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Official Receivers

debtor, debtors, creditors, receiver, bankruptcy and act

OFFICIAL RECEIVERS occupy a position created by the Bankruptcy Act, 1883, their duties having relation both to the conduct of bankrupts and to the administration of bankrupts' estates. The country is divided, for the purposes of bankruptcy administration, into a large number of " districts" co-extensive, as far as possible, with the districts of County Courts having bankruptcy jurisdiction. In London the local County Court districts, not having that jurisdiction, are disregarded, and the bankruptcy laws RTC administered in a substituted London Bankruptcy district. As a rule one Official Receiver is appointed for each district, but in London there are several, and in the large industrial centres there are frequently more than one. On the other hand, one person may be appointed for more than one district. The Official Receivers act under the general authority and directions of the Board of Trade, but they are also officers of the courts of their respective districts. As regards a debtor's conduct, an Official Receiver has duties which make him primarily the representative of the law, but as regards a debtor's estate, his duties are mainly on behalf of the creditors and the debtor himself. In the former capacity he is required to--(1) Investigate the conduct of the debtor and to report to the Court, stating whether there is reason to believe that the debtor has committed any, act hich constitutes a misdemeanour under the Debtor's Act, 1869 [see FRAUDULENT DEBTOR], or any amendment thereof, or under the Bankruptcy Acts, or which would Justify the Court in refusing, suspending, or qualifying an order for his discharge; (2) make such other reports concerning the conduct of the debtor as the Board of Trade may direct ; (3) take such part as may be directed by the Board of Trade in the public examination of the debtor : (4) take such part and give such a.ssistance in relation to the prosecution of

any fraudulent debtor as the Board of Trade may direct. As regards the debtor's estate it is his tluty, pending the appointment of a trustee, to act as interim receiver of the debtor's estate, and as its manager where a specie; manager is not appointed. It is also his duty in this connection to- (1) authorise the special manag,er 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 so to do; (2) sunnnon and preside at the first meeting of creditors; (3) issue forms of proxy for use at the meetings of creditors; (4) report to the creditors as to any proposal which the debtor may have made with respect to the mode of liquidating his afFairs; (5) advertise the receiving order, the date of the creditors' first meeting and of the debtor's public examination, and such other matters as it may be necessary to adver tise ; (6) act as trustee during any vacancy in the office of trustee. For the purposes of his duties as an interim receiver or manager, an Official Receiver has the same powers as a receiver or manager appointed by the High Court. He must, however, as far as practicable, consult the wishes of the creditors with respect to the management of the debtor's property. For that purpose he can summon meetings of creditors, but, except by order of the Board of Trade, he has no power to incur any expense beyond such as is requisite for the protection of the debtor's property or the disposing of perishable goods. When a 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 one to assist in its preparation. See BANKRUPTCY.