Section 8, The Bankruptcy Act, 2009

(1) A creditor’s petition shall – (a) be verified by affidavit of the creditor or of some person having knowledge of the facts on his behalf; and (b) be served in the same manner as a writ of summons unless some other manner of service is prescribed. (2) At the hearing of a creditor’s petition, the court shall require proof of - (a) the debt of the petitioning creditor; (b) the service of the petition; and (c) the act of bankruptcy, or if more than one act of bankruptcy is alleged in the petition, any one of the alleged acts of bankruptcy, and if satisfied with the proof, may make a receiving order in pursuance of the petition. (3) If the court is not satisfied with the proof of the petitioning creditor’s debt or of the act of bankruptcy or of the service of the petition, or is satisfied by the debtor that he is able to pay his debts, or considers that for other sufficient cause no order ought to be made, the court may dismiss the petition. (4) When the act of bankruptcy relied on is noncompliance with a bankruptcy notice to pay, secure or compound for a judgement debt or sum ordered to be paid, the court may, if it thinks fit, stay or dismiss the petition on the ground that an appeal is pending from the judgement or order. (5) Where the debtor appears on the petition and denies that he is indebted to the petitioner, or that he is indebted to such an amount as would justify the petitioner in presenting a petition against him, the court, on such security if any being given as the court may require for payment to the petitioner of any debt which may be established against him in due course of law, and of the costs of establishing the debt, may, instead of dismissing the petition stay all proceedings on the petition until such time as may be required for trial of the question relating to the debt. (6) Where proceedings are stayed, the court may, if by reason of the delay caused by the stay of proceedings or for any other cause it thinks just, make a receiving order on the petition of some other creditor, and shall then dismiss, on such terms as it thinks just, the petition in which proceedings have been stayed. 8 9 Power of receiver and duties of debtor on petition being filed. Creditor’s petition and order on it. (7) A creditor’s petition shall not, after presentment be withdrawn without the leave of the court.