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The Insolvency (England and Wales) Rules 2016
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Order for public examination requested by creditors
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10.101.—(1) A notice by a creditor to the official receiver, under section 290(2), requesting the bankrupt to be publicly examined must be accompanied by—
(a)a list of the creditors concurring with the request with the name and postal address of each and the amount of their respective claims; and
(b)confirmation by each creditor of that creditor’s concurrence; and
(c)a statement of the reasons why the public examination is requested.
(2) The request must be authenticated and dated by the creditor giving the notice.
(3) A list of concurring creditors is not required if the requisitioning creditor’s debt alone is at least one half in value of the bankrupt’s creditors.
(4) Before the official receiver makes the requested application, the creditor requesting the examination must deposit with the official receiver such sum (if any) as the official receiver determines is appropriate as security for the expenses of the public examination, if ordered.
(5) The official receiver must make the application for the examination—
(a)within 28 days of receiving the creditor’s request (if no security is required under paragraph (4)); or
(b)within 28 days of the creditor depositing such security if security is requested.
(6) However, if the official receiver thinks the request is unreasonable, the official receiver may apply to the court for an order to be relieved from making the application.
(7) If the court so orders, and the application for the order was made without notice to any other party, the official receiver must deliver a copy of the order as soon as reasonably practicable to the requisitionist.
(8) If such an application is dismissed, the official receiver’s application under section 290(2) must be made as soon as reasonably practicable on conclusion of the hearing of the application first mentioned.
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