CAP. 244, BANKRUPTCY ACT - SUBSIDIARY LAW BELIZE
BANKRUPTCY ACT CHAPTER 244
REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003
This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.
ARRANGEMENT OF SUBSIDIARY LAWS
BELIZE
BANKRUPTCY ACT CHAPTER 244
REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003
This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.
This edition contains a consolidation of the following laws- Page
BANKRUPTCY RULES 3-26
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CHAPTER 244
BANKRUPTCY RULES
[28th January, 1902]
1. These Rules may be cited as the
BANKRUPTCY RULES.
2. The rules contained in the Schedule hereto shall apply to all cases of Bankruptcy in Belize.
__________
SCHEDULE TABLE OF FEES AND COSTS
SCALE OF ATTORNEY-AT-LAW’S COSTS
1. PETITIONING DEBTOR’S ATTORNEY-AT-LAW’S BILL OF COSTS.
1. In Summary Cases $ ¢
Instructions for petition, search for prior petition, drawing and attesting petition, attending presentation and hearing thereof, attending Official Receiver with deposit, on giving him all necessary information after order made, and upon preliminary examination of debtor, attending public examination, drawing bill of costs, obtaining appointment to tax, and copy notice of and attendance at taxation (exclusive of court fees and other proper disbursements)-
Title.
Schedule.
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$ ¢ (a) Where the assets are certified as not likely to
realise $500 12 00
Preparing order of adjudication on application of debtor under Rule 162……………………………………… 2 00
(b) Where the assets are certified as likely to realise more than 500, but not to exceed $1,000 ……. 16 00
Preparing order of adjudication on application of debtor under Rule 162 ...……………………………………. 3 00 The costs under these two heads (a) and (b) will not be liable to reduction under Rule 89.
(c) Where the assets are certified by the Official Receiver as likely to realise more than $1,000, but not to exceed $1,500, three-fifths of the following charges, in accor- dance with the provisions of Rule 89, shall be allowed.
2. In Non-Summary Cases
Instructions for petition- $ ¢ Where the assets are certified- As not likely to realise $2,000…………………………. 14 00 As likely to exceed $2,000, but not to exceed $4,000 .... 16 00 As likely to exceed $4,000 but not to exceed $8,000 ..... 20 00 As likely to exceed $8,000 but not to exceed $12,000 ... 25 00 As likely to exceed $12,000 but not to exceed $16,000 .. 30 00 As likely to exceed $16,000 but not to exceed $20,000 .. 35 00 As likely to exceed $20,000 but not to exceed $30,000 .. 40 00 As likely to exceed $30,000 but not to exceed $40,000 .. 45 00 As likely to exceed $40,000 then the fee shall be increased by five dollars for every additional $10,000
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or fraction of $10,000 beyond the first $40,000.
A certificate of the Official Receiver as to the value which the assets are likely to realise shall be produced to the Taxing Officer, and the allowance for instructions for petition made in accordance therewith.
If the assets realise more than the amount certified by the Official Receiver, the fees may be calculated accordingly and the additional percentage shall be recoverable out of any assets available after payment of all costs, charges and fees, if claimed in writing before the assets have been distributed by the trustee, and if the assets realise less than the amount so certified the excess of percentage shall be disallowed, and if paid shall be repaid to the trustee.
In cases where a composition is accepted and confirmed by the Court the value of the assets shall be taken at the amount payable to the trustee or otherwise required for the purposes of composition.
$ ¢ Search for prior petition per hour or part of an hour .……. 0 50 Drawing and attesting petition .............................………. 3 00 Attending Official Receiver with deposit .......................… 0 50 Attending presentation and hearing of petition ..............…. 2 50 Drawing receiving order and copy and attending passing … 2 50 Preparing order of adjudication on application by debtor under Rule 162 .........................................................…………... 4 00 Attending Official Receiver on receiving order being made and giving him all necessary information ………………………. 2 50 Letters, messengers, &c .......................…………………… 1 25
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3. Debtor’s Attorney-at-Law’s Costs on consenting to a Receiving Order on Creditor’s Petition
$ ¢ Instructions for and drawing consent to receiving order (if a receiving order is made by consent within five days after service of petition)-
Where the assets are certified by the Official Receiver- As not likely to realise $2,000 ……………………….. 5 00 As likely to exceed $2,000 but not to exceed $4,000 ... 7 50 As likely to exceed $4,000 but not to exceed $5,000 .. 10 00 As likely to exceed $5,000 …………………………. 15 00 Preparing order of adjudication on application by debtor under Rule 162 ……………………………………… 5 00 Attending Official Receiver on receiving order being made and giving him all necessary information ……………….. 2 50 Letters, messengers, &c ………………………………… 1 25 The charges under this paragraph shall not be allowed in cases falling under paragraphs 1(a) and(b).
4. Debtor’s Attorney-at-Law’s Costs on filing a Declaration of Inability to Pay
Instructions for drawing and attesting declaration of inability to pay, including affidavit of identity of debtor (where requisite) ………….......................................... 2 50 Attending filing ………………………………………… 0 50 The charges under this paragraph shall not be allowed in cases falling under paragraphs 1(a) and (b), or if the debtor subsequently files his own petition The expense of an assignment shall not be allowed where a declaration of inability would answer the purpose
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II. -PETITIONING CREDITOR’S ATTORNEY-AT-LAW’S BILL OF COSTS
1. Where the Act of Bankruptcy is non-compliance with a Bankruptcy Notice
$ ¢ Instructions for and preparing notice, and preparing request to issue ..........…………………………………………... 3 00 Attending filing. …………………………………………… 0 50 Notice and two fair copies .............. ……………………… 1 50 Attending sealing notice and copies ..……………………… 0 50 Service of notice .........................…………………………. 0 50 Affidavit of service of notice (where necessary) and attending swearing ………………………………………………….. 1 50 Attending court on hearing of notice and drawing order ..……. 3 50 If the debtor sets up a counterclaim or otherwise disputes the validity of the notice, all necessary charges in addition to the foregoing shall be allowed for perusals of affidavits in reply or procuring viva voce evidence
2. Proceedings on Petition $ ¢
Instructions for petition…………………………………… 5 00 Examining particulars of petitioning creditor’s account ……. 1 50 If the act of bankruptcy is default made upon a bankruptcy notice issued by the attorney-at-law to the petitioner this last charge shall not be allowed.
Where the act of bankruptcy arises under sub-sections 1(a), (b), (c), (d), (e), or (h), of section 3 of the Act, special attendances (where necessary) to examine witnesses as to the facts they can prove shall be allowed, the charges for which, and for summoning witnesses, or for affidavits, shall be in the discretion of the Taxing Officer according to the circumstances, and where it is necessary to
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support the petition, the usual charges for appearing in Court or Chambers shall be allowed.
$ ¢ Search for prior petition, per hour or part of an hour .......... 1 50 Drawing bankruptcy petition ......................................….... 2 50 Engrossing petition, where the petition exceeds seven folios, per folio of seventy-two words ......................................…. 0 10 Attesting signature of each petitioning creditor, except where petitioners are in partnership .......................................…… 1 50 Where petitioning creditor is a company or corporation with seal…................................................................................ 3 00 Drawing and fair copy affidavit verifying petition .....……… 1 00 Attending petitioner to be sworn .............................……… 0 50 Two copies of petition for sealing, per folio ...............……… 0 10 Preparing subpoena and serving witnesses, or arranging with witnesses for their attendance on presentation of petition when necessary............................................................................. 3 00 Payment of witnesses (see Supreme Court Scale). The petitioning creditor shall not be regarded as a witness; he shall not be paid for loss of time, but shall be allowed his expenses of travelling and subsistence. Attending Official Receiver with deposit……………………. 0 50 The amount of deposit is to be charged in the petitioning creditor’s bill of costs. Attending on presentation of petition and investigation of the statements therein by the Court, and for clerk…………… 5 00 Drawing order for hearing petition …………………………. 1 00 Service of petition (see Scale in No. VI). Affidavit as to act of bankruptcy, including drawing and attending swearing ………………………………………… 1 50 Affidavit of petitioner’s debt, including drawing and attending swearing …………………………………………………… 1 50 Where the debtor consents to an immediate receiving order, and does not employ his own attorney-at-law-
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$ ¢ Drawing and attesting consent, including affidavit of identity (when requisite)- Where the assets are certified- As not likely to realise $2,000 ......................................…… 5 00 As likely to exceed $2,000 but not to exceed $4,000 .......… 7 50 As likely to exceed $4,000 but not to exceed $10,000 ......... 10 00 As likely to exceed $10,000 ..................................………. 15 00 Attending court on hearing petition ……………………….. 5 00 Drawing receiving order and copy and attending passing …… 2 50 Attending Official Receiver after receiving order made, and giving him all necessary information ………………………… 3 00 More than one attendance at the presentation or hearing of a bankruptcy petition shall not be allowed unless ordered and certified by the Court at the time. Attending court where adjournment ordered ……………… 1 50 Instructions for appointment of interim receiver …………… 3 00 Drawing and copy application …………………………… 1 25 Instructions for necessary affidavits in support, each ……… 1 50 Drawing same, per folio ………………………………… 0 25 Fair copy, per folio ……………………………………… 0 10 Attending deponents, each ……………………………… 0 50 Attending filing affidavits ………………………………… 0 50 Attending court on hearing application …………………… 5 00 Drawing order in duplicate and attending to pass ………… 1 50 Attending Official Receiver with order, paying deposit, and giving all necessary information ………………………… 2 00 Letters, messengers, &c. (in discretion of Taxing Officer).
3. Costs for Substituted Service where the Debtor keeps out of the way to avoid Service
Preparing and making application to the Court for substituted service, including previous attendances to serve which have been without
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effect because the debtor was keeping out of the way and could not $ ¢
be personally served (inclusive charge)……………………….. 3 50 Drawing affidavit of facts, showing that due pains had been taken to effect personal service, per folio ……………………............ 0 25 Fair copy of affidavit, per folio ………………………………... 0 10 Attending to swear and file affidavit and to obtain order for substituted service and drawing up order…………………….... 3 00
4. Where the Debtor disputes the statement in the Petition
Attending petitioner where the debtor has served notice of disputing the statements in the petition ………………………................... 1 50 Special attendances shall be allowed to examine witness as to the facts they can prove, the charges for which, and for summoning witnesses, shall be in the discretion of the Taxing Officer, according to the circumstances. Attending court when the receiving order is made …………….. 5 00
5. Where the Debtor is required by the Court to enter into a Bond
Attending to make inquiries as to sufficiency of sureties ……….... 3 00 This charge shall be subject to increase, according to the distance of the sureties’ residence. Drawing exceptions to sureties …………………………………….. 1 00 Service thereof on debtor’s attorney-at-law………………………… 0 50 Attending court when sureties allowed or disallowed ……………….. 3 00 The costs of the affidavits in opposition to the allowance of the bond for want of sufficiency of sureties shall be the same as of other special affidavits.
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III.- Special Costs $ ¢
Instructions for appointment of a special manager …………………… 3 00 Drawing and copy application .......................……………………… 1 00 Instructions for affidavits in support, not exceeding three in number, unless the Taxing Officer considers that further affidavits were necessary, each .......………………………………………………………….. 1 50 Drawing same, per folio ...............…………………………………. 0 25 Fair copy, per folio ......................………………………………… 0 10 Attendances on deponents, each .....……………………………… 0 50 Attending Official Receiver to lodge papers and to obtain appointment to hear application ………………………………………………… 0 50 Attending Official Receiver on hearing application ………………….. 3 00 Proper charges for further attendances on creditors and other work necessarily done by an attorney-at-law in connection with the appoint- ment of a special manager shall be allowed, but no costs shall be allowed on an unsuccessful application unless the Official Receiver shall certify that the costs of the application should be allowed. Attendance at public examination where the court thinks such attendance necessary…………………………………………………………… 5 00
The following costs subsequent to receiving order may also be allowed upon a certificate in writing of the Official Receiver that the attendance was necessary in the interests of the estate, and shall not be exceeded unless specially authorised by him- Attending Official Receiver upon preliminary examination of debtor … 3 00 Attendance at first meeting of creditors……………………….......... 3 00
The petitioning creditor’s attorney-at-law may be allowed all proper charges at the rate specified in the scale for all work necessarily or usefully done in the interests of the creditors generally for the protection or benefit of the estate between the presentation of the petition and the date of the receiving order, if the Official Receiver shall certify that the work done was necessary or useful. Such certificate may be given by the signature of the Official Receiver to a
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memorandum containing such certificate at the foot of the bill of costs.
In exceptional cases where the petitioning creditor’s attorneyat-law has prior to the presentation of the petition rendered special services in the interests of the creditors generally, and such services shall have assisted to preserve or increase the assets, or otherwise been of substantial advantage to the estate, the Taxing Officer may, upon a certificate signed by the Official Receiver to that effect, which may be given by a memorandum containing such certificate at the foot of the bill of costs, allow all proper charges for such services at the rate specified in the scale.
Where the Official Receiver employs the petitioning creditor’s attorney-at-law or the debtor’s or other attorney-at-law to take any steps for the protection or benefit of the estate or in other matters not included in the foregoing scale, the costs of work done under such employment shall, in the absence of any special agreement with the Official Receiver, be subject to taxation under Scale No. VI.
IV.-TAXATION OF PETITIONER’S COSTS
Drawing bill of costs and copy, and notice of and attendance at taxation- On debtor’s petition …………………………………………........ 3 50 On creditor’s petition (when costs do not exceed $50) ……………. 3 50 With an additional allowance where costs exceed $50 or 5% on the amount of the bill, provided that the total fee shall not exceed $25.
No charges except those included under the preceding scales shall be allowed in the case of a debtor’s petition or unopposed creditor’s petition unless in the latter case the Taxing Officer considers that for special reasons additional items may be allowed.
Where the petition is opposed costs may be allowed in addition for necessary matters not provided for under the preceding scales or under Scale No. VI; such allowances shall be made in conformity with that scale as nearly as may
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be, or with the scales of costs in the Supreme Court, according to the nature of the proceeding.
V.-DEBTOR’S ATTORNEY-AT-LAW’S COSTS
$ ¢ 1. Where the Court allows Costs to the Debtor
on a Bankruptcy Notice being set aside
Instructions to apply to set aside bankruptcy notice……………….. 1 50 Perusing and considering bankruptcy notice ………………………. 1 52 Instructions for affidavit of counter-claim …………………………. 1 50 Drawing same, per folio …………………………………………. 0 20 Fair copy, per folio …………………………………………....... 0 15 Attending to file, and drawing application for appointment to hear and notice ………………………………………….…………… 1 50 Costs of further affidavits, or of procuring viva voce evidence, and of other incidental charges properly incurred, shall be allowed in the discretion of the Taxing Officer. Attending court on application- If heard…………………………………………………………… 5 00 If adjourned……………………………………………………… 1 50 Drawing order and copy and attending to pass……………………. 1 50 Letters, messengers, &c. (in discretion of Taxing Officer). The debtor’s personal expenses for travelling and loss of time shall be allowed according to the scale for witnesses in the Supreme Court.
2. Where the Court allows Costs to the Debtor on Dismissal of Petition
Attending debtor served with copy of petition and taking instructions to show cause ...........................................……………………….. 1 50 Drawing notice to show cause ......................................………….. 1 25 Two fair copies for service………………………………………… 0 50
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$ ¢ Service on creditor .........…………………………………………. 0 50 Service on creditor’s attorney-at-law ........………………………… 0 50 Perusing and considering petition .................................……………. 1 50 Special attendances shall be allowed to examine witnesses as to the facts they can prove, the charges for which and for summoning witnesses shall be in the discretion of the Taxing Officer according to the circum- stances. Attending court on petition- If heard ...........…………………………………………………… 5 00 If adjourned .....…………………………………………………… 1 50 Drawing order and copy, and attending to pass……………………. 1 50 Letters, messengers, &c. (in discretion of Taxing Officer). The debtor’s personal expenses for travelling and loss of time shall be allowed according to the scale for witnesses in the Supreme Court.
VI.-MISCELLANEOUS AND GENERAL COSTS
1. Costs of the Day on Adjournment where no fixed amount is named in the Order
Attendance in court ..................................................................... 3 00 Drawing order and passing .......................................................... 1 50 Notice to witnesses, each ............................................................ 0 50 Payment to witnesses (see VII) (12)
2. Warrants $ ¢
Warrant, warrant of seizure, or search warrant .............................. 1 50 And if more than four folios, for each folio beyond four ................. 0 25
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3. Service $ ¢
Service of petition, order, notice, or other process, each service ....... 0 50 If the distance be more than two miles, 25 cents per mile on such further distance, or a sum, in the discretion of the Taxing Officer, according to circumstances. Service by post, including postage ................................................... 0 50 Special service under an order (in discretion of Taxing Officer). In cases of great distance the service shall be by agent, unless otherwise sanctioned.
4. Instructions $ ¢
For statement of facts, or special case for the opinion of the Court or judge ........................................................................... 3 50 For record for trial .................................................................... 2 50 For motion ................................................................................ 1 50 For motion on appeal.................................................................. 2 50 For any proceeding or application not otherwise provided for ...... 1 50 For applications for directions ..................................................... 1 50 For application for substituted service ......................................... 1 50 To appear on hearing of a matter under rule ................................ 3 00 For special affidavits .................................................................. 1 50 For proposal for scheme of arrangement or composition ............. 1 50 For hearing, trial, or determination of any petition, issue of fact, special case, or motion other than an interlocutory motion before the Court or Judge, not exceeding ............................................... 25 00 For hearing of any interlocutory motion, not exceeding ................. 10 00 (or such further sum as the Taxing Officer may allow).
5. Drawing Documents
Commission or order for examination of witnesses abroad, per folio.. 0 25 Other orders where necessary, per folio ........................................... 0 25 Proposal for scheme of arrangement or composition, per folio........... 0 25
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Application for an appointment before the judge, and copy................ 1 25
6. Perusals $ ¢
Of notice of motion by the attorney-at-law of the party on whom the whom the same is served ................................................................. 1 50 Or, if exceeding 20 folios, per folio.............................................. 0 50 Of affidavits, depositions, and exhibits by the attorney-at-law of the party against whom the same can be read, per folio...................... 0 50 Of other documents where necessary, per folio............................ 0 50
7. Attendances $ ¢
On application for directions ...................................................... 3 00 At court on application for warrant, warrant of seizure, or search warrant .......................................................................... 3 00 Instructing officer as to execution of warrant, warrant ofseizure, or search warrant ...................................................................... 1 50 To file affidavits ......................................................................... 0 50 General attendances, each ......................................................... 0 50 Long and special attendances, not exceeding (in the discretion of the Taxing Officer) .......................................................................... 3 00 At meetings of creditors (other than first meetings) or of committees of inspection when duly authorised and necessary, per hour ......... 1 00
8. Letters, Telegrams, &c.
Writings letters, each ..................................................................... 1 00 Circular letters, original ................................................................. 1 00 For each copy thereof, including addressing and despatching, not exceeding ten ............................................................................... 0 25 If above ten in number letters shall be printed or typewritten, and there shall be allowed for each copy addressed and despatched, in addition to printer’s charges ..................................................... 0 10
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$ ¢ Preparing and attending to despatch necessary telegrams................. 1 25
VII-GENERAL REGULATIONS
1. All court fees and other proper disbursements shall be allowed in addition to the remuneration in this scale provided.
2. Vouchers shall be produced on taxation for all payments, or such payments shall be disallowed.
3. Bills of costs shall be written lengthways on one side only, distinguishing, by inserting in separate columns, costs out of pocket from charges for work done or time expended. Dates and numbers shall be furnished to each item, but they must not be written in the margin, which shall be left clear for taxation.
4. The fees allowed for drawing any affidavit or other document shall include any copy made for the use of the attorney-at-law or agent.
5. No instructions for affidavit shall be allowed when the attorney-at-law or his clerk makes the affidavit.
6. The allowances for instructions and drawing an affidavit in answer to interrogatories and other special affidavits, and attending the deponent to be sworn, shall include all attendances on the deponent to settle and read over.
7. The fees allowed for delivery of documents, services and notices shall not be allowed when the same attorney-at-law is for both parties, unless it be necessary for making an affidavit of service.
8. The fees allowed for perusal shall not apply where the same attorney-at-law is for both parties.
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9. Where the same attorney-at-law is employed for two or more persons having the same interest and separate papers are delivered, or other proceedings had by or for two or more such persons separately, the Taxing Master shall consider in the taxation of such attorney-at-law’s bill of costs, either between party and party, or between attorney-at-law and client, whether such separate papers or other proceedings were necessary or proper; and if he be of opinion that any part of the costs occasioned thereby has been unnecessarily or improperly incurred, the same shall be disallowed.
10. A folio is to comprise seventy-two words, every figure comprised in a column, or authorised to be used, being counted as one word.
11. As to all fees and allowances which are discretionary, the same are, unless otherwise provided, to be allowed at the discretion of the Taxing Master, who is to take into consideration other fees and allowances to the attorney-at-law in respect of the work to which any such allowance applies, the nature and importance of the matter, the amount involved, the interest of the parties, the estate or persons to bear the costs, the general conduct and costs of the proceedings, and all other circumstances.
12. The allowances to witnesses in bankruptcy proceedings shall be in accordance with those for the time being ordinarily made in other proceedings in the court.
13. Wherever practicable the stamp shall be affixed or the money paid in respect of every fee mentioned in Tables A, B, and C, before the proceeding is had, in respect of which the fee is payable.
VIII.-SCALE OF ALLOWANCES TO BROKERS AND ACCOUNTANTS & C.
The following charges to the end shall be subject to reduction by agreement with the Official Receiver or the trustee, or to increase with the sanction of the Committee of Inspection and the Official Receiver:
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1. Broker’s Allowances $ ¢
For inventory only, of chattel property and one copy (not exceeding five folios)................................................................................. 2 50 For every additional folio beyond five, and one copy.................. 0 25 For every half-hour or fraction of half-hour necessarily occupied in going to and from the premises where the inventory has to be made, if situated more than one mile from the broker’s office........ 0 50 For inventory and valuation of chattel property- On the first $500 ....................................................................... 2½ % On the next $2,000 ................................................................... 1 % Above, up to $40,000................................................................ 1 % Above $40,000 ........................................................................ ½ %
In addition, the broker shall be entitled to fares or hire actually paid, if the distance exceeds one mile, but when beyond five miles the amount shall be in the discretion of the Taxing Officer, but shall not exceed the actual expense of travelling.
2. Auctioneer’s Charges For sales by private contract based on the valuation, half the above charges for inventory and valuation.
For sales by auction, including all expenses except newspaper advertisements, which require in each case to be authorised at the time by the Official Receiver or the trustee-
$ ¢ Of chattel property not exceeding- On the first $500.............................................................................. 5% On the next $2,000 ......................................................................... 2½% Above, up to $5,000 ..................................................................... 1½% Above $5,000................................................................................ 1 % Of estates, freehold, leasehold, etc., including prior valuations, for determining amount of reserve bids- On the first $1,500 ......................................................................... 5%
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On the next $1,500 ................................................................... 2½ % Above, up to $20,000 ................................................................ 1¼% Above $20,000 ......................................................................... 1% No higher allowance to be sanctioned without the leave of the Court.
$ ¢ Costs of surveys, dilapidations, and specifications in discretion of Taxing Officer............................................................
3. Accountant’s Charges
Where the employment of an accountant has been duly sanctioned, and in the absence of any special arrangement with the Official Receiver or the trustee for a smaller amount, the following charges may be allowed:
$ ¢ For preparing balance sheet, investigating accounts, &c., 5 00 principal’s time, exclusively so employed, per day of seven to hours, including necessary affidavit.............................................. 25 00 Or such other sum as the Court may under special circumstances order.
2 50 Assistant or clerk’s time ............................................................. to
10 00 These charges shall include stationery, except the forms used.
IX.- SCALE OF COURT FEES AND PERCENTAGES TABLE A
Every declaration by a debtor of inability to pay his debts............. 1 25 Every bankruptcy notice.............................................................. 1 25 Every bankruptcy petition............................................................ 10 00 NOTE.-Where on a debtor’s petition the Official Receiver gives a certificate that there is reasonable ground for believing that the assets are sufficient to meet the expenses of administration this fee shall not be charged.
10 00 to 25 00
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$ ¢ Every bond with sureties ............................................................. 1 25 Every affidavit filed, other than proof of debts .............................. 0 25 Every subpoena or summons under section 26 of the Act ............. 0 25 For taking an affidavit or an affirmation, or attestation, upon honour in lieu of an affidavit or a declaration, except for proof of debts, and except declaration by a shorthand writer under Rule 53 (Form 33), for each person making the same ................................................. 0 25 And in addition thereto for each exhibit therein referred to and required to be marked .............................................................................. 0 25 On every proof of debt above $10 (other than proof for workmen’s or labourers’ wages under Rule 194) ............................................ 0 25 Every petition ............................................................................... 10 00 Every receiving order under section 80 of the Act ......................... 10 00 Every application for an order of discharge, including expense of gazetting ....................................................................................... 5 00 And for each creditor to be notified................................................ 0 25 Every application for search other than by petitioner, trustee, bankrupt, or any officer of the Court ............................................................. 0 25 Every application to the Court, except by the Official Receiver when acting either as Official Receiver or Trustee..................................... 1 25 Every office copy, each folio of seventy-two words ........................ 0 10 On every record of trial ................................................................. 10 00 Or such less sum as the Court may specially order. Every allocatur by the Taxing Officer of the Court for any costs, charges, or disbursements- Where the amount allowed shall not exceed $20 ............................. 2 50 Where the amount exceeds $20, for every $10 allowed or a fraction thereof ........................................................................................... 1 25 Every application to the Official Receiver to appoint a special manager or to carry on the business of a debtor ............................................... 1 25 Every application by a trustee to the Official Receiver acting as committee of inspection under Rule 310- Where the assets are certified by the Official Receiver as not likely to
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$ ¢ realise more than $500 .................................................................. 1 25 Where the assets are likely to exceed $500 .................................... 2 50 Every application to the Court to approve a composition, a fee computed at the following rates on the gross amount of the composition, viz.: $1 on every $100 or fraction of $100 up to $5,000, and $2.50 on every $100 or fraction of $100 beyond $5,000.
Every application to the Court to approve a scheme of arrangement, a fee computed at the following rates on the gross amount of the esti- mated assets (but not exceeding the gross amount of the unsecured liabilities), viz.: $1 on every $100 or fraction of $100 up to $5,000, and $2.50 on every $100 or fraction of $100 beyond $5,000:
Provided that where a fee has been taken on a previous application to the Court to approve a composition or scheme, or where a fee has been paid under this table on the cash book submitted for audit, seven-eights of the amount thereof shall be deducted from the fee payable on an application to approve a composition or scheme.
On every application for release by trustees in non-summary cases a fee of 50 cents on every $100 or fraction of $100 of assets realised and brought to credit.
In cases not provided for in the foregoing list the fees for the time being due and payable in the office of the Supreme Court shall, so far as applicable to any proceedings in bankruptcy, be charged and payable.
TABLE B $ ¢
For every receiving order made on a debtor’s petition, where the fee on the petition has been dispensed with in pursuance of the Official Receiver’s certificate as to sufficiency of assets............ 10 00
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On the net assets realised or brought to credit by the Official Receiver, whether acting as interim receiver, receiver, or trustee, after deducting any sums paid to secured creditors in respect of their securities, and not being assets realised by a special manager, or moneys received and spent in carrying on the business of the debtor, and on the net assets realised by the Official Receiver when acting as trustee to administer a debtor’s property under a composition or scheme, after deducting any sums paid to secured creditors in respect of their securities, and not being money received and spent in carrying on the business of a debtor, a percentage according to the following scale:
On the first $1,000 or fraction thereof ............................................ 5% On the next $1,500........................................................................ 4% On the next $2,500........................................................................ 3% On the next $5,000........................................................................ 2% On all further sums......................................................................... 1% On the amount distributed to creditors by the Official Receiver when acting as trustee under a composition- On the first $500 or fraction thereof ............................................... 2% On the next $500 .......................................................................... 1½% On the next $1,000 ....................................................................... 1% On all further sums ........................................................................ ½% On the amount distributed in dividend by the Official Receiver, when acting as trustee under adjudications, schemes, or orders of administration of the property of a deceased insolvent, a percentage according to the following scale: On the first $1,000 or fraction thereof ........................................... 2½% On the next $1,500....................................................................... 2% On the next $2,500....................................................................... 1½% On the next $5,000....................................................................... 1% On all further sums ....................................................................... ½%
BankruptcyCAP. 244]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
$ ¢ For the Official Receiver acting as interim receiver of the property of a debtor in addition to the percentage chargeable on realisations, on every order.............................................................................. 10 00 And, in addition, where the order is in force for a longer period than fourteen days for every seven days, after the first fourteen, and for every fraction of seven days.......................................................... 5 00 For each notice by an Official Receiver to a creditor of a first or any other meeting, or sitting of the Court- Where the estimated value of the assets exceeds $500, each notice.. 0 25 Where the estimated value of the assets does not exceed $500- On the first twenty notices, each notice............................................ 0 25 For each notice above twenty.......................................................... 0 10 For each notice by an Official Receiver to a creditor of an adjourned meeting or an adjourned sitting of the Court ..................... 0 10
For the Official Receiver supervising a special manager or the carrying on of a debtor’s business, where the estimated assets exceed $500, a fee according to the following scale: $ ¢ If the gross assets are estimated by the Official Receiver not to exceed $2,000 ........................................... 5 00 per week If to exceed $2,000, but not to exceed $20,000.................. 10 00 per week If to exceed $20,000, but not to exceed $40,000............... 15 00 per week If to exceed $40,000, but not to exceed $80,000................ 20 00 per week If to exceed $80,000.......................................................... 25 00 per week Room for meeting or adjourned meeting of creditors $ ¢ summoned by Official receiver, for each creditor to whom notice has been given of such meeting, but not exceeding in summary administrations $10 for each meeting; and in non summary administrations not exceeding $20 for each meeting... 0 25 Travelling, keeping possession, and other reasonable expenses of Official Receiver, the amount disbursed. For official stationery, printing, books, forms, and postages, each estate-
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
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$ ¢ For every ten applications to debtors to an estate, or fraction of ten... 0 50 For every ten creditors or fraction of ten, where the estimated assets exceed $500.................................................................................. 2 50 Where the estimated assets do not exceed $500- For every ten creditors or fraction of ten up to twenty...................... 2 50 For every ten creditors or fraction of ten above twenty..................... 1 25
TABLE C $ ¢
Registrar for attending sittings in Chambers under each receiving order, per case ............................................................................................. 1 00 Registrar for attending in open Court, per case ................................... 1 50 Serving every bankruptcy notice, bankruptcy petition, or subpoena or receiving for other order (not serviceable by post) within two miles, including affidavit of service .............................................................. 1 00 If serviceable by post ....................................................................... 0 25 Executing every warrant of seizure, or search warrant or warrant of apprehension, or order of commitment within two miles of Court..... 2 50 Keeping possession under a warrant, for each day the man is act- ually in possession including affidavit of possession being actually kept .............................................................................................. 1 00 (not less than 75 cents of the above sum is to be paid to the man in possession and his receipt produced). Officer’s man travelling to place of possession, or to execute a warrant of or order of commitment, or to serve a summons of subpoena, or for any other purpose specially directed by the Court, per mile....... 0 25 His time per day, where distance exceeds ten miles ........................ 1 00 His expenses, per day ................................................................. 1 00 Bankruptcy officer of Supreme Court directed by the Court personally to travel, per mile............................................................................ 0 20 His time, per day ............................................................................ 2 50 His expenses, per day..................................................................... 2 50
BankruptcyCAP. 244]
THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,
Where the Official Receiver acting as trustee, executes any conveyance or transacts any legal or other business at the instance of third parties, the parties interested shall be required to pay for his time occupied and for that of his clerks according to such scale as the Court may from time to time prescribe, and to pay all legal or other necessary expenses incurred by him.
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