ons of the
various acts and rules relating to bankruptcy administration grouped under
convenient heads to facilitate reference. In some cases the effect of legal
decisions has been embodied in the summary.
_Preliminary Proceedings._
_Petition and Receiving Order._--Any court exercising bankruptcy
jurisdiction in the district in which he resides or carries on business
[v.03 p.0326] in England or Wales may make a receiving order against a
debtor, whether a trader or not, either on his own petition or on that of a
creditor or creditors whose claims aggregate not less than L50. In the case
of a creditor's petition proof must be given of the debt, and of the
commission of an act of bankruptcy within three months preceding the date
of the petition. An act of bankruptcy is committed if the debtor fails to
satisfy the creditor's claim upon a bankruptcy notice; if he makes an
assignment for the benefit of his creditors generally; if he absconds or
keeps house; if he gives notice of suspension of payments; if his goods are
sold or seized under execution; if he files in court a declaration of
inability to pay his debts; or if he grants a fraudulent preference or
conveyance. These acts are here enumerated in the order in which they most
frequently occur in practice.
_Object and Effect of Receiving Order_.--The object of the order is to
protect the debtor's property until the first meeting of creditors, and to
bring the debtor and his affairs within the jurisdiction of the court. Its
effect is to stay all separate action against the debtor, and to constitute
the official receiver attached to the court receiver of the debtor's
property, although the legal title still remains in the debtor. Where there
is an estate or business to be managed the official receiver may appoint a
special manager, who receives such remuneration as the creditors, or
failing them the Board of Trade, may determine. As a consequence of the
order the following obligations are imposed upon the debtor:--He must make
out and submit to the official receiver within a prescribed period a
statement of his affairs, containing the names and addresses of his
creditors, the amount of their claims and the securities held by them, and
the nature and value of his assets; and accounting for his deficiency. Any
material omission or false statement of his losses or expenses is a
misdemeanour under the Debtors Act, unless he can prove that he had no
intention to defraud. Th
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