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Section 116: Summary administration in small cases

Bankruptcy Act · PART VI: CONSTITUTION, PROCEDURE AND POWERS OF COURT

consolidated text (as at 2000). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

116. Summary administration in small cases (1) Where a petition is presented by or against a debtor, if the Court is satisfied by affidavit or otherwise, or the Official Receiver reports to the Court that the property of the debtor is not likely to exceed 10,000 rupees, the Court may make an order that the debtor’s estate be administered in a summary manner, and thereupon this Act shall be subject to the following modifications— (a) where the debtor is adjudged bankrupt, the Official Receiver shall be the trustee in bankruptcy; (b) there shall be no committee of inspection, but the Official Receiver may do with the permission of the Court all things which may be done by the trustee with the permission of the committee of inspection; (c) no fees shall be allowed in any such case to counsel or to attorney appearing in lieu of counsel except upon a certificate of the Judge that the presence of counsel or attorney was necessary. (2) (a) Such other modifications may be made in this Act as may be prescribed by general rules with a view to saving expense and simplifying procedure. (b) Nothing in this section shall permit the modification of this Act relating to the examination or discharge of the debtor. B4 – 43 [Issue 1] Bankruptcy Act PART VII — MISCELLANEOUS

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