ยง501-158 - Notice of bankruptcy proceedings.
ยง501-158ย Notice of bankruptcy proceedings.ย
Whenever a petition in bankruptcy which contains or has indorsed upon it a
reference to the number of the certificate of title of the land affected is
filed or recorded within the State by or against the owner of registered land,
the assistant registrar of the land court shall note the fact by the entry of
an appropriate memorandum on the owner's certificate in the registration book.ย
Thereafter, except where the owner's interest in the land cannot be affected by
the bankruptcy proceedings, no conveyance by the owner respecting the
registered land shall be accepted for registration unless the conveyance
recites that it is made subject to the rights of the trustee in bankruptcy.ย A
trustee in bankruptcy is entitled to the entry of a new certificate for the
registered land upon presenting and filing or recording a certified copy of
either the petition in bankruptcy (the schedules may be omitted), or the decree
of adjudication of bankruptcy, or the order approving the trustee's bond;
provided that the instrument contains or has indorsed upon it a reference to
the number of the certificate of title of the land affected.ย The new
certificate shall state that it is entered to the trustee in bankruptcy. [L
1903, c 56, ยง88; RL 1925, ยง3277; RL 1935, ยง5085; RL 1945, ยง12685; am L 1949, c
313, ยง1; RL 1955, ยง342-85; HRS ยง501-158; gen ch 1985; am L 1986, c 246, ยง20; am
L 1988, c 346, ยง18]
Rules of Court
ย Filing notice, see RLC rule 62(c).
ย New certificate of title, see RLC rule 59(h).