FEDERAL COURT (BANKRUPTCY) RULES 2005 (SLI NO 341 OF 2005) - REG 4.03 Creditor’s petition founded on issue of execution against debtor (Bankruptcy Act s 40 (1) (d))

FEDERAL COURT (BANKRUPTCY) RULES 2005 (SLI NO 341 OF 2005) - REG 4.03

         (1)   If a creditor’s petition is founded on an act of bankruptcy mentioned in paragraph 40 (1) (d) of the Bankruptcy Act, the affidavit verifying the petition must state:

                (a)    that, in consequence of the issue of execution against the debtor, property of the debtor has been sold by the sheriff or held by the sheriff for 21 days; or

               (b)    that the writ or warrant of execution relating to the act of bankruptcy has been returned unsatisfied.

         (2)   If paragraph (1) (b) applies, the affidavit must have attached to it a sealed or certified copy of the writ or warrant of execution returned unsatisfied.