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Rule 6.248 Application to set aside an interim bankruptcy restrictions orderF1

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)

A bankrupt may apply to the court to set aside an interim bankruptcy restrictions order.

(2)

An application by the bankrupt to set aside an interim bankruptcy restrictions order shall be supported by an affidavit stating the grounds on which the application is made.

(3)

Where a bankrupt applies to set aside an interim bankruptcy restrictions order under paragraph (1), he shall send to the Secretary of State, not less than 7 days before the hearing—

(a)

notice of his application;

(b)

notice of the venue;

(c)

a copy of his application; and

(d)

a copy of the supporting affidavit.

(4)

The Secretary of State may attend the hearing and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.

(5)

Where the court sets aside an interim bankruptcy restrictions order two sealed copies of the order shall be sent, as soon as reasonably practicable, to the Secretary of State by the court.

(6)

As soon as reasonably practicable after receipt of the sealed copies of the order, the Secretary of State shall send a sealed copy of the order to the bankrupt.

Annotations

Textual amendments

F1

Pt. 6 Chs. 28-30 inserted (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 52