The Insolvency (Amendment) Rules 2003

Amendment to Rule 6.215

47.  For Rule 6.215 there is substituted—

“Application for suspension of discharge

6.215.— (1) The following applies where the official receiver or any trustee who is not the official receiver applies to the court for an order under section 279(3) (suspension of automatic discharge), but not where the official receiver makes that application, pursuant to Rule 6.176(4), on the adjournment of the bankrupt’s public examination.

(2) The official receiver or any trustee who is not the official receiver shall, with his application, file evidence in support setting out the reasons why it appears to him that such an order should be made.

(3) The court shall fix a venue for the hearing of the application, and give notice of it to the official receiver, the trustee who is not the official receiver, and the bankrupt.

(4) Copies of the official receiver’s report under this Rule shall be sent by him to the bankrupt and any trustee who is not the official receiver, so as to reach them at least 21 days before the date fixed for the hearing.

(5) Copies of the trustee’s evidence in support under this Rule shall be sent by him to the official receiver and the bankrupt, so as to reach them at least 21 days before the date fixed for the hearing.

(6) The bankrupt may, not later than 7 days before the date of the hearing, file in court a notice specifying any statements in the official receiver’s or trustee’s evidence in support which he intends to deny or dispute.

(7) If the bankrupt files a notice under paragraph (6), he shall send copies of it, not less than 4 days before the date of the hearing, to the official receiver and any trustee who is not the official receiver.

(8) If the court makes an order [[FORM 6.72]] suspending the bankrupt’s discharge, copies of the order shall be sent by the court to the official receiver, any trustee who is not the official receiver and the bankrupt.”.