PART 9DEBT RELIEF ORDERS
CHAPTER 6Applications to the court
Creditor’s bankruptcy petition: creditor consents to making application for a debt relief order9.23
1
This rule applies where before the determination of an application for a debt relief order, a creditor’s petition for bankruptcy has been presented against a debtor and the proceedings in relation to the petition remain before the court.
2
In this rule “the debt” means the debt to which the creditor’s bankruptcy petition relates.
3
If, on the hearing of the petition, the petitioner consents to the debtor making an application for a debt relief order in relation to the debt the court must—
a
refer the debtor to an approved intermediary for the purpose of making an application for a debt relief order in relation to the debtor and the debt noting the consent of the creditor on the order for referral; and
b
stay the proceedings on the petition in relation to the debt on such terms and conditions as it thinks just.
4
The debtor must deliver to the approved intermediary as soon as reasonably practicable after the making of the order of referral—
a
a sealed copy of the order; and
b
copies of the petition and the creditor’s statutory demand (if there was one).
5
The approved intermediary must, on receipt of the order and the copies, as soon as reasonably practicable after the application for a debt relief order has been made, deliver them to the official receiver endorsed with the name of the debtor and the number of the application to which they relate.
6
If, following the reference by the court, a debt relief order is made in relation to the debt, the petition must be dismissed in relation to it unless the court otherwise directs.