PART 10BANKRUPTCY

CHAPTER 4The interim receiver

Application for appointment of interim receiver (section 286)10

1

An application to the court under section 286 M1 for the appointment of the official receiver or an insolvency practitioner as interim receiver may be made by—

a

a creditor;

b

the debtor; F2or

c

a temporary administrator; F3...

F3d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The application must be supported by a witness statement stating—

a

the grounds on which it is proposed that the interim receiver should be appointed;

b

whether or not the official receiver has been informed of the application and, if so, whether a copy of it has been delivered to that person;

c

if the proposed interim receiver is an insolvency practitioner, that the insolvency practitioner has consented to act;

d

whether to the applicant's knowledge there has been proposed or is in force an IVA M2; and

e

the applicant's estimate of the value of the property or business in relation to which the interim receiver is to be appointed;

F1f

a statement whether the proceedings will be F4COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with the reasons for so stating.

3

The applicant must deliver copies of the application and the witness statement to the proposed interim receiver and to the official receiver.

4

If for any reason it is not practicable to deliver a copy of the application to the proposed interim receiver that person must be informed of the application in sufficient time to be able to be present at the hearing.

5

The official receiver may attend the hearing of the application and make representations.

6

If satisfied that sufficient grounds are shown for the appointment, the court may appoint an interim receiver on such terms as it thinks just.