Bankruptcy Procedure Rules




THE NEW ZEALAND GAZETTE. 859

(2.) Where the debtor resides more than ten
miles from the Court House, then the meet-
ing shall be at such other convenient place
within the district as the Registrar may fix.
20. When a first meeting is summoned, and the
creditors have assembled at the time and place ap-
pointed, they shall at once elect one of themselves
to be a Chairman, who shall preside at such meeting
and at every adjournment thereof, if he be present
at the time at which the adjourned meeting is con-
vened. If not, some other creditor may be elected
by the creditors present. Every such Chairman
shall have a casting vote in addition to his vote as a
creditor.
21. A book shall be provided for entering the minutes
of proceedings at all meetings of creditors, and shall
be called "The Minute Book of Proceedings in the
Bankruptcy of
." Every proceeding and
resolution of each meeting shall be fairly transcribed
in ink in such minute book, and at the close or ad-
journment of each meeting the proceedings shall be
signed by the Chairman, and the minute book for-
warded to the Registrar, to be by him kept in safe
custody until again required for any adjourned or
subsequent meeting. If the meeting should not be
closed or adjourn within the office hours of the Court,
such minute book shall be forwarded to the Registrar
immediately on the office of the Court being opened
on the next day. Such minute book shall, during
the hours at which the office of the Court shall be
open, be accessible for the purpose of inspection by
any person desiring to inspect the same; but no
entry or other proceeding shall in any case be altered
or amended except by the Chairman, at a meeting
and with the approval of the meeting.
22. Proxies shall not be recognized unless appointed
by some writing under the hand of the constituent
creditor, which shall be inspected by the Chairman
and authenticated to his satisfaction.
23. If only a limited number of creditors has proved,
and it should appear to the meeting that, if further
time were allowed, other creditors would be enabled
to prove their claims, the meeting may adjourn to
some subsequent date to allow further time for that
purpose.
24. If within half an hour from the time appointed
for the meeting there is not a quorum, or the required
number of creditors to pass a resolution are not pre-
sent or represented by proxies, the meeting shall
stand adjourned till the following day, at the same
place and hour; and if at such adjourned meeting
there is no quorum within half an hour from the time
of meeting, the meeting shall be deemed to be ad-
journed sine die.
25. Subject to the Act and these rules, any meeting
may be adjourned from time to time; but in no case
shall a meeting be held elsewhere than at the pre-
scribed place, unless by leave of the Court or a
Judge.

TRUSTEE.
26. The acceptance of the office of trustee shall
be entered in the minute book, and his acceptance of
office may be in the form in the Schedule hereto.
27. At the time of filing a declaration of insol-
vency, the debtor shall deliver to the Registrar as
complete a list as possible of his property, in order
to enable the Registrar to take possession of the
same, pursuant to Section 55 of the Act.
28. The creditors' Trustee, upon his becoming pos-
sessed of any property of a bankrupt, shall forthwith
deliver to the Registrar a Schedule of such property,
which shall be filed by the Registrar.

PROOF OF DEBTS.
29. Debts and claims of creditors under this Act
shall be proved by affidavit or by statutory declara-
tion.

  1. Any such proof may be contested upon motion
    or summons made or taken out for the purpose by or
    on behalf of the Trustee, or by or on behalf of any
    two or more creditors who shall have proved debts
    or claims against the debtor's estate to the amount
    of £100 or upwards; and the Court or Judge, if
    of opinion that the debt or claim is not a just one
    either wholly or in part, shall disallow the same
    either wholly or in part, as the case may require.
  2. In cases in which there shall be questions of fact
    in dispute between the parties, or any of them, in any
    such dispute as mentioned in the last rule, the Court
    or a Judge may order that such questions may be
    raised in the form of issues, and be tried in such
    manner as the Court or a Judge shall direct; and
    upon such trial (unless specially ordered to the
    contrary) the proving creditor shall be the plaintiff,
    and the Trustee or contesting creditors, as the case
    may require, shall be the defendant; and the Court
    may in every such case make such order as to costs
    as it shall think reasonable.
  3. A creditor may prove his debt at any duly sum-
    moned meeting of creditors, or at any time before
    such meeting by delivering or sending through the
    post in a pre-paid letter before the hour at which the
    meeting is to be held to the Registrar of the Court,
    and after that time addressed to the Chairman of the
    meeting at the place of meeting, an affidavit or
    declaration setting forth the amount of his claim and
    the nature thereof.
  4. Where a Trustee has been appointed by the
    creditors at the first meeting or at any subsequent
    or adjourned meeting, such affidavit or declaration
    shall be forwarded or delivered to such Trustee
    only.
  5. Such affidavit may be in the form in the
    Schedule hereto.
  6. The affidavit may be made by the creditor per-
    sonally, or by any agent on his behalf, or by any
    clerk or other person in his employment, but if the
    affidavit is made by an agent or clerk, it shall state
    that he is authorized by the creditor to make the
    affidavit, and that, to the best of his knowledge and
    belief, the claim is a bona fide claim, and that it still
    remains unsatisfied.
  7. A company or other body incorporated or
    authorized to sue may prove their debt by an agent,
    according to the form in the Schedule hereto.
  8. The Trustee may admit proof, and upon suffi-
    cient cause shown disallow any proof to which objec-
    tion may be taken at the first or any other meeting
    of creditors.
  9. When a creditors' Trustee has been appointed,
    all proof of debt received by the Registrar shall be
    given over to the creditors' Trustee.
  10. A creditors' Trustee, as soon as may be after
    his appointment, and after the receipt of each proof
    of debt, shall examine the same and the grounds of the
    debt, and, in writing, reject or admit it in whole or in
    part, or require further evidence in support thereof;
    and when he shall admit or reject any claim, he shall
    give notice thereof in writing to the creditor, stating,
    in case of rejection, the grounds thereof.
  11. If at any time after the admission of any debt
    by the creditors' Trustee, he shall have reason to
    believe that such debt has been improperly admitted,
    he may apply to the Registrar, upon affidavit setting
    forth the facts, for a day to be appointed for the
    Court to consider the propriety of expunging the
    proof or reducing the amount thereof.
  12. Any creditor dissatisfied with the decision of a
    Trustee in respect of a proof, may, within fourteen
    days after the receipt of the notice from the Trustee,
    apply to the Court to vary or revise the decision, and
    the creditor shall give notice to the Trustee thereof
    seven days before the day so fixed.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1876, No 68





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⚖️ Detailed Rules Governing Creditors' Meetings, Trustees, and Proof of Debts (continued from previous page)

⚖️ Justice & Law Enforcement
Bankruptcy, Creditors, Meetings, Chairman, Minute Book, Proxies, Trustee, Proof of Debts, Affidavit, Court Procedure