The Insolvency (England and Wales) Rules 2016

Review of refusal to make a bankruptcy order

This section has no associated Explanatory Memorandum

10.43.—(1) The debtor may request the adjudicator to review the decision to refuse to make a bankruptcy order within 14 days from the date of delivery of the notice of refusal.

(2) The debtor must give reasons for requesting a review but the request may not include additional information that was not available to the adjudicator when the determination was made.

(3) Where the adjudicator makes a bankruptcy order following a review, the bankruptcy order must be settled by the adjudicator in accordance with rule 10.41.

(4) Where the adjudicator confirms the refusal to make a bankruptcy order, the adjudicator must deliver notice to the debtor as soon as reasonably practicable.

(5) The notice will state—

(a)the reason or reasons for confirming the refusal to make the bankruptcy order; and

(b)that the debtor may appeal to the court against the decision within 28 days from the date of delivery of the confirmation of the notice of refusal.