CHAPTER 82 - BANKRUPTCY ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Bankruptcy (Costs) Rules

BANKRUPTCY (COSTS) RULES

[Section 121]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Rules

   Rules

   1.   Title and application

   2.   Bankruptcy scale of costs

      SCHEDULE

SI 178 of 1990,

Act 13 of 1994.

1.   Title and application

   (1) These Rules may be cited as the Bankruptcy (Costs) Rules.

   (2) These Rules shall apply in respect of any business done in any matter pending on the date of these Rules or duties performed after the publication of these Rules.

2.   Bankruptcy scale of costs

Where in respect of any business done or duties performed under the Act, costs are to be allowed or taxed, such costs shall be in accordance with the scale of costs set out in the Schedule to these Rules.

SCHEDULE

[Rule 2]

PART I
SCALE OF COSTS OF PETITIONING DEBTOR

Fee units

1. Instructions for petition, search for prior petition drawing and copy petition and attesting same; attending, presentation hearing thereof when receiving order made; drawing and copy receiving order; attending Official Receiver giving him all necessary information; attending upon debtor’s preliminary examination and upon public examination; drawing bill of costs and copy; attending lodging bill, obtaining appointment to tax and necessary notices thereof; attending taxation, vouching, completing and obtaining Taxing Officer’s allocatur; letters, messengers and telephone calls—

   (a)   Where the assets are certified as not likely to exceed K5,000

188

   (b)   Where the assets are certified as likely to exceed K5,000

1,875

NOTE:-The allowances for Item 1 (a) or 1 (b) to be made in accordance with the certificate or the Official Receiver as to the value which the assets are likely to realise, and the certificate must be produced to the Taxing Officer where a composition is accepted and confirmed by the court the value of the assets shall be considered to be the amount required for the purpose of the composition.

2. Drawing and copy of adjudication upon application by a debtor

38

3. Where the advocate practises at a distance from the court and employs an agent upon presentation and hearing of the petition, an additional allowance may be made for

53

General Note to Part I

No charges other than those included in Part I of this scale may be allowed unless the Taxing Officer considered that by reason of special circumstances additional items should be allowed.

PART II
DEBTOR’S COSTS WHERE BANKRUPTCY NOTICE SET ASIDE AND ON DISMISSAL OF PETITION

Fee units

4.   Instructions for application to set aside bankruptcy notice and for affidavit or counter-claim, including perusal and consideration of the bankruptcy notice; drawing affidavit, copy and attending to file; drawing application for appointment to hear (when requisite) and attending obtaining 1,250 directions thereon

270

5.    (a)   Attending court on hearing of application when order made setting aside bankruptcy notice; drawing any attending to pass

83

   (b)   Attending court when hearing of application adjourned; drawing and copy order and attending to pass

75

6.   Instructions to show cause on hearing of petition including perusing and considering petition and attending upon the debtor obtaining information; drawing and copy notices to show cause and attending to file; two fair copies notice and service thereof.

135 to 270

7.    (a)   Attending court on hearing of petition dismissed

38 to 135

   (b)   Attending court on hearing of petition adjourned

38 to 135

8. Drawing and copy order and attending to pass

30

9. Letters, messengers and telephone calls not otherwise provided for-not to exceed

68

10. In any special case, costs may, at the discretion of the Taxing Officer be allowed—

   (a)   in relation to items not mentioned in this scale;

   (b)   of an amount higher than that prescribed by this scale.

General Note to Part II

The debtor shall be allowed his travelling expenses and of paragraph 16 of Part V of this scale.

PART III
SCALE OF COSTS OF PETITIONING CREDITORS

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.