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Duties of Official Receiver as to debtor’s estate

Cap. 244, s. 65 · Revised Edition 2020

(1) As regards the estate of a debtor, it shall be the duty of the Official Receiver, (a) pending the appointment of a trustee, to act as interim receiver of the debtor’s estate, and where a special manager is not appointed, as manager thereof; (b) to authorise the special manager to raise money or make advances for the purposes of the estate in any case where, in the interests of the creditors, it appears necessary to do so; (c) to summon and preside at the first meeting of (d) to issue forms of proxy for use at the (e) to report to the creditors as to any proposal which the debtor may have made with respect to the mode of liquidating his affairs; (f) to advertise the receiving order, the date of the creditor’s first meeting and of the debtor’s public examination and such other matters as it may be necessary to advertise; 62 (g) to act as trustee during any vacancy in the (2) For the purpose of his duties as interim receiver or manager, the Official Receiver shall have the same powers if he were a receiver and manager appointed by the court, but shall as far as practicable consult the wishes of the creditors with respect to the management of the debtor’s property, and may for that purpose, if he thinks it advisable, summon meetings of the persons claiming to be creditors, and shall not, unless the court otherwise orders, incur any expense beyond such as is requisite for the protection of the debtor’s property or the disposing of perishable goods, Provided that when the debtor cannot himself prepare a proper statement of affairs, the Official Receiver may, subject to any prescribed conditions, and at the expense of the estate, employ some person or persons to assist in the preparation of the statement of affairs. (3) The Official Receiver shall account to the court and pay over all money and deal with all securities in such manner as the court from time to time may direct. (4) The Official Receiver shall not, during his continuance in office, either directly or indirectly, by himself, his clerk, or partner, act as attorney in any proceeding in bankruptcy or in any prosecution of a debtor by order of the court, and if he does so act he shall be liable to be dismissed from office.
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Duties of Official Receiver as to debtor’s estate — Cap. 244 s. 65 · Belize Law