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BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 43

Manner of proving debts
43. (1) Section 84 of the Principal Act is amended-

   (a)  by omitting paragraph (a) of sub-section (2) and substituting the
        following paragraph: "(a) shall set out particulars of the debt;"; and

   (b)  by omitting sub-sections (3) and (4) and substituting the following
        sub-sections:



"(3) Where the trustee is of the opinion that it is desirable that all the
matters, or some of the matters, contained in a proof of debt lodged with him
by a creditor should be verified by statutory declaration, the trustee may
serve on the creditor a notice, in accordance with the prescribed form,
informing the creditor that he is of that opinion and that, unless the
creditor lodges with the trustee a statutory declaration verifying the matters
contained in the proof of the debt or such of those matters as the trustee
specifies in the notice, the trustee will administer the estate as if the
proof of debt had not been lodged.



"(4) A statutory declaration verifying matters in a proof of debt lodged by a
creditor may be made by the creditor or by a prescribed person on behalf of
the creditor.



"(5) Where the trustee serves a notice on a creditor under sub-section (3) in
respect of a proof of debt, the proof of debt shall, for the purposes of this
Act (other than section 263 or 263B), be deemed not to have been lodged with
the trustee unless and until the creditor has lodged with the trustee a
statutory declaration verifying the matters in the proof of debt or such of
those matters as are specified in the notice, as the case requires.



"(6) A proof of debt under this section, or a statutory declaration referred
to in sub-section (3), sent to the trustee by post as certified mail (postage
being prepaid) shall be deemed to have been lodged with the trustee and shall
be deemed to have been so lodged at the time at which it would have been
delivered in the ordinary course of post unless it is shown that the trustee
did not receive it at that time.".

(2) The amendments of section 84 of the Principal Act made by sub- section (1)
of this section do not apply in relation to a proof of debt lodged with a
trustee, before the commencement of this section, in accordance with section
84 of the Principal Act. 


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