made to appear to the satisfaction of this court that the said A.B. has removed certain of his goods and chattels in his possession, above the value of $500, without the leave of the Official Receiver or trustee, that is to say (here describe the goods or chattels).] | ||||||
| [Or that the said A.B. did without good cause fail to attend at this court on the day of , for the purpose of being examined, according to the requirements of an order of this court made on the day of , directing him so to attend.] [Or that there is probable cause for believing that the said A.B. has committed an offence punishable under the Bankruptcy Ordinance (Chapter 6).] | ||||||
| These are therefore to require you the said bailiff, and others, to take the said A.B. and to deliver him to the Commissioner of Correctional Services and you the said Commissioner to receive the said A.B., and him safely to keep in prison until such time as this court may order. | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
(G.N.A. 124 of 1955; L.N. 46 of 1964; L.N. 232 of 1984; L.N. 81 of 1998; 23 of 1998 s. 2; 25 of 1998 s. 2)
_
| Form 111 [s. 28] | ||||||
| O P G (Title) | ||||||
| (a) Here insert the full address or addresses. (b) “the said Official Receiver [or trustee] at ” or otherwise as the court may direct. | Upon the application of the Official Receiver [or the trustee] of the property of the above bankrupt, it is ordered that for a period of 3 months from the day of , all post letters, telegrams and postal packets directed or addressed to the said bankrupt, at (a) shall be re-directed, sent or delivered by the Postmaster General, or officers acting under him, to (b) except any letter on which there is a specific direction signed by the Official Receiver [or trustee] that it is to be delivered as addressed, if possible, and that a sealed duplicate of this order be forthwith transmitted by the Official Receiver [or trustee] to the Postmaster General, or officers acting under him. | |||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 112 [s. 29 & rule 25] | |||||
| S S (Title) | |||||
| (a) Insert the name and address of the person to attend court. (b) Insert the name of the person to attend court. | Let (a) | ||||
| attend before | as follows— | ||||
| Date | |||||
| Time | hours | ||||
| Place | |||||
| (c) State any particular documents required, e.g., all ledgers and books of account, invoices, statements of account, letters, books, papers and documents of every kind, in any manner relating to your dealings and transactions with A.B. a bankrupt, touching a debt alleged to be due by you to the said bankrupt’s estate amounting to the sum of $ . | on the hearing of an application by the Official Receiver or trustee for an order that (b) _ shall attend the court at such time and place as the court shall direct for the purpose of giving evidence in the above matter, and then and there to have and produce (c) _. Dated this day of . | ||||
| Registrar | |||||
| Note: This summons is issued on the application of the Official Receiver or trustee, and take notice, that if the sum of $ , stated to be due by you to this estate, be paid to , Official Receiver or trustee, at , on or before the day of , this summons will be discharged. If you fail without lawful impediment to attend the court at such time and place as the court shall direct, the court may by warrant cause you to be apprehended and brought up for examination. | |||||
| If you commit perjury while giving evidence in connection with this matter, you will be liable on conviction to imprisonment for 7 years and a fine. | |||||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 113 [s. 29 & rule 25] | |||
| A (Title) | |||
| In the matter of A.B. of , a bankrupt. | |||
| I, the undersigned J.K. of , do hereby admit that I am indebted to the said bankrupt in the sum of $ upon the balance of accounts between myself and the said bankrupt. | |||
| J.K. | |||
| Dated this day of . Witness, C.D., Registrar, [or Official Receiver] | |||
_
| Form 114 [s. 29 & rule 25] | |||
| O (Title) | |||
| Whereas on the examination before the court of J.K. of , it has appeared to the court that the said J.K. is indebted to the said bankrupt in the sum of $ , on the balance of accounts between him and the bankrupt; it is ordered that the said J.K. do pay to the trustee of the property of the bankrupt, in full discharge of the said sum the sum of $ forthwith [or if otherwise state the time and manner of payment], and do further pay to the said trustee the sum of $ for costs. | |||
| Dated this day of . | |||
| Registrar | |||
_
| Form 115 [s. 29 & rules 26 & 28] | |||
| W (Title) | |||
| To the Bailiff of the High Court of Hong Kong and his assistants and to all police officers of Hong Kong and to the Commissioner of Correctional Services. | |||
| Whereas by summons dated the day of , and directed to A.B., of [or F.M., of ], the said A.B. [or F.M.] was required personally to be and appear on the day of at o’clock in the noon at the court to be examined [and produce such document as hereinafter mentioned] which said summons was afterwards on the day of as hath been proved upon oath duly served upon the said and a reasonable sum was tendered him for his expenses, and whereas the said having no lawful impediment made known to and allowed by the court at the time of its sitting hath refused to appear before the court at the time appointed [and/or hath refused to produce a document in his custody or power relating to the bankrupt, his dealings, or property which the court has required him to produce]. These are, therefore, to require and authorize you and every of you, the said bailiff and your assistants and police officers and constables immediately upon receipt hereof to take the said A.B. [or | |||
| F.M.], and bring him before this court at such time and place as this court shall direct, in order to his being examined as aforesaid, and in the meantime him safely to keep or deliver to the Commissioner of Correctional Services and forthwith, after such taking and delivery, to report the same to the court, and obtain its direction or order fixing a day, time and place for the examination of the said A.B. [or F.M.], and you the said Commissioner of Correctional Services to receive the said A.B. [or F.M.], and him safely keep in prison and in your custody to await the direction or order of the court, and to produce him before the court at such time and place as shall be specified in such direction or order, and for so doing this shall be a sufficient warrant to you and every of you. | |||
| Dated this day of . | |||
| Registrar | |||
(L.N. 232 of 1984; L.N. 81 of 1998; 25 of 1998 s. 2)
_
| Form 116 [s. 29 & rule 28] | |||
| O (Title) | |||
| Upon report made to the court the day of , that A.B. has been apprehended under a warrant issued by the court on the day of , it is ordered that the Commissioner of Correctional Services do cause the said A.B. to be brought in custody before the court sitting on the day of at o’clock in the noon for examination before the court, and in the meantime to be safely kept, and afterwards if the court shall so direct to be taken back to prison and there safely kept pursuant to the said warrant. | |||
| Dated this day of . | |||
| Registrar | |||
_
| Form 117 [rule 127] | |||||||||||||
| R | |||||||||||||
| Satisfaction entered* | No. | Assignor | Assignee | Nature of assign-ment | Consid-eration | Date | Date of regist-ration | Remarks | |||||
| Name | Address | Occu-pation | Name | Address | Occu-pation | ||||||||
| * For use only in case of assignment by way of security or other charge. | |||||||||||||
| (L.N. 232 of 1984) | |||||||||||||
_
| Form 118 [s. 43E & rule 128] | |||
| N A I P O (Title) | |||
| To A.B. Take notice that I intend to apply to the court on the day of , , at o’clock in the noon, for an order under section 43E of the Bankruptcy Ordinance (Chapter 6) for the payment of a part of your pay [or salary or income] to me as trustee for the benefit of the creditors under your bankruptcy. Unless at least 7 days before the date fixed for the hearing you send to the court and to me written consent to an order being made in the terms of the application, you are required to attend the hearing; and if you attend, you will be at liberty to show cause why the order should not be made, or an order should be made otherwise than as applied for by me. | |||
| Dated this day of , . | |||
| G.H., Trustee | |||
_
(Omitted as spent)
_
| Form 120 [rule 128A(1)] | |||
| O I C S E(3)(a) B O (C 6)(Title) | |||
| in chambers | |||
| (a) Insert full name and address of applicant. | Upon the application of (a) And upon hearing | ||
| (b) Delete as applicable. (c) Insert total amount to be paid. | (b) [And upon the consent of the above-named bankrupt] it appears to the court that the sum of $(c) should be paid by the above-named bankrupt by (d) | ||
| (d) Insert intervals at which instalments are to be paid e.g. weekly/monthly and amount to be paid in each instalment. | to the trustee until (e) It is ordered that the above-named bankrupt to pay (d) out of his income, the first of such instalments to be made on or before (f) | ||
| (e) Insert date to which order is to remain in force. (f) Insert date of first payment. (g) Insert name and address of trustee to whom payments are to be sent. | And it is ordered that the above-named bankrupt do send the payments to (g) | ||
| Dated this day of . | |||
| Registrar | |||
_
| Form 121 [rule 128A(2)] | |||
| O I C S E(3)(b) B O (C 6)(Title) | |||
| in chambers | |||
| (a) Insert full name and address of applicant. | Upon the application of (a) And upon hearing | ||
| (b) Delete as applicable. (c) Insert total amount to be paid. (d) Insert intervals at which instalments are to be paid e.g. weekly/monthly and amount to be paid in each instalment. (e) Insert date to which order is to remain in force. | (b) [And upon the consent of the above-named bankrupt] it appears to the court that the sum of $(c) should be paid by the above-named bankrupt by (d) to the trustee until (e) It is ordered that (f) do take (d) out of the above-named bankrupt’s income, the first of such instalments to be paid on or before (g) And it is ordered that (f) | ||
| (f) Insert full name and address of payer. (g) Insert date of first payment. (h) Insert name and address of trustee to whom payments are to be sent. | do send the sums deducted to (h) | ||
| Dated this day of . | |||
| Registrar | |||
_
(Omitted as spent)
_
| Form 123 [s. 59 & rule 130] | |||
| N (Title) | |||
| (a) lease or tenancy as the case may be. (b) Here specify property let. | Take notice that I intend to disclaim the (a) dated whereby (b) was let to the above-named bankrupt as a rent of $ If you require the matter to be brought before the court, you must give notice thereof to me in writing within 7 days of the receipt by you of this notice. | ||
| Dated this day of . | |||
| Trustee | |||
| To The landlord of the above-mentioned property | |||
_
| Form 124 [s. 59 & rule 130] | |||
| N (Title) | |||
| (a) Here insert particulars of demised property. (b) the above-named bankrupt or as the case may be. | Take notice that I intend to disclaim the lease dated whereby (a) was let to (b) at a rent of $ If you require the matter to be brought before the court, you must give notice thereof to me in writing within 14 days of the receipt by you of this notice. | ||
| Dated this day of . | |||
| Trustee | |||
| To The landlord of the above-mentioned premises and | |||
| To The sub-tenant, or mortgagee | |||
_
| Form 125 [s. 59 & rule 130] | |||
| D (Title) | |||
| (a) lease dated the or as the case may be. (b) Insert description of the property. (c) on a tenancy or for a term of years or as the case may be. (d) Insert names and addresses of persons to whom notice given. | I, , the trustee of the property of the above-named bankrupt, hereby disclaim the (a) of the premises (b) which were let to the above-named bankrupt (c) at a rent of $ per Notice of this disclaimer has been given to (d) | ||
| Dated this day of . | |||
| Trustee | |||
_
| Form 126 [s. 59 & rule 130] | |||
| D (Title) | |||
| (a) Here insert names and addresses of persons to whom notice of intention to disclaim has been given. (b) Here insert particulars of demised property. (c) the above-named bankrupt or as the case may be. (d) Insert names and addresses of persons to whom notice of disclaimer has been given. | Pursuant to notice dated the day of , addressed to (a) I, , the trustee of the property of the above-named bankrupt, hereby disclaim the lease dated the day of , whereby (b) were let to (c) at a rent of $ for a term of Notice of this disclaimer has been given to (d) | ||
| Dated this day of . | |||
| Trustee | |||
| (Address) | |||
_
| Form 127 [s. 59 & rule 130] | |||
| D (Title) | |||
| (a) Insert description of the property disclaimed. | Pursuant to an order of court dated the day of , I, , the trustee of the property of the above-named bankrupt, hereby disclaim all interest in the lease dated the day of , whereby the premises (a) were demised to at a rent of $ per annum, for a term of Notice of this disclaimer has been given to | ||
| Dated this day of . | |||
| Trustee | |||
_
| Form 128 [s. 59 & rule 130] | |||
| N (Title) | |||
| (a) the lease dated the day of or as the case may be. (b) Insert description of property disclaimed. (c) on a tenancy or for a term of years or as the case may be. (d) Add where necessary pursuant to notice dated the day of . | Take notice that, by writing under my hand, bearing date the day of , I, , the trustee of the property of the above-named bankrupt, disclaimed (a) of the premises known as (b) which were let to (c) at a rent of $ per (d) The above-mentioned disclaimer has been filed in court with the proceedings in the bankruptcy [and has been registered in the Land Registry]. Your attention is directed to the provisions of the Bankruptcy Ordinance (Chapter 6) on the back hereof. | ||
| Dated this day of . | |||
| Trustee To (Address) | |||
| NOTE—On the back of this notice the provisions of subsections (2) and (6) of section 59 of the Bankruptcy Ordinance should appear. | |||
(G.N.A. 124 of 1955; 8 of 1993 s. 30; 20 of 2002 s. 5)
_
| Form 129 [s. 59 & rule 130] | |||
| N (Title) | |||
| Take notice that pursuant to an order of court dated the day of , I, , the trustee of the property of the above-named bankrupt, by writing under my hand bearing date the day of disclaimed all interest in the lease dated the day of , whereby the premises were demised to at a rent of $ per annum, for a term of . The above-mentioned disclaimer has been filed in court with the proceedings in the bankruptcy [and has been registered in the Land Registry]. | |||
| Dated this day of . | |||
| Trustee To (Address) | |||
(G.N.A. 124 of 1955; 8 of 1993 s. 30; 20 of 2002 s. 5)
_
| Form 130 [s. 59 & rule 130] | |||
| F (Title) | |||
| To: Trustee of the property of the above-named bankrupt Sir, I hereby give you notice that the bankrupt was, at the date of the bankruptcy order, interested as lessee [or as the case may be] in the property described in the schedule to this notice, and that as such lessee [or as the case may be] the bankrupt was liable in respect of [set out nature of the bankrupt’s liability] which liability has devolved on you as trustee in bankruptcy of his property, and I hereby require you to bring the matter of your intended disclaimer of the bankrupt’s interest in the said property before the court. | |||
| I am, etc., (Signature) [State how interested in the property] | |||
| S to notice when given by lessor | |||||||
| Date of lease | Names, addresses and descriptions of parties to lease | Full description of property leased | Term and rent | Date of assignment to bankrupt (if any) | Names and addresses of parties to assignment (if any) | Particulars of any notices of mortgage of lease by bankrupt | |
| S to notice when given by mortgagee or assignee | |||||||||
| Date of lease | Names and addresses of parties to lease | Descrip- tion of prop- erty leased | Term and rent | Date of mort- gage | Names and addresses of parties to mortgage | Term con- veyed by mort- gage | Amount secured by mort- gage | Particulars of any transfer of mortgage, with dates and names and descriptions of parties thereto | |
_
| Form 131 [s. 82(3) & rule 174] | |||
| A (Title) | |||
| I desire to make application to the court for its directions [here state the particular matter in relation to which they are sought]. Trustee Let this application be heard on the day of , at o’clock in the noon, and let the trustee give notice to [here insert the persons to whom it is to be given]. | |||
| Dated this day of . Registrar | |||
_
| Form 132 [s. 82(3) & rule 174] | |||
| O (Title) | |||
| Whereas at a court held [or in chambers] this day the trustee of the property of the bankrupt applied to the court for its directions [here state the particular matter in relation to which they are sought]. Now upon hearing C.D., of on the matter, it is ordered [here set out the order], and that the trustee do pay out of the property of the bankrupt the sum of the costs of this order, [and the sum of to C.D. for his costs] [or that C.D. do pay the sum of the costs of this order]. | |||
| Dated this day of . Registrar | |||
_
(Repealed L.N. 81 of 1998)
_
| Form 134 [rule 144] | |||
| C (Title) | |||
| I, C.D., of [or We, C.D., of , and E.F. of ], hereby petition the court that an order be made for the administration in bankruptcy of the estate of the late [here insert name and description of deceased debtor] who died on the day of , and say— 1. That the said A.B. at some time within 3 years immediately preceding his death was ordinarily resident or had a place of residence or carried on business in Hong Kong. | |||
| 2. That the estate of the said A.B. is justly and truly indebted to me [or us in the aggregate] in the sum of $ [set out amount of debt or debts and the consideration]. 3. That [I] do not nor does any person on [my] behalf hold any security on the said deceased debtor’s estate, or on any part thereof, etc. [or as in Form No. 10, Creditor’s petition]. | |||
| 4. That the estate of the said A.B. is according to my information and belief insufficient to pay his debts. 5. That the will of the said A.B. was on the day of , proved by J.S., of , and G.H., of or That letters of administration were on the day of , granted to J.S., of , and G.H., of | |||
| or That no probate or administration in respect of the said estate has been applied for. Dated this day of . | |||
| C.D. E.F. Signed by the petitioner in my presence. Signature of witness Address Description | |||
| Endorsement | |||
| This petition having been presented to the court on the day of , it is ordered that this petition shall be heard at on the day of , at o’clock in the noon. | |||
| If you, the said J.S. or G.H., intend to show cause against the petition, you must file with the Official Receiver a notice showing the grounds upon which you intend to show cause, and post a copy of the notice to petitioner or his solicitor, in each case 3 days before the day on which the petition is to be heard. | |||
| Registrar | |||
_
| Form 135 [s. 112(9) & rule 144] | |||
| P O A (Title) | |||
| I, C.D. of [or We, C.D., of , and E.F., of ], hereby petition the court that an order be made for the administration in bankruptcy of the estate of the late [here insert name and description of deceased debtor], who died on the day of , and say— | |||
| 1. That I am the Official Administrator of the estate [or I am/we are] the legal personal representative [or representatives] of the said [debtor] and that his will was on the day of , proved by [or that letters of administration of his estate were on the day of , granted to ]. | |||
| 2. That the said A.B. at some time within 3 years immediately preceding his death was ordinarily resident or had a place of residence or carried on business in Hong Kong. | |||
| 3. That the estate of [debtor] is according to my [or our] information and belief insufficient to pay his debts. (Signed) | |||
| Signed by the petitioner in my presence. Signature of witness Address Description | |||
(G.N.A. 124 of 1955; L.N. 81 of 1998)
_
| Form 136 [s. 112(4) & rule 146] | |||
| O (Title) | |||
| Upon the petition of C.D., dated , and numbered of , and upon reading and hearing , it is ordered that the estate of A.B., of , who died insolvent, be administered in bankruptcy, and that the Official Receiver be the trustee, and the costs of this application be | |||
| Dated this day of . Registrar | |||
_
| Form 137 [s. 94 & rule 169] | ||||||||||
| S A A R (Title)Statement showing the position of estate at the date of application for release | ||||||||||
| $ | $ | |||||||||
| Receipts | ||||||||||
| Cash found | ||||||||||
| Bank balance | ||||||||||
| Refund of utility deposits | ||||||||||
| Receipts for termination of insurance | ||||||||||
| policies | ||||||||||
| Proceeds from Court | ||||||||||
| Proceeds of sale | ||||||||||
| Book debts collected | ||||||||||
| Payment by debtor/bankrupt | ||||||||||
| Others | ||||||||||
| NET REALIZATIONS | ||||||||||
| Money paid by third party Less: Refund | ||||||||||
| Petitioner’s deposit Less: Refund | ||||||||||
| Distraint money Less: Refund | ||||||||||
| Payments | ||||||||||
| Petitioner’s taxed costs | ||||||||||
| Court fees and taxing fees | ||||||||||
| Charges for publication of notices | ||||||||||
| Travelling expenses and | ||||||||||
| transportation charges | ||||||||||
| Professional fees | ||||||||||
| Photocopying charges | ||||||||||
| Official Receiver’s fees | ||||||||||
| Trustee’s remuneration | ||||||||||
| Distribution to creditors | ||||||||||
| Preferential payment | _% | |||||||||
| Deferred preferential payment | _% | |||||||||
| (a) First or final or as the case may be. If more than one payment was made, state each payment separately. | Ordinary dividend (a) | _% | ||||||||
| Deferred ordinary dividend | _% | |||||||||
| Storage charges Others | ||||||||||
| Balance | ||||||||||
| NOTES: | 1. | There are no further assets to be realized and no further payments to be made to creditors. | ||||||||
| (b) Insert number of creditors. | 2. | Creditors — | (b) preferential creditors | $ | ||||||
| (b) ordinary creditors | $ | |||||||||
| $ | _ | |||||||||
| 3. | Creditors can obtain any further information by enquiry at the office of the trustee (add here the trustee’s address, contact telephone number and contact person). | |||||||||
| Dated this day of . Trustee | ||||||||||
(L.N. 125 of 2007; 22 of 2023 s. 53)
_
| Form 138 [s. 67 & rule 123] | |||
| N (Title) | |||
| (a) Insert here first or second or final or as the case may be. | A (a) dividend is intended to be declared in the above matter. You are mentioned in the bankrupt’s statement of affairs, but you have not yet proved your debt. If you do not prove your debt by the day of , you will be excluded from this dividend. | ||
| Dated this day of . Trustee (Address) | |||
_
| Form 139 [s. 67 & rule 123] | |||
| N (Title) | |||
| Take notice that a final dividend is intended to be declared in the above matter, and that if you do not establish your claim to the satisfaction of the court on or before the day of , or such later day as the court may fix, your claim will be expunged, and I shall proceed to make a final dividend without regard to such claim. | |||
| Dated this day of . Trustee (Address) | |||
_
(Repealed L.N. 81 of 1998)
_
| Form 141 [s. 67 & rule 123] | |||
| N (Title)(Please bring this dividend notice with you) | |||
| Dividend of per cent Notice is hereby given that a dividend of per cent has been declared in this matter, and that the same may be received at my office, as above, on the day of , or on any subsequent between the hours of and | |||
| Upon applying for payment this notice must be produced entire together with any bills of exchange, promissory notes or other negotiable securities held by you. If you do not attend personally you must fill up and sign the subjoined forms of receipt and authority, when a cheque or money order payable to your order will be delivered in accordance with the authority. Dated this day of . | |||
| (Signed) To | G.H., Trustee | ||
_
| Receipt | ||||
| . | ||||
| Received of the sum of $ , being the amount payable to me/us in respect of the dividend of per cent on my/our claim against this estate. | ||||
| $ | ||||
| (Creditor’s signature) Authority | ||||
| (a) Strike out words inapplicable. If not to be sent by post strike out words in italics, and insert the name of the person who is to receive the cheque or money order. | G.H. Sir, Please deliver (a) to me/us by post, at my/our risk or (a) to the bearer, Mr. the cheque or money order for the dividend payable to me/us in this matter. (Creditor’s signature) (Date) | |||
| To, G.H., Trustee | ||||
(G.N.A. 124 of 1955; 31 of 1981 s. 65)
_
| Form 142 [s. 73] | |||
| A (Title) | |||
| I, F.K., of , make application to this court for an order to be made upon the trustee to pay the dividend in this bankruptcy due to me, with interest thereon for the time it has been withheld from me, that is to say, from the day of , on which day I applied to the trustee for its payment to me, and also to pay to me the costs of this application. Dated this day of . F.K. | |||
| Upon the reading of this application, and upon hearing , it is ordered that the trustee do forthwith pay to the said F.K. the sum of $ , the amount of such dividend. | |||
| And it is further ordered that the trustee do pay to the said creditor at the same time the sum of , for interest on such dividend, being at the rate specified under section 49 of the High Court Ordinance (Cap. 4) for the time that its payment has been withheld, together with a further sum of for the costs of this application. | |||
| Dated this day of . Registrar [If the court does not order payment, then after the words insert the order made.] | |||
(L.N. 81 of 1998; L.N. 125 of 2007)
_
| Form 143 | |||
| R (Title) | |||
| (a) Here state capacity in which person employed or engaged. | I hereby request that you will, within 7 days of this date or such further time as the court may grant, deliver to me for taxation by the Registrar your bill of costs [or charges] as (a) failing which I shall, in pursuance of the Ordinance, proceed to declare and distribute a dividend without regard to any claim you may have against me or against the estate of the debtor. | ||
| Dated this day of . G.H., Trustee | |||
_
| Form 144 | ||||
| A (Title) | ||||
| I hereby certify— 1. That I have taxed the bill of costs of , the debtor’s solicitor, for filing the petition herein, and have allowed the same at the sum of $ . | ||||
| (a) is or is not. | 2. That the deposit of paid to the Official Receiver on the filing of the petition (a) included in the above-mentioned sum. | |||
| 3. That credit has been given in the said bill for the sum of received on account of such costs. | ||||
| Dated this day of . | ||||
| $ | ||||
| Registrar | ||||
_
| Form 145 [rule 190] | ||||
| C | ||||
| We, the undersigned, members of the Creditors’ committee in the matter of , a bankrupt, hereby certify that we have examined the cash book kept by the trustee for the period from the day of to the day of (both dates inclusive) with the vouchers, and that to the best of our knowledge and belief the cash book contains a full, true and complete account of the trustee’s receipts and payments on account of the estate. Dated this day of . | ||||
| A.B. | } | |||
| C.D. | Creditors’ Committee | |||
| E.F. | ||||
(L.N. 81 of 1998; 22 of 2023 s. 13)
_
(Repealed 22 of 2023 s. 13)
_
| Form 147 [rule 168] | |||||||||
| T (Title) | |||||||||
| G.H., the trustee of the property of the bankrupt in account with the estate. | |||||||||
| Receipts | Payments | ||||||||
| Date | $ | ¢ | Date | $ | ¢ | ||||
| G.H., Trustee | |||||||||
| We have examined this account with the vouchers and find the same correct, and we are of opinion that the expenditure has been proper. | ||||
| Dated this day of . | ||||
| Creditors’ Committee [or Member of the Creditors’ Committee] | ||||
_
| Form 148 [rule 168] | ||||||||||||
| P (Title)P | ||||||||||||
| Dr. | Cr. | |||||||||||
| $ | ¢ | $ | ¢ | |||||||||
| Stock on hand on day of | Sales | |||||||||||
| Purchases | Other receipts, if any | |||||||||||
| Trade expenses, viz- | ||||||||||||
| $ | ¢ | Stock on hand on day of | ||||||||||
| Rent and taxes | ||||||||||||
| Wages | ||||||||||||
| Miscellaneous | ||||||||||||
| Balance being profit | ||||||||||||
| G.H., Trustee | ||||||||||||
| (Date) | ||||||||||||
| NOTE—This account to be submitted when the Creditors’ committee require, and in any case at the end of the trading business carried on by the trustee. | ||||||||||||
_
| Form 149 [rule 168] | ||||
| A (Title) | ||||
| I, G.H., of the trustee of the property of the above-named bankrupt, make oath and say that the account hereto annexed is a full, true and complete account of all money received and paid by me or by any person on my behalf in respect of the carrying on of the trade or business of the bankrupt, and that the sums paid by me as set out in such account have, as I believe, been necessarily expended in carrying on such trade or business. Sworn at, etc. G.H., Trustee | ||||
_
| Form 150 [s. 88 & rule 176] | |||||||||||
| S (Title) | |||||||||||
| Receipts | Payments | ||||||||||
| Date | Of whom received | Nature of receipt | Amount | Date | To whom paid | Nature of payment | Amount | ||||
| $ | ¢ | $ | ¢ | ||||||||
| (Signature) | |||||||||||
| Dated this day of . | |||||||||||
_
| Form 151 [rule 182] | |||
| A (Title) | |||
| I, of , make oath and say as follows— 1. The account hereunto annexed marked with the letter “A”, produced and shown to me at the time of swearing this my affidavit, and purporting to be my account as special manager of the estate or business of the above-named debtor [bankrupt], contains a true account of all and every sums and sum of money received by me or by any other person or persons by my order or to my knowledge or belief for my use on account or in respect of the said estate or business. | |||
| 2. The several sums of money mentioned in the said account hereby verified to have been paid or allowed have been actually and truly so paid and allowed for the several purposes in the said account mentioned. 3. The said account is just and true in all and every the items and particulars therein contained according to the best of my knowledge and belief. | |||
| Sworn, etc. (Signature) | |||
_
| Form 152 [s. 94 & rule 169] | |||
| N (Title) | |||
| Take notice that I, the undersigned trustee [or late trustee] of the property of the bankrupt, intend to apply to the court for my release, and further take notice that any objection you may have to the granting of my release must be notified to the court within 21 days of the date hereof. A summary of my receipts and payments as trustee is here annexed. | |||
| Dated this day of . | |||
| Trustee To K.L., Creditor | |||
| NOTE—Section 94(3) of the Bankruptcy Ordinance (Chapter 6) enacts that “An order of the court releasing the trustee shall discharge him from all liability in respect of any act done or default made by him in the administration of the affairs of the bankrupt, or otherwise in relation to his conduct as trustee, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.” | |||
_
| Form 153 [s. 94 & rule 169] | |||
| A (Title) | |||
| I, G.H., the trustee of the property of the bankrupt, do hereby report to the court as follows— 1. That the whole of the property of the bankrupt has been realized for the benefit of his creditors [and a dividend to the amount of per cent has been paid as shown by the statement hereunto annexed]; | |||
| [or That so much of the property of the bankrupt as can, according to the joint opinion of myself and the Creditors’ committee, hereunto annexed in writing under our hands, be realized without needlessly protracting the bankruptcy, has been realized as shown by the statement hereunto annexed, and a dividend to the amount of per cent has been paid]; | |||
| [or That a voluntary arrangement has been approved by a meeting of creditors summoned under section 20E of the Bankruptcy Ordinance.] 2. I therefore hereby apply to the court for my release. | |||
| Dated this day of . G.H., Trustee | |||
(G.N.A. 124 of 1955; L.N. 81 of 1998)
_
| Form 154 [rule 195] | |||
| N (Title) | |||
| Notice is hereby given that there being in the hands of the trustee in the above bankruptcy a surplus estimated at $ arising from the separate estate of [name of separate partner] one of the bankrupts, and there being no separate creditors of such bankrupt, it is the intention of such trustee, at the expiration of days from the appearance of this notice in , to transfer such surplus to the credit of the joint estate in the said bankruptcy. | |||
| Dated this day of . Trustee | |||
_
| Form 155 [rule 47] | ||||
| A S A S D (Title) | ||||
| (a) Insert name and address of person to attend hearing. | Let (a) | |||
| attend before as follows— | ||||
| Date | ||||
| Time | hours | |||
| Place | ||||
| (b) Insert name of debtor. (c) Insert date. | on the hearing of an application by (b) the applicant for an order that the statutory demand dated be set aside. The grounds on which the applicant claims to be entitled to the order are set out in the affidavit of the applicant sworn on (c) a copy of which affidavit accompanies this application. | |||
| (d) State the names and addresses of the persons to be served. (e) State the applicant’s address for service. | The names and addresses of the persons upon whom this application should be served are—(d) The bankrupt’s address for service is—(e) Dated this day of . | |||
| Signed _____________________________ | ||||
| (Solicitor for the) Applicant | ||||
| If you do not attend, the court may make such order as it thinks fit. | ||||
_
| Form 156 [rule 48] | ||
| O S A S D (Title) | ||
| (a) Insert name and address of applicant. | Upon the application of (a) | |
| and upon hearing | ||
| and upon reading the evidence. | ||
| It is ordered that the statutory demand dated | ||
| be set aside. | ||
| (b) Insert details of any further order in the matter. | And it is ordered that (b) | |
| Dated this day of . Registrar |
_
| Form 157 [s. 30D(1)] | |||
| O S D(1) B O (C 6)(Title) | |||
| in chambers | |||
| (a) Insert name, address and description of applicant. | Upon the application of (a) And upon hearing | ||
| And upon reading the evidence filed It is ordered that— | |||
| (b) Insert name and address of Inland Revenue Official who is to produce the documents. (c) Delete as applicable. (d) Insert description of documents to be produced. | (b) do produce to the court (c) [the following documents (d)—] [the documents set out in the schedule to this order] (c) [by (e)] | ||
| (e) Insert any requirements as to the manner in which the documents are to be produced. (f) Insert time within which production required (not less than 21 days after the date of the order). | within (f) | ||
| Dated this day of . | |||
| Registrar | |||
_
| Form 158 [s. 30D(3)] | |||
| O S D(3) B O (C 6)(Title) | |||
| in chambers | |||
| (a) Insert name, address and description of applicant. | Upon the application of (a) And upon hearing And upon reading the evidence filed It is ordered that— | ||
| (b) Insert details of documents to be disclosed. (c) Insert date of order under section 30D(1) of the Bankruptcy Ordinance (Chapter 6). | (b) which were produced to this court in compliance with an order dated (c) under section 30D(1) of the Bankruptcy Ordinance (Chapter 6) be disclosed to— | ||
| (d) Insert the name of the trustee who must be the Official Receiver, a certified public accountant or a solicitor. See section 30D(1) of the Bankruptcy Ordinance (Chapter 6). (e) Insert any further order regarding means of disclosure. | (d) And it is ordered that the above-named be at liberty to inspect and peruse the documents so produced and to make notes of the contents thereof and to be entitled to be supplied with copies thereof on payment of the proper charges. (e) Dated this day of . | ||
| Registrar | |||
(L.N. 81 of 1998; 23 of 2004 s. 56)
_
| Form 159 [s. 30D(3)] | |||
| A O S D(3) B O (C 6)(Title) | |||
| (a) Delete as applicable. (b) Insert details of documents to be disclosed. (c) Insert date of order under section 30D(1) of the Bankruptcy Ordinance (Chapter 6). | I, , the [Official Receiver and] (a) trustee of the property of hereby apply for an order that (b) which were produced to this court in compliance with an order dated (c) under section 30D(1) of the Bankruptcy Ordinance (Chapter 6) be disclosed to—(d) | ||
| (d) Insert the name of the trustee who must be the Official Receiver, a certified public accountant or a solicitor. See section 30D(1) of the Bankruptcy Ordinance (Chapter 6). | And for an order that the above-named be at liberty to inspect and peruse the documents so produced and to make notes of the contents thereof and to be entitled to be supplied with copies thereof on payment of the proper charges. | ||
| (e) Insert any further order required regarding means of disclosure. | (e) Dated this day of . | ||
| [Official Receiver and] (a) Trustee | |||
(L.N. 81 of 1998; 23 of 2004 s. 56)
_
| Form 160 [s. 30D(1)] | |||
| A O S D(1) B O (C 6)(Title) | |||
| (a) Delete as applicable. (b) Insert description of documents to be produced. | I, , the [Official Receiver and] (a) trustee of the property of hereby apply for an order that the Commissioner of Inland Revenue shall produce to the Court (a) [the following documents] (b) [the documents set out in the schedule to this order] | ||
| (c) Insert any requirements as to the manner in which the documents are to be produced. | (b) [by (c)] | ||
| (d) Insert time within which production is required (not less than 21 days after the date of the order). | within (d) Dated this day of . | ||
| [Official Receiver and] (a) Trustee | |||
_
| Form 161 [rule 47] | |||
| A S A Set A S D (Title) | |||
| (a) Insert name, address and description of person making the oath. | I, (a) | ||
| make oath and say as follows— | |||
| (b) Insert date. | 1. That on (b) the statutory demand exhibited hereto and marked “A” came into my hands. | ||
| (c) Insert one of the 8 following possibilities or if none of them is applicable state grounds on which you consider the statutory demand should be set aside. (1) “Do not admit the debt because ...” [here state grounds]; or | 2. That I (c) | ||
| (2) “Admit the debt but not that it is payable immediately” [state reason]; or (3) “Admit the debt as to $ , and that this is payable but that the remainder is not immediately payable. I am prepared to pay the amount of $ , immediately” [state reason]; or | |||
| (4) “Admit the debt and am prepared to secure or compound for it to the creditor’s satisfaction by ... ” [state nature of satisfaction]; or (5) “Say that the debt is a secured debt” [give full details of security and its value]; or | |||
| (6) “Have a counterclaim (or set-off or cross demand) for $ being a sum equal to (or exceeding) the claim in respect of” [here state grounds of counterclaim etc.]; or | |||
| (7) “Say that execution on the Judgment of the Court has been stayed” [give details]; or | |||
| (8) “Say that the demand does not comply with the Bankruptcy Rules (Cap. 6 sub. leg. A) in that ...” [state reason]. | Sworn at | ||
| Date | Signature __________ | ||
| Before me | |||
_
| Form 162 [rule 44] | ||||||||||
| S D S (a) B O (C ) D L S P I F J O C (Title) | ||||||||||
| Warning | ||||||||||
| ‧ This is an important document. You must deal with this demand within 21 days of its service upon you or you could be made bankrupt and your property and goods taken away from you. Please read this demand and notes carefully. | ‧ If you are in any doubt about your position, you should seek advice immediately from a solicitor. ‧ There are additional notes overleaf. | |||||||||
| Demand | Notes for Creditor | |||||||||
| To | ‧ If the creditor is entitled to the debt by way of assignment, details of the original creditor and any intermediary assignees should be given in Part C on page 2. | |||||||||
| Address | ||||||||||
| This demand is served on you by the creditor— | ‧ If the amount of debt includes interest, details should be given in column (2), including the grounds upon which interest is charged. The amount of interest must be shown separately in column (3). ‧ Any other charge accruing due from time to time may be claimed. The amount or rate of the charge must be identified and the grounds on which it is claimed must be stated. ‧ In either case the amount claimed must be limited to that which has accrued due at the date of the demand. | |||||||||
| Name | ||||||||||
| Address | ||||||||||
| The creditor claims that you owe the following debt and that it is payable immediately and, to the extent of the sum demanded, is unsecured— | ||||||||||
| When incurred | Description of debt | Amount due as at the date of this demand | ||||||||
| (1) | (2) | (3) | ||||||||
| Amount of Debt | $ | |||||||||
| By a Judgment/order of the _____________ court in proceedings entitled Number _______________ between Plaintiff and ________________ Defendant it was adjudged/ordered that you pay to the Plaintiff creditor the sum of $ __________ and $ __________ for costs. | ||||||||||
| The creditor demands that you pay the above debt or compound for it to the creditor’s satisfaction. | ‧ If the creditor holds any security the amount of debt should be the sum the creditor is prepared to regard as unsecured for the purposes of this demand. Brief details of the total debt should be included in column (2), and the nature of the security and the value put upon it by the creditor, as at the date of the demand, must be specified. ‧ If signatory is a solicitor or other agent of the creditor the name of his/her firm should be given. | |||||||||
| Signature | ||||||||||
| Name | ||||||||||
| (BLOCK LETTERS) | ||||||||||
| Date | ||||||||||
| Position with or relationship to creditor | ||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
| Ref. No. | ||||||||||
| NB | The person making the demand must complete the whole of this page and Parts A, B and C on page 2. | |||||||||
| Part A Appropriate court for setting aside demand Any application by you to set aside this demand should be made to the Court of First Instance. | ||||||||||
| Part B The person or persons to whom any communication regarding the demand may be addressed is/are— Name and | ||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
| Part C For completion if the creditor is entitled to the debt by way of assignment. | ||||||||||
| Name | Date(s) of Assignment | |||||||||
| Original creditor | ||||||||||
| Assignees | ||||||||||
| How to comply with a statutory demand or have it set aside If you wish to avoid a bankruptcy petition being presented against you, you must pay the debt set out on page 1 of this notice within the period of 21 days of service upon you. Alternatively, you can attempt to come to a settlement with the creditor. To do this you should— ‧ inform the person or persons (or one of the persons) named in Part B above immediately that you are willing and able to offer security for the debt to the creditor’s satisfaction; or | ||||||||||
| ‧ inform the person or persons (or one of the persons) named in Part B immediately that you are willing and able to compound for the debt to the creditor’s satisfaction. | ||||||||||
| If you dispute the demand in whole or in part you should— ‧ contact the person or persons (or one of the persons) named in Part B immediately. | ||||||||||
| If you consider that you have grounds to have this notice set aside or if you do not receive a satisfactory written reply from the person or persons (or one of the persons) named in Part B before the expiration of 18 days after the service you should— ‧ apply without delay to the Court of First Instance to have the notice set aside. | ||||||||||
| Remember: | You have only 21 days from the date of service on you of this document before the creditor may present a bankruptcy petition. | |||||||||
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| Form 163 [rule 44] | ||||||||||
| S D Under S (a) B O (C ) D L S P I (Title) | ||||||||||
| Warning | ||||||||||
| ‧ This is an important document. You must deal with this demand within 21 days of its service upon you or you could be made bankrupt and your property and goods taken away from you. Please read this demand and notes carefully. | ‧ If you are in any doubt about your position, you should seek advice immediately from a solicitor. ‧ There are additional notes overleaf. | |||||||||
| Demand | Notes for Creditor | |||||||||
| To | ‧ If the creditor is entitled to the debt by way of assignment, details of the original creditor and any intermediary assignees should be given in Part C on page 2. | |||||||||
| Address | ||||||||||
| This demand is served on you by the creditor— | ‧ If the amount of debt includes interest, details should be given in column (2), including the grounds upon which interest is charged. The amount of interest must be shown separately in column (3). ‧ Any other charge accruing due from time to time may be claimed. The amount or rate of the charge must be identified and the grounds on which it is claimed must be stated. ‧ In either case the amount claimed must be limited to that which has accrued due at the date of the demand. | |||||||||
| Name | ||||||||||
| Address | ||||||||||
| The creditor claims that you owe the following debt and that it is payable immediately and, to the extent of the sum demanded, is unsecured— | ||||||||||
| When incurred | Description of debt | Amount due as at the date of this demand | ||||||||
| (1) | (2) | (3) | ||||||||
| Amount of Debt | $ | |||||||||
| The creditor demands that you pay the above debt or compound for it to the creditor’s satisfaction. | ‧ If the creditor holds any security the amount of debt should be the sum the creditor is prepared to regard as unsecured for the purposes of this demand. Brief details of the total debt should be included in column (2), and the nature of the security and the value put upon it by the creditor, as at the date of the demand, must be specified. ‧ If signatory is a solicitor or other agent of the creditor the name of his/her firm should be given. | |||||||||
| Signature | ||||||||||
| Name | ||||||||||
| (BLOCK LETTERS) | ||||||||||
| Date | ||||||||||
| Position with or relationship to creditor | ||||||||||
| (duly authorized) | ||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
| Ref. No. | ||||||||||
| NB | The person making the demand must complete the whole of this page and Parts A, B and C on page 2. | |||||||||
| Part A Appropriate court for setting aside demand Any application by you to set aside this demand should be made to the Court of First Instance. | ||||||||||
| Part BThe person or persons to whom any communication regarding the demand may be addressed is/are—Name and | ||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
| Part C For completion if the creditor is entitled to the debt by way of assignment. | ||||||||||
| Name | Date(s) of Assignment | |||||||||
| Original creditor | ||||||||||
| Assignees | ||||||||||
| How to comply with a statutory demand or have it set aside If you wish to avoid a bankruptcy petition being presented against you, you must pay the debt set out on page 1 of this notice within the period of 21 days of service upon you. Alternatively, you can attempt to come to a settlement with the creditor. To do this you should— | ||||||||||
| ‧inform the person or persons (or one of the persons) named in Part B above immediately that you are willing and able to offer security for the debt to the creditor’s satisfaction; or | ||||||||||
| ‧inform the person or persons (or one of the persons) named in Part B immediately that you are willing and able to compound for the debt to the creditor’s satisfaction. | ||||||||||
| If you dispute the demand in whole or in part you should— ‧contact the person or persons (or one of the persons) named in Part B immediately. | ||||||||||
| If you consider that you have grounds to have this notice set aside or if you do not receive a satisfactory written reply from the person or persons (or one of the persons) named in Part B before the expiration of 18 days after the service you should— ‧apply without delay to the Court of First Instance to have the notice set aside. | ||||||||||
| Remember: | You have only 21 days from the date of service on you of this document before the creditor may present a bankruptcy petition. | |||||||||
_
| Form 164 [rule 44] | ||||||||||
| S D Under S B O (C ) D P F D (Title) | ||||||||||
| Warning | ||||||||||
| ‧ This is an important document. You must deal with this demand within 21 days of its service upon you or you could be made bankrupt and your property and goods taken away from you. Please read this demand and notes carefully. | ‧ If you are in any doubt about your position, you should seek advice immediately from a solicitor. ‧ There are additional notes overleaf. | |||||||||
| Demand | Notes for Creditor | |||||||||
| To | ‧ If the creditor is entitled to the debt by way of assignment, details of the original creditor and any assignees should be given in Part C on page 2. | |||||||||
| Address | ||||||||||
| This demand is served on you by the creditor— | ‧ If the amount of debt when due will include interest, details should be given in column (2), including the grounds upon which interest is charged. ‧ Any other charge accruing due from time to time may be claimed. The amount or rate of the charge must be identified and the grounds on which it is claimed must be stated. ‧ In either case the amount claimed must be limited to that which will have accrued due when payment falls due on the date specified. | |||||||||
| Name | ||||||||||
| Address | ||||||||||
| The creditor claims that you will owe the following when payment falls due on | ||||||||||
| When incurred | Description of debt | Amount of future debt | ||||||||
| (1) | (2) | (3) | ||||||||
| Amount of Debt | $ | |||||||||
| The creditor is of the opinion that you have no reasonable prospect of paying this debt when it falls due because* | ‧ If the creditor holds any security the amount of debt should be the sum the creditor is prepared to regard as unsecured for the purposes of this demand. Brief details of the total debt should be included in column (2), and the nature of the security and the value put upon it by the creditor, as at the date of the demand, must be specified. * Here set out the grounds for this opinion. ‧ If signatory is a solicitor or other agent of the creditor the name of his/her firm should be given. | |||||||||
| Signature | ||||||||||
| Name | ||||||||||
| Date | ||||||||||
| Position with or relationship to creditor | ||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
| Ref. No. | ||||||||||
| NB | The person making the demand must complete the whole of this page and Parts A, B and C on page 2. | |||||||||
| Part A Appropriate court for setting aside demand Any application by you to set aside this demand should be made to the Court of First Instance. | ||||||||||
| Part BThe person or persons to whom any communication regarding the demand may be addressed is/are—Name and | ||||||||||
| Address | ||||||||||
| Tel. No. | ||||||||||
| Part C For completion if the creditor is entitled to the debt by way of assignment. | ||||||||||
| Name | Date(s) of Assignment | |||||||||
| Original creditor | ||||||||||
| Assignees | ||||||||||
| How to comply with a statutory demand or have it set aside If you wish to avoid a bankruptcy petition being presented against you, you must within the period of 21 days of service upon you, satisfy the creditor that you are able to meet the debt demanded when it is due. | ||||||||||
| If you dispute that the debt will be due in whole or in part or if you dispute the allegation that you will be unable to pay the debt when it falls due or if you consider that you may be able to offer security for the debt or to compound for it you should— ‧contact the person or persons (or one of the persons) named in Part B immediately. | ||||||||||
| If you consider that you have grounds to have this notice set aside or if you do not receive a satisfactory written reply from the person or persons (or one of the persons) in Part B before the expiration of 18 days after service you should— ‧apply without delay to the Court of First Instance to have the notice set aside. | ||||||||||
| Remember: | You have only 21 days from the date of service on you of this document before the creditor may present a bankruptcy petition. | |||||||||
_
| Form 165 [rule 122E] | ||||
| A I O (Title) | ||||
| (a) Insert name and address of person to attend hearing. | Let (a) | |||
| attend before as follows— | ||||
| Date | ||||
| Time | hours | |||
| Place | ||||
| (b) Insert name of debtor. | on the hearing of an application by (b) the applicant for an interim order pursuant to sections 20 and 20A of the Bankruptcy Ordinance (Chapter 6) on the grounds that he intends to make a proposal to his creditors for a voluntary arrangement within the meaning of section 2 of the Ordinance. AND TAKE NOTICE that the applicant seeks an order pursuant to section 20 of the Ordinance that, whilst any interim order is pending, all actions, executions or other legal process against the property or person of the applicant be stayed. | |||
| AND FURTHER TAKE NOTICE that in support of this application there will be read the affidavit [affirmation] of the applicant sworn [affirmed] on | ||||
| Dated this day of . | ||||
| Ref: | ||||
| Signed | ||||
| Solicitors for the applicant | ||||
| (c) See rule 122E(4) of the Bankruptcy Rules (Cap. 6 sub. leg. A). | To the court and (c) | |||
_
| Form 166 [rule 122E] | |||||
| A S A I O (Title) | |||||
| (a) For the requirements of the affidavit generally. See rule 122E of the Bankruptcy Rules (Cap. 6 sub. leg. A). | I, | , | |||
| the above-named debtor MAKE OATH and say as follows—(a) | |||||
| 1. I make this affidavit in support of my application for an interim order under sections 20 and 20A of the Bankruptcy Ordinance (Chapter 6) and pursuant to rule 122E of the Bankruptcy Rules (Cap. 6 sub. leg. A). | |||||
| 2. There is exhibited hereto and marked “1” a copy of my proposal. 3. There is exhibited hereto and marked “2” a copy of the notice to my intended nominee under rule 122D of the Bankruptcy Rules (Cap. 6 sub. leg. A) endorsed to the effect that he agrees so to act. | |||||
| 4. The reasons for making the application are set out in my said proposal. | |||||
| (b) If this process has been commenced, full particulars must be given. | 5. No execution or other legal process has been commenced against me. (b) 6. I am able to petition for my own bankruptcy. 7. No previous application for an interim order has been made by me or in respect of me in the period of 12 months ending with the date of this affidavit. | ||||
| (c) Insert the name and address of the proposed nominee within the meaning of section 2 of the Bankruptcy Ordinance (Chapter 6). | 8. (c) of is a person who is experienced in insolvency matters and is willing to act in relation to the proposal. | ||||
| Sworn at | } | ||||
| this day of | |||||
| Before me, Commissioner of Oaths | |||||
_
| Form 167 [rule 122D] | ||||||
| N I N (a)(Title) | ||||||
| (a) See Rules 122D and 122E of the Bankruptcy Rules (Cap. 6 sub. leg. A). | ||||||
| To: of | ||||||
| Pursuant to rule 122D of the Bankruptcy Rules (Cap. 6 sub. leg. A) I hereby give you notice of my proposal for a voluntary arrangement pursuant to sections 20 and 20A of the Bankruptcy Ordinance (Chapter 6). There is delivered herewith a copy of the proposal. | ||||||
| Date: | ||||||
| (b) Debtor must sign in person. | Signed: | (b) | ||||
| I of | ||||||
| do hereby confirm pursuant to rules 122D and 122E of the Bankruptcy Rules (Cap. 6 sub. leg. A) that— | ||||||
| (1) | on day of I did receive a copy of the above notice; and | |||||
| (2) | I agree to act as a nominee. | |||||
| Date: | ||||||
| Signed: | ||||||
| Intended Nominee | ||||||
_
| Form 168 [rule 122F] | ||||||
| I O S B O (C )—O -S P (Title)ORDER | ||||||
| (a) Insert full name and address of applicant. | Upon the application of (a) And upon hearing of And upon reading the evidence and the court having this day considered the report of the nominee submitted pursuant to section 20D of the Bankruptcy Ordinance (Chapter 6) and filed on | |||||
| It is ordered that during the period of days beginning with the day after the date of this order and during any extended period for which this interim order has effect— | ||||||
| (b) To be deleted in a Case 2 application. | (b) | |||||
| (i) | no [further] bankruptcy petition relating to the above-named may be presented or proceeded with; and | |||||
| (ii) | no other proceedings and no execution or other legal process may be commenced or continued against the applicant or his property except with the leave of the court. | |||||
| AND IT IS FURTHER ORDERED that a meeting of the applicant’s creditors be summoned to consider the applicant’s proposals, such meeting as proposed by the nominee to be held on— | ||||||
| Date | ||||||
| Time | hours | |||||
| Place | ||||||
| Dated this day of . | ||||||
| Registrar | ||||||
_
| Form 169 [ss. 20E & 20F & rule 122N] | ||||
| P I V A | ||||
| † | Delete title not applicable | † IN BANKRUPTCY or † IN THE MATTER OF * (A DEBTOR) and | ||
| * | Insert the name of the debtor. | |||
| Notes to help completion of the form. | IN THE MATTER OF THE BANKRUPTCY ORDINANCE (CHAPTER 6) | |||
| Please give full name and address for communication. | Name of creditor | |||
| Address | ||||
| Please insert name of person (who must be 18 or over) or the “chairman of the meeting”. | Name of proxy-holder | |||
| I appoint the above person to be my/the creditor’s proxy-holder at the meeting of creditors to be held on _ or at any adjournment of that meeting. The proxy-holder is to propose or vote as instructed below [and in respect of any resolution for which no specific instruction is given, may vote or abstain at his/her discretion] | ||||
| Voting instructions for resolutions 1. For the acceptance/rejection of the proposed voluntary arrangement [with the following modifications—] | ||||
| Any other resolutions which the proxy-holder is to propose or vote in favour of or against should be set out in numbered paragraphs in the space provided below paragraph 1. If more room is requested please use the other side of this form. This form must be signed. Only to be completed if the creditor has not signed in person. | ||||
| Signature | Date | |||
| Name in BLOCK LETTERS | ||||
| Position with creditor or relationship with creditor or other authority for signature | ||||
| Remember: There may be resolutions on the other side of this form. | ||||
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Form 170 [rule 11] Memorandum of Advertisement (Title)
| Name of medium and (if applicable) issue number | Date of publication of advertisement | Date of filing this memorandum | Nature of order etc. |
| (Signed) |
(Schedule amended L.N. 125 of 2007)