PART 8INDIVIDUAL VOLUNTARY ARRANGEMENTS (IVA)
CHAPTER 3Cases in which an application for an interim order is made
Application for interim order8.8
1
An application to the court for an interim order under Part 8 of the Act must be accompanied by a witness statement containing—
a
the reasons for making the application;
b
information about any action, execution, other legal process or the levying of any distress which, to the debtor’s knowledge, has been commenced against the debtor or the debtor’s property;
c
a statement that the debtor is an undischarged bankrupt or is able to make a bankruptcy application;
d
a statement that no previous application for an interim order has been made by or in relation to the debtor in the period of 12 months ending with the date of the witness statement; and
e
a statement that a person named in the witness statement is willing to act as nominee in relation to the proposal and is qualified to act as an insolvency practitioner (or is an authorised person) in relation to the debtor.
2
The witness statement must be accompanied by a copy of—
a
the proposal; and
b
the notice of the nominee’s consent to act.
3
When the application and the witness statement have been filed, the court must fix a venue for the hearing of the application.
4
The applicant must deliver a notice of the hearing and the venue at least two business days before the hearing to—
a
the nominee;
b
the debtor, the official receiver or the trustee (whichever is not the applicant) where the debtor is an undischarged bankrupt; and
c
any creditor who (to the debtor’s knowledge) has presented a bankruptcy petition against the debtor where the debtor is not an undischarged bankrupt.
5
A notice under section 253(4) must contain the name and address of the nominee.