No. 64. Application for Order of Discharge on a Special Resolution that the Bankruptcy or the Failure to pay a Dividend of 10s. arose from Circumstances for which the Bankrupt should not be held responsible. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of The bankruptcy of A. B. having been closed, as shown by the order published in the London Gazette on the day of 187, and the creditors of the said bankrupt having, at a meeting held at Dated this day of 187 PART VII. CHAF. XV. Sect. 48. Registrar. No. 65. Application for an Order of Discharge during Continuance of Bankruptcy. "The Bankruptcy Act, 1869.” In the London Bankruptcy Court [or the county court of day of The creditors of the said bankrupt having, at a meeting held at on the 187 passed a special resolution, as shown by the minutes of the proceedings had at such meeting, duly signed by the chairman thereof, assenting to the bankrupt applying to this court for an order of discharge, although the bankruptcy has not been closed. [Show here, as in previous forms, whether a dividend of 10s. has been paid, or could have been but for the negligence or fraud of the trustee, or that by special resolution the bankruptcy or the failure to pay a dividend of 108. has arisen from circumstances for which the bankrupt should not be held responsible.] The said bankrupt doth hereby apply to the court for an order of discharge. day of day of A. B. 187 at Sect. 48. PART VII. CHAP. XV. No. 66. Memorandum of Application for Order of Discharge. In the London Bankruptcy Court [or the county court of The application of the said bankrupt for his order of discharge having been read, and the court being satisfied that the bankrupt is entitled to such order, doth hereby grant it. [If suspended or withheld, alter the form accordingly, and state reasons for suspending or withholding.] Sect. 48. No. 67. Order of Discharge. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of holden at ]. a bankrupt. day of In the matter of A. B., of Whereas at a court held this 187, the bankrupt applied for an order of discharge; and whereas it having been proved to the court that a dividend of ten shillings in the pound has been paid [ might have been paid except through the negligence [or fraud] of the trustee of the property of the bankrupt, or that a special resolution of the creditors of the bankrupt has been passed to the effect that his bankruptcy [or the failure to pay a dividend of ten shillings in the pound] has, in their opinion, arisen from circumstances for which the bankrupt cannot justly be held responsible, and that they desire that an order of discharge should be granted to the bankrupt], an order of discharge is hereby granted. [Or And whereas the court, having had made to it a representation of the creditors of the bankrupt made by special resolution of the creditors passed at a meeting of them held at of on the day 187 duly signed by the chairman thereof, that the bankrupt has made default in giving up to his creditors the property which he is required by the Bankruptcy Act, 1869, to give up [or that a prosecution has been commenced against the bankrupt in pursuance of the provisions relating to the punishment of fraudulent debtors contained in the Debtors Act, 1869, in respect of an offence alleged to have been committed by the bankrupt against the said act]; and whereas the court being satisfied of the truth of the representation of the creditors made by the said special resolution, it is ordered that the discharge of the bankrupt be withheld altogether [or suspended until the date of this order]. from Given under the seal of the court this day of 187 By the court, Registrar. "The Bankruptcy Rules, 1871," without expressly superseding PART VII. the preceding form, gave the following form of order of discharge: 2. Order of Discharge. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of day of 187 An order of discharge was this day granted to A. B., of was adjudicated bankrupt on the Dated this day of CHAP. XV. 187 who Rule 139, 1870. Registrar. No. 69. Notice in Gazette of Order of Discharge (i). In the London Bankruptcy Court [or the county court of holden at ]. Sect. 48. 187 who was ad- Rule 139. Registrar. §3.-RELEASE OF TRUSTEE. "The Bankruptcy Act, 1869," enacts that Sect. 51. "When the bankruptcy is closed, the trustee shall call a Release of meeting of the creditors to consider an application to be made to the trustee. court for his release. At the meeting the trustee shall lay before the assembled creditors an account showing the manner in which the bankruptcy has been conducted, with a list of the unclaimed dividends, if any, and of the property, if any, outstanding, and shall inform the meeting that he proposes to apply to the court for a release. The creditors assembled at the meeting may express their opinion as to the conduct of the trustee, and they, or any of them, may appear before the court and oppose the release of the trustee. The court, after hearing what, if anything, can be urged against the release of the trustee, shall grant or withhold the release accordingly, and if it withhold the release, shall make such order as it thinks just, charging the trustee with the consequences of any act or default he may have done or made contrary to his duty, and shall suspend his release until such charging order has been complied with, and the court thinks just to grant the release of the trustee." unclaimed Sect. 52. " Unclaimed dividends, and any other monies arising from Duty of the property of the bankrupt, remaining under the control of the trustee trustee as to at the close of the bankruptcy of any bankrupt, or accruing thereafter, dividends shall be accounted and paid over to such account as may be directed by and outstandthe rules of court to be made with the sanction of the treasury; and any parties entitled thereto may claim the same in manner directed by such rules. The trustee shall also deliver a list of any outstanding property of the bankrupt to the prescribed persons, and the same shall, when (i) "The Bankruptcy Rules, 1870." ing property. PART VII. practicable, be got in and applied for the benefit of the creditors in manner prescribed." CHAP. XV. Effect of release of trustee. Sect. 51. Sect. 52. Sect. 83. Sect. 51. Sect. 53. "The order of the court releasing the trustee of a bankruptcy 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 of such bankrupt; but such order may be revoked by the court on proof that it was obtained by fraud." The following "Bankruptcy Rules, 1870," relate to the release of the trustee : Rule 122. "A trustee desirous of obtaining his release shall apply to the registrar to fix the time and place upon which he may make application to the court for such release, and upon such time being fixed he shall summon a meeting of the creditors to consider such application, stating therein the time and place on which the application to the court will be made." 123. "A trustee applying for a release shall produce to the meeting of creditors a report from the comptroller upon his accounts" (k). 124. "The release of a trustee shall operate as a removal of the trustee, and thereupon the registrar shall be the trustee.” 125. "Upon the close of a bankruptcy the trustee shall deliver a list of the outstanding property to the registrar of the court, who shall realize the property, if practicable, and declare a dividend from the proceeds thereof in the same manner as if he had been the trustee by reason of there being no trustee acting during the continuance of the bankruptcy, as provided by sect. 83 of the act" (1). No. 60. Application for Release by Trustee and Order thereon. In the London Bankruptcy Court [or the county court of holden at In the matter of A. B. of ]. , a bankrupt. I, the trustee of the property of the said bankrupt, do make application to this court for my release as such trustee. Dated this day of 187 . G. H. On the hearing of the above application it is ordered by the court that the release of the said G. H. be granted, and it is hereby granted accordingly, and the said G. H. is hereby removed from the office of trustee of the property of the bankrupt. Given under the seal of the court this day of 187 . By the court, Registrar. - (k) Rule 248 directs that- counts, and the comptroller shall make such report and transmit it to the trustee, who shall produce the same at such meeting and to the court when making such application." (1) See sect. 83, ante, p. 276. § 4.-ACCOUNTS OF CLOSED BANKRUPTCY. "The Bankruptcy Rules, 1871," provide that Rule 17. "Upon the declaration of a dividend a trustee shall send to the comptroller a list of creditors who have proved, showing the amount of proofs and dividends." 18. "At the expiration of twelve months from the declaration of such dividend, or if the bankruptcy be closed within twelve months of such declaration, then at the close of the bankruptcy, the trustee shall forward to the comptroller a list of the dividends unclaimed, together with vouchers showing the payment of such dividends as have been paid." 19. "Upon the receipt of such list the comptroller shall send to the trustee an order by the accountant in bankruptcy upon the Bank of England to receive the amount of the dividends which remain unclaimed, and the trustee shall within one week from the date of such order pay into the Bank of England the sum mentioned in such order." 20. "Any other moneys arising from the property of the bankrupt remaining under the control of the trustee at the close of the bankruptcy of any bankrupt, shall, in like manner, be paid by the trustee into the Bank of England." 21. "All moneys received by a registrar acting as trustee after the close of a bankruptcy, shall in like manner be paid by him into the Bank of England within one month of the receipt of the same." 22. "The Governor and Company of the Bank of England shall receive and carry to the credit of the account of the accountant in bankruptcy all moneys so directed to be received by any order of the accountant.' 23. "Subject to the provisions of sect. 116 of 'The Bankruptcy Act, 1869,' and sect. 19 of The Bankruptcy Repeal and Insolvent Court Act, 1869, the court, upon being satisfied that any person who may claim to be entitled to any dividend or other payment from moneys which shall have been so paid into the Bank of England is entitled thereto, may order payment of the same according to the form in the schedule." 24. "Where payment is required to be made to a registrar of a county court for the fees authorized to be taken by him for the duties of realizing the estate and of making a dividend, the order directing such payment shall be signed by the judge of the court, and any order made by the London Bankruptcy Court for the payment of such fees shall be made payable to such officer as may be authorized to receive fees on behalf of her Majesty's exchequer." 25. "Every registrar acting as a trustee after the close of a bankruptcy shall, within ten days after the 30th June and 31st December, forward to the comptroller a certificate to the effect that he has paid into the Bank of England all sums of money received by him on account of closed estates." 26. "Every registrar acting as a trustee after the close of a bankruptcy shall, within twenty days of the 30th June in every year, forward to the accountant in bankruptcy an account showing the balance standing to the credit of each closed estate in which he is trustee, which account, if correct, shall be certified by the accountant and returned by him to the registrar." 27. "Where any money shall be paid into the Bank of England pursuant to these rules, the trustee shall receive a certificate from one of the cashiers of such bank." PART VII. CHAP. XV. |