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Rule 5.8 Court in which application to be madeF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

Except in the case of an undischarged bankrupt, an application to the court under Part VIII of the Act shall be made to a court in which the debtor would be entitled to present his own petition in bankruptcy under Rule 6.40.

(2)

The application shall contain sufficient information to establish that it is brought in the appropriate court.

(3)

In the case of an undischarged bankrupt, such an application shall be made to the court having the conduct of his bankruptcy and shall be filed with the bankruptcy proceedings.

Annotations

Textual amendments

F1

Pt. 5 substituted (1.1.2003) by The Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), rule 1(1), Sch. para. 24 (with rule 3(2))