الجزء الثالث

339

ملحق خاتمة تظرية الإفلاس

information. The Director of Public Prosecutions may present a petition in the public interest under the Powers of Criminal Courts Act 1973. The debtor may also present a petition on the grounds of being unable to pay his debts.

Once a petition has been presented، the debtor may not dispose of any property. The court may halt any other legal proceedings against the debtor. An interim receiver may be appointed. This will usually be the *official receiver، who will take any necessary action to protect the debtor's estate.

A special manager may be appointed if the nature of the debtor's business requires it.

The court may make a bankruptcy order at its discretion. Once this has happened، the debtor is an *undischarged bankrupt، who is deprived of the ownership of all property and must assist the official receiver in listing it، recovering it، protecting it، etc. The official receiver becomes manager and receiver of the estate until the appointment of a trustee in bankruptcy. The bankrupt must prepare a statement of affairs for the official receiver within 21 days of the bankruptcy order. A *public examination of the bankrupt may be ordered on the application of the official receiver or the creditors، in

which the bankrupt will be required to answer questions about his or her affairs in court.

Within 12 weeks the official receiver must decide whether to call a meeting of creditors to appoint a trustee in bankruptcy. The trustee's duties are to collect، realize، and distribute the bankrupt's estate. The trustee may be appointed by the creditors، the court، or the Secretary of State and must be a qualified * insolvency practitioner or the official receiver. All the property of the bankrupt is available to pay the creditors، except for the following:

equipment necessary for him to continue in employment or business;

necessary domestic equipment;

income required for the reasonable domestic needs of the bankrupt and his family.

The court has discretion whether to order sale of a house in which a spouse or children are living.

All creditors must prove their claims to the trustee. Only unsecured claims can be proved in bankruptcy. When all expenses have been paid، the trustee will