Section 76, The Bankruptcy Act, 2009

(1) As regards the estate of a debtor, it shall be the duty ofthe official receiver– (a) pending the appointment of a trustee, to act as the interim receiver of the debtor’s estate, and where a special manager is not appointed, as its manager; (b) to raise money in any case where, in the interests of the creditors it appears necessary to do so; (c) to summon and preside at the first meeting of (d) to issue forms of proxy for use at the meetings of creditors; 56 57 No action for dividend. Right of bankrupt to surplus. Official Status of receiver as regards the debtor’s conduct. receiver as to debtor’s estate. Act. No. 5 of 2009. (e) to report to the creditors as to any proposal which the debtor may have made with respect to the mode of liquidating his affairs; (f) to advertise the receiving order, the date of the creditors’ first meeting and of the debtor’s public examination, and such other matters as it may be necessary to advertise; (g) to act as trustee during any vacancy in the office of trustee; (h) to assist the debtor in preparing his statement of affairs in case the debtor has no legal practitioner acting for him and is unable properly to prepare it himself, and for this purpose he may employ at the expense of the estate any person or persons to assist in its preparation. (2) For the purpose of his duties as interim receiver or manager, the official receiver shall have the same powers as if he were a receiver and manager appointed by the court, but shall, as far as practicable, consult the wishes of the creditors with respect to the management of the debtor’s property, and may for that purpose, if he thinks it advisable summon meetings of the persons claiming to be creditors but shall not, unless the court otherwise orders, incur any expense beyond such as is requisite for the protection of the debtor’s property or the disposal of perishable goods. (3) The official receiver shall account to the court and pay over all moneys and deal with all securities in such manner as the court may, from time to time direct. PART V – TRUSTEES IN BANKRUPTCY Official name