PART 10BANKRUPTCY
CHAPTER 3Debtors' bankruptcy applications
Refusal to make a bankruptcy order and contents of notice of refusal10
1
Where the adjudicator determines that the requirements of section 263K are not met, the adjudicator must refuse to make a bankruptcy order.
2
The adjudicator must deliver notice of the refusal to make a bankruptcy order to the debtor as soon as reasonably practicable after the refusal to make the bankruptcy order under paragraph (1) or under rule 10.40(3).
3
The notice of refusal must state—
a
the reason or reasons for the refusal to make a bankruptcy order;
b
that the debtor may request that the adjudicator review the decision to refuse to make a bankruptcy order within 14 days from the date of delivery of the notice of refusal;
c
that where a review is requested it will be a review of the information that was available to the adjudicator at the date when the adjudicator refused to make a bankruptcy order;
d
that following a review, the adjudicator must either—
i
confirm the refusal to make a bankruptcy order; or
ii
make a bankruptcy order against the debtor; and
e
where the adjudicator confirms the refusal following a review, that the debtor may appeal to the court against the decision within 28 days from the date of delivery of the notice of confirmation of the refusal.