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Rules of the Superior Courts

Appendix: S

Deeds of arrangement


Forms:
No.1 ¦ No.2 ¦ No.3 ¦ No.4 ¦ No.5

No. 1.

O. 82, r. 1

AFFIDAVIT OF EXECUTION.

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THE HIGH COURT


In the matter of a deed of arrangement dated ....... and made between ....... and

I, ....... of ....... make oath and say as follows:—

1. The above-written [or within-written] document is a true copy of the deed of assignment of property [or as the case may be], and of every schedule or inventory thereto annexed or therein referred to, and of every attestation of the execution thereof.

2. [Where the deed is executed by the debtor] The deed was executed on the ....... day of 19 , by the debtor, at ....... of the clock in the ....... noon. I was present when the debtor executed the said deed. and saw him execute the same.

3. [Where the deed is executed by a creditor:] The deed was executed by ....... the first [or only] creditor who executed the deed and who resides at ....... , and is ....... , on the ....... day of ....... at ....... of the clock in the ....... noon. I was present when the said ....... executed the said deed, and saw him execute the same.

4. The debtor, ....... , resides at ....... and is

5. The place [or places] where business of the said debtor is carried on is [or are] as follows:—

....... Sworn, &c.


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No. 2.


O. 82, r. 1

DEBTOR'S AFFIDAVIT FOR REGISTRATION.

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[Title as in Form No. 1].


I,.......

make oath and say as follows—

1. On the ....... day of ....... , I executed a deed of assignment of property [or as the case may be

2. The total estimated amount of my property included under the deed is £ ....... and the net amount of my property included under the deed, after deducting £ ....... , being the value* of securities held by creditors and required to cover debts due to them, is £ .

3. The total estimated amount of my liabilities included under the deed is £ ....... , and the net amount of my liabilities included under the deed, after deducting £ ....... , being the amount† covered by securities held by creditors is £ .

4. [If composition payable:] The total amount of the composition payable thereunder is:

5. The names and addresses of my creditors and the amounts due to or claimed by each of them are as follows:

Name of creditorAddressAmount of debt due or claimed, after deduction of value of security held
.........

Sworn, &c.

*The estimated surplus (if any) from securities held by creditors should not be deducted from the gross amount of property.

†This amount should correspond with the amount of securities deducted above. No deduction should be made in respect of the unsecured balances of partially secured debts.


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No. 3.


O. 82, r. 2

FORM OF REGISTER OF DEEDS OF ARRANGEMENT

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No.
Name address and description of debtor
Place(s) where business is carried on
Title of firms under which debtor carries on business
Name and address of trustee (if any)
Nature and effect of deed and amount of composition in the £
Amount of property as estimated by debtor
Amount of liabilities as estimated by debtor
Date of deed
Date of registration
Gross amount of property
Value of securities given (excluding any estimated surplus)
Net value of property
Gross amount of liabilities
Amount of debts covered by securities
Net amount of liabilities
.....................£££££
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No. 4.

DEBTOR'S AFFIDAVIT PURSUANT TO ORDER 82, RULE 6.

_______

THE HIGH COURT


In the matter of a petition by ....... pursuant to the Irish Bankruptcy and Insolvent Act, 1857, section 343.

....... I, ....... of

make oath and say as follows:—

1. The place [or places] where my business is carried is [or are]

2. The title [or titles] of the firm [or firms] under which I carry on business on is [or are]

3. The total estimated amount of my property is £ ....... and the net amount of my property, after deducting £ ....... being the value of securities held by creditors and required to cover debts due to them, is £

4. The total estimated amount of my liabilities is £ ....... and the net amount of my liabilities, after deducting £ being the amount covered by securities held by creditors, is £

5. The names and addresses of my creditors and the amounts due to or claimed by them are as follows:—

Names of creditorsAddressesAmount of debt due or claimed after deduction of value of security held
......£

Sworn, &c.


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No. 5.


O. 82, r. 7

FORM OF REGISTER UNDER DEEDS OF ARRANGEMENT AMENDMENT ACT, 1890.

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No.
Name address and description of debtor
Place(s) where business is carried on
Title of firm(s) under which debtor carried on business
Amount of property as estimated by debtor
Amount of liabilities as estimated by debtor
Date of filing petition and of affidavit of assets and liabilities
Date of registration
Nature and effect of order
Gross amount of property
Value of securities given (excluding any estimated surplus)
Net value of property
Gross amount of liabilities
Amount of debts covered by securities
Net of liabilities
...
...
...
...
...
...
...
...
...
...
...
...
...

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