# The Insolvency Rules 1986, Rule 5.7: Application for interim order


(1) An application to the court for an interim order under Part VIII of the Act shall be accompanied by an affidavit of the following matters—
(a) the reasons for making the application;
(b) particulars of any execution or other legal process or levying of any distress which, to the debtor’s knowledge, has been commenced against him;
(c) that he is an undischarged bankrupt or (as the case may be) that he is able to petition for his own bankruptcy;
(d) that no previous application for an interim order has been made by or in respect of the debtor in the period of 12 months ending with the date of the affidavit; ...
(e) that the nominee under the proposal (naming him) is willing to act in relation to the proposal and is a person who is either qualified to act as an insolvency practitioner in relation to the debtor or is authorised to act as nominee in relation to him; and
(f) that the debtor has not submitted to the official receiver either the document referred to at section 263B(1)(a) or the statement referred to at section 263B(1)(b).
(2) A copy of the notice to the intended nominee under Rule 5.4, endorsed to the effect that he agrees so to act, and a copy of the debtor’s proposal given to the nominee under that Rule, shall be exhibited to the affidavit.
(3) On receiving the application and affidavit, the court shall fix a venue for the hearing of the application.
(4) The applicant shall give at least 2 days' notice of the hearing—
(a) where the debtor is an undischarged bankrupt, to the bankrupt, the official receiver and the trustee (whichever of those three is not himself the applicant),
(b) where the debtor is not an undischarged bankrupt, to any creditor who (to the debtor’s knowledge) has presented a bankruptcy petition against him, and
(c) in either case, to the nominee who has agreed to act in relation to the debtor’s proposal.

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Source: https://www.legislation.gov.uk/uksi/1986/1925/rule/5.7 (the official version)
Page: https://openlegislation.uk/insolvency-rules-1986/rule-5.7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

