Section 76 applies the provisions of the First Schedule to proof of debts. The First Schedule sets out a new procedure with regard to the proving of debts in bankruptcy or arrangement matters. At present all relevant documents relating to debts claimed by creditors, for example, affidavits of proof, statements of accounts etc. are examined by the Official Assignee and his staff. The documents are then submitted to the assistant examiner at special sittings of the court for proof of debts, and he decides whether to admit or reject any particular debt. Debts can also be proved at other sittings of the court, for example, the first public sitting for the choice and appointment of a creditors assignee. Under the First Schedule, in accordance with the committee's recommendation that the examiner's role in bankruptcy administration should cease, the admission or rejection of debts will in future be the Official Assignee's function. Disputed claims will be referred by him to the court — paragraph 23 (c). A creditor will normally prove his debt by sending particulars of his debt or other required documentation by post to the Official Assignee and by attending before him in his office if necessary. As at present, debts may also be proved at certain sittings of the court, for example, statutory sittings referred to in section 17 (3). Special proof of debt sittings may be held before the court but they will not represent the usual methods of proving debts. The committee's recommendation that the system of proving debts should be by means of proof of debt sittings held before the Official Assignee (in place of the assistant examiner) has not been adopted.
SECTION 76.
Question proposed: "That section 76 stand part of the Bill."
Question put and agreed to.