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Rule 6.189 Application for orderI1

England and Wales

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)

Where the trustee applies for an income payments order under section 310, the court shall fix a venue for the hearing of the application.

(2)

[FORM 6.64] Notice of the application, and of the venue, shall be sent by the trustee to the bankrupt at least 28 days before the day fixed for the hearing, together with a copy of the trustee's application and a short statement of the grounds on which it is made.

(3)

The notice shall inform the bankrupt that—

(a)

unless at least 7 days before the date fixed for the hearing he sends to the court and to the trustee written consent to an order being made in the terms of the application, he is required to attend the hearing, and

(b)

if he attends, he will be given an opportunity to show cause why the order should not be made, or an order should be made otherwise than as applied for by the trustee.

Annotations

Commencement

I1

Rule 6.189 in force at 29.12.1986, see rule 0.1