Cap 6E - PROOF OF DEBTS RULES

Rule: 3 30/06/1997A proof of debt may be made by the creditor himself or by a person authorized by or on behalf of the creditorand having knowledge of the facts.(L.N. 220 of 1992)Rule: 4 L.N. 129 of 2007;L.N. 185 of 200710/12/2007(1) The creditor or the person authorized by or on behalf of the creditor shall declare in the proof of debt-(a) the creditor's name and address;(b) the total amount of his claim as at the date of the bankruptcy order; (L.N. 85 of 1998)(c) whether or not that amount includes outstanding uncapitalised interest;(d) particulars of how and when the debt was incurred by the bankrupt; (L.N. 85 of 1998)(e) particulars of any security held, the date when it was given and the value which the creditor puts uponit; and(f) the name and the authority of the person signing the proof (if other than the creditor himself) andmeans of knowledge of the facts.(2) There shall be specified in the proof any documents by reference to which the debt can be substantiated andsuch documents or a copy of such documents shall be submitted together with the proof.(3) The trustee to whom the proof is sent may call for any document, which has not already been submitted, orother evidence to be produced to him, where he thinks it necessary for the purpose of substantiating the whole or anypart of the claim made in the proof. (L.N. 129 of 2007)(L.N. 220 of 1992)_____________________________________________________________________________Note:* This rule was amended by the Proof of Debts (Amendment) Rules 2007 (L.N. 129 of 2007). The transitionaland savings provisions contained in s. 3 of that Amendment Rules are reproduced as follows:"3. Transitional and savings provisions(1) Notwithstanding anything contained in these Rules, the amendments effected under theseRules shall not apply to any case in which the bankruptcy petition was presented before thecommencement date, and such case shall continue and be disposed of as if these Rules had not beenmade.(2) This section is in addition to and not in derogation of section 23 of the Interpretation andGeneral Clauses Ordinance (Cap 1).(3) For the purpose of this section, #“commencement date” ( 生 效 日 期 ) means the day appointedfor the commencement of the Bankruptcy (Amendment) Ordinance 2005 (18 of 2005) (except sections 1,12, 19 and 32 of that Ordinance).".# Commencement date: 10 December 2007.Rule: 5 L.N. 129 of 2007;L.N. 185 of 200710/12/2007(1) The trustee may, if he thinks it necessary, require a claim of debt to be verified by affidavit in the prescribedform notwithstanding that a proof of debt has already been lodged.(2) The affidavit may be sworn before any person authorized to administer oaths or take statutory declarations.(L.N. 220 of 1992; L.N. 129 of 2007)_____________________________________________________________________________Note:* This rule was amended by the Proof of Debts (Amendment) Rules 2007 (L.N. 129 of 2007). The transitionaland savings provisions contained in s. 3 of that Amendment Rules are reproduced as follows:"3. Transitional and savings provisions(1) Notwithstanding anything contained in these Rules, the amendments effected under theseRules shall not apply to any case in which the bankruptcy petition was presented before theCap 6E - PROOF OF DEBTS RULES 2