Commonwealth Numbered Regulations
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1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 5
5. Rule 30 of the Bankruptcy Rules is repealed and the following Rules are
substituted: Affidavit verifying statement of affairs
"30. An affidavit verifying a statement of affairs, other than a statement of
affairs for the purposes of subsection 246 (1) or 247 (1) of the Act, shall be
in accordance with Form 10. Form of statement of affairs
"30A. For the purposes of paragraphs 54 (1) (a), 55 (2) (b), 56 (2) (a), 56
(13) (a) and (b) and 57 (2) (a) of the Act, a statement of affairs shall be in
a form provided by the Registrar for the purpose, and shall contain the
following information:
(a) in respect of every statement of affairs:
(i) the name, address and date of birth of the debtor;
(ii) the debts and liabilities (including contingencies) owed by the
debtor or, where the amount of a debt or liability is unknown
and cannot reasonably be ascertained or quantified, a fair and
reasonable estimate of the amount and a brief statement of the
circumstances that prevent the amount being precisely stated,
and in each case the year when the debt or liability was
contracted and the creditor's name;
(iii) full particulars of property in which the debtor has an
interest, either at law or in equity, including debts owed to
the debtor, and trusts, mortgages or other charges over or
affecting the property, or, where the amount of the debtor's
interest is unknown and cannot reasonably be ascertained or
quantified, a fair and reasonable estimate of the amount and a
brief statement of the circumstances that prevent the amount
being precisely stated;
(iv) all dispositions of property, including dates and the names of
recipients and any consideration paid or payable to the debtor,
made by the debtor in the period of 5 years preceding the date
of the statement or the date of the bankruptcy (whichever is
earlier);
(v) full particulars of any litigation (including the court, the
nature of the litigation, the capacity of the debtor in the
litigation, the amount in issue in the case of a liquidated
claim, and any right or claim of the debtor to a set-off or
counter-claim or to relevant insurance or other indemnity) in
which the debtor is involved or which is pending against the
debtor;
(vi) a description of any business in which the debtor is involved,
or has been involved during the applicable period mentioned in
subparagraph (iv);
(vii) particulars of the amounts and sources of all income received
by the debtor in the period of 2 years preceding the date of
the statement;
(viii) the names and ages of all persons dependent (wholly or in part)
on the debtor, and the relationship of each dependant to the
debtor;
(ix) a statement whether the debtor has ever previously been
bankrupt or entered into a deed of arrangement, a deed of
assignment or a composition under Part X of the Act or under
the repealed Act, or any analogous overseas legislation; and
(b) in the case of a statement of affairs by a debtor who, during the
period of 5 years preceding the date of the statement or the date of
the bankruptcy (whichever is earlier), has been in business as a
partner or sole proprietor, or has been a trustee of a trust that has
carried on a business, or a director or other officer of a company
that has been involved directly or indirectly in the carrying on of a
business:
(i) a statement of the nature and type of business;
(ii) the registered or principal office of the business and all
other addresses or locations at which the business is
conducted, or has been conducted during the period of 5 years
preceding the date of the statement or the date of the
bankruptcy (whichever is earlier);
(iii) the location or locations of the books of account and records
of the business and the name and address, or names and
addresses, of the person or persons having custody or control
of those books and records; and
(iv) the registered business name (if any). Statement of affairs by
joint debtors
"30B. (1) Joint debtors, whether partners or not, shall file with the
Registrar a statement of their joint affairs, in accordance with a form to be
provided by the Registrar.
"(2) The form mentioned in subrule (1) shall provide for the joint debtors to
state the matters specified in subrule 78 (2).".
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