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The Insolvency (England and Wales) Rules 2016

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This is the original version (as it was originally made).

Remuneration and expenses: application to court by a bankrupt on grounds that remuneration or expenses are excessive

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18.35.—(1) A bankrupt may, with the permission of the court, make an application on the grounds that—

(a)the remuneration charged by the office-holder is in all the circumstances excessive;

(b)the expenses incurred by the office-holder are in all the circumstances excessive.

(2) The bankrupt may make such an application for one or more of the orders set out in rule 18.36(4).

(3) The application must be made no later than eight weeks after receipt by the bankrupt of the report under rule 10.87.

(4) The court must not give the bankrupt permission to make an application unless the bankrupt shows that—

(a)there is (or would be but for the remuneration or expenses in question); or

(b)it is likely that there will be (or would be but for the remuneration or expenses in question),

a surplus of assets to which the bankrupt would be entitled.

(5) Paragraph (4) is without prejudice to the generality of the matters which the court may take into account in determining whether to give the bankrupt permission.

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