On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 01/07/2010.
Interim order
71.
—(1) An application to the court for an interim order under Part V of the Act shall be by way of originating summons entitled “In the Matter of Part V of the Bankruptcy Act (Cap. 20)” and shall be accompanied by an affidavit stating —
(a)
the reasons for the making of the application;
(b)
particulars of any execution or other legal process which, to the debtor’s knowledge, has been commenced against him;
(c)
that the debtor is able to apply for his own bankruptcy;
(d)
that no previous application for an interim order has been made by or in respect of the debtor in the period of 12 months ending with the date of the affidavit; and
(e)
the name of the person to be appointed as the nominee under the proposal and that he is a person who is qualified and willing to act as a nominee in relation to the proposal.
(2) A copy of the notice to the intended nominee under rule 70(1), duly endorsed by him under paragraph (3) of that rule, shall be exhibited to the affidavit.
(3) Where the debtor is a firm, the affidavit supporting the application for an interim order may be made by one of the partners in the firm who joined in the preparation of the proposal.
(4) Upon receiving the application and affidavit, the court shall fix a date for the hearing of the application.
72.
—(1) The applicant for an interim order shall give at least 2 clear days’ notice of the hearing —
(a)
to any creditor who has filed a bankruptcy application against him; and
(b)
to the nominee who has agreed to act in relation to the applicant’s proposal.
(2) Any of the persons who have been given notice under paragraph (1) may appear or be represented at the hearing of the application and the court, in deciding whether to make an interim order on the application, shall take into account any representations made by or on behalf of any of such person.
73.
—(1) If the court makes an interim order, the court shall fix a date for the consideration of the nominee’s report.
(2) Subject to paragraph (3), the date for the consideration of the nominee’s report shall be not later than that on which the interim order ceases to have effect under section 45(4) of the Act.
(3) If an extension of time is granted under section 49(4) of the Act for filing the nominee’s report, the court shall, unless there appear to be good reasons against it, correspondingly extend the period for which the interim order has effect.
74. Where an interim order is made, the applicant for the order shall —
(a)
serve a sealed copy of the order on the nominee; and
(b)
give notice of the making of the order to any person who was given notice of the hearing under rule 72(1) but who was not present or represented at the hearing.