Bankruptcy Forms and Notices




Mar. 23.] THE NEW ZEALAND GAZETTE. 383

E.

Nature of Property. Where situated. Estimated Value.
£
Total .. £

NOTE.—Each particular property must be separately specified.

Form No. 9.
PROOF OF DEBT.—GENERAL FORM. (Sections 100–117 of the Act.)
[Title.]

I, (1) of , do hereby solemnly and sincerely declare as follows :
(2) That I am in the employ of the under-mentioned creditor, and that I am duly authorised by to make this declaration, and that it is within my own knowledge that the debt hereinafter deposed to was incurred, and for the consideration stated, and that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied.
(3) That I am duly authorised, under the seal of the company hereinafter named, to make the proof of debt on its behalf.

That the said was at the date of his bankruptcy, and still is, justly and truly indebted to (4) in the sum of pounds shillings and pence for (5) , as shown by the account indorsed hereon, or by the following account, viz., for which sum or any part thereof I say that I have not nor hath (6) , or any person by (7) order, to my knowledge and belief, for (7) use, had or received any manner of satisfaction or security whatsoever, save and except the following (8) :

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

[Deponent’s signature.]
Declared at , this day of , 189 , before me—
Justice of the Peace, Solicitor, or Notary Public.

(1) Fill in full name, address, and description of deponent.
(2) (3) If proof made by debtor, strike out clauses (2) and (3). If made by clerk, strike out (3). If by agent of company, strike out (2).
(4) Insert “me, and to C.D. and E.F., my copartners in trade,” if any; or, if by clerk, insert name, address, and description of principal.
(5) State consideration as “goods sold and delivered by me [and my said partner] to him [or them], at his [or their] request, between the dates of [or moneys advanced by me in respect of the under-mentioned bill of exchange],” or as the case may be. (See back.)
(6) “My said partners or any of them,” or “the above-named creditor,” as the case may be.
(7) “My,” or “our,” or “their,” or “his,” as the case may be.
(8) Here state the particulars of all securities held, and, when the securities are on the property of the bankrupt, assess the value of the same; and, if any bills or other negotiable securities be held, specify them in the schedule.

Schedule.

Date. Drawer. Acceptor. Amount. Due Date.
£ s.

A.
Particulars of Account referred to in annexed Proof [or on other side].
(Credit should be given for contra accounts.)

If space not sufficient, let the particulars be annexed, but, where the particulars are on a separate sheet of paper, the same must be marked by the person before whom the affidavit is sworn.

Date. Consideration. Amount. Remarks.
£ s.

Form No. 10.
PROOF OF DEBT OF WORKMEN. (Rule 124.)
[Title.]

I [full name, address, and occupation of deponent], of , the above-named bankrupt [or the foreman of the above-named bankrupt, or on behalf of the workmen and others employed by the above-named bankrupt], do solemnly and sincerely declare—

  1. That I [or the said ] was at the date of the said bankruptcy, and still am, justly and truly indebted to the several persons whose names, addresses, and descriptions appear in the schedule hereunder written [or hereunto annexed] in the sums severally set against their names in the fifth column of such schedule, for wages due to them respectively as workmen or others in my employ [or the employ of the above-named bankrupt] in respect of services rendered by them respectively to me [or to the above-named bankrupt] during four months before the date of the bankruptcy, for which 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.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

[Deponent’s signature.]
Declared at , this day of , 189 , before me—
Justice of the Peace, Solicitor, or Notary Public.

Schedule above referred to.

No. Full Name of Workman. Address. Description. Amount due.
£

Form No. 11.
NOTICE OF FIRST MEETING. (Section 94 (2) of the Act.)
[Title.]

NOTICE is hereby given that , of , was this day adjudged bankrupt; and I hereby summon a meeting of creditors, to be held at my office on the day of , 189 , at o’clock.

Official Assignee.

189 .
N.B.—All proofs of debt must be filed not later than two months from the date of adjudication, and, if possible, before the first meeting of creditors.

Form No. 12.
NOTICE OF MEETINGS OF CREDITORS. (Section 94 (4) of the Act.)
[Title.]

Estate of
A MEETING of creditors in the above estate will be held at my office on the day of , 189 , at o’clock.
Business:

Official Assignee.

189 .

Form No. 13.
NOTICE OF REJECTION OF PROOF OF DEBT. (Section 101 (1) of the Act.)
[Title.]

TAKE notice that I have this day rejected your claim against such estate [to the extent of £ ], on the following grounds: [Here state grounds.]

And further take notice that, 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 thirty days from the date of service of this notice on you.

Dated this day of , 189 .

Official Assignee.

To .

Form No. 14.
GENERAL PROXY. (Section 96 (3) of the Act.)
[Title.]

I, C.D., of , a creditor, hereby appoint Mr. A.B., of , a clerk in my regular employ [or being resident at , more than ten miles from the place of meeting of creditors in the above bankruptcy, hereby appoint Mr.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1893, No 21





✨ LLM interpretation of page content

💰 Proof of Debt Form

💰 Finance & Revenue
Bankruptcy, Proof of Debt, Creditor, Debtor, Declaration, Justice of the Peace

💰 Proof of Debt of Workmen

💰 Finance & Revenue
Bankruptcy, Proof of Debt, Workmen, Wages, Declaration, Justice of the Peace

💰 Notice of First Meeting of Creditors

💰 Finance & Revenue
Bankruptcy, First Meeting, Creditors, Official Assignee, Adjudication
  • Official Assignee

💰 Notice of Meetings of Creditors

💰 Finance & Revenue
Bankruptcy, Meetings, Creditors, Official Assignee, Estate
  • Official Assignee

💰 Notice of Rejection of Proof of Debt

💰 Finance & Revenue
Bankruptcy, Rejection, Proof of Debt, Official Assignee, Claim, Grounds
  • Official Assignee

💰 General Proxy Form

💰 Finance & Revenue
Bankruptcy, Proxy, Creditor, Appointment, Meeting