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Rule 6.206 Application for annulmentI1

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)

An application to the court under section 282(1) for the annulment of a bankruptcy order shall specify whether it is made—

(a)

under subsection (1)(a) of the section (claim that the order ought not to have been made), or

(b)

under subsection (1)(b) (debts and expenses of the bankruptcy all paid or secured).

(2)

The application shall, in either case, be supported by an affidavit stating the grounds on which it is made; and, where it is made under section 282(1)(b), there shall be set out in the affidavit all the facts by reference to which the court is, under the Act and the Rules, required to be satisfied before annulling the bankruptcy order.

(3)

A copy of the application and supporting affidavit shall be filed in court; and the court shall give to the applicant notice of the venue fixed for the hearing.

(4)

The applicant shall F1... give to the official receiver and (if other) the trustee notice of the venue, accompanied by copies of the application and the affidavit under paragraph (2)

F2(a)

where the application is made under section 282(1)(a), in sufficient time to enable them to be present at the hearing, and

(b)

where the application is made under section 282(1)(b), not less than 28 days before the hearing.

F3(5)

Where the application is made under section 282(1)(a), paragraph (4) shall additionally be complied with in relation to the person on whose petition the bankruptcy order was made.

F4(6)

In this Chapter, where the applicant is not the bankrupt all notices, documents and affidavits required to be given, sent or delivered to another party by the applicant shall also be given, sent or delivered to the bankrupt.

Annotations

Textual amendments

F1

Words in rule 6.206(4) omitted (11.1.1988 with application in accordance with rule 3(1)(2)) by virtue of The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 121(1)

F2

Rule 6.206(4)(a)(b) added (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 121(1)

F3

Rule 6.206(5) added (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 121(2)

F4

Rule 6.206(6) inserted (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 42

Commencement

I1

Rule 6.206 in force at 29.12.1986, see rule 0.1