66. Proceedings on bankruptcy application by nominee or creditor bound by voluntary arrangement
Feedback & supportLast amended by an amending law of 2005.
The court shall not make a bankruptcy order on a bankruptcy application made under section 57(1)(a)(ii) or (b)(ii) by the nominee or any creditor bound by a voluntary arrangement unless it is satisfied —
that the debtor has failed to comply with his obligations under the voluntary arrangement;
debtor
“debtor” means the individual to whom a debt repayment scheme applies under this Part;
that information which was false or misleading in any material particular or which contained material omissions —
was contained in any statement of affairs or other document supplied by the debtor under Part V to any person; or
was otherwise made available by the debtor to his creditors at or in connection with a meeting summoned under Part V; or
that the debtor has failed to do all such things as may for the purposes of the voluntary arrangement have been reasonably required of him by the nominee of the arrangement.
nominee
“nominee” means the person appointed by virtue of a debtor’s proposal for a voluntary arrangement under Part V to act as trustee or otherwise to supervise the implementation of the voluntary arrangement and includes —(a)any replacement of such person pursuant to a direction under section 49(3)(a) or an order under section 55(5); and(b)any person upon whom the functions of the nominee have been conferred by a creditors’ meeting pursuant to section 51(3);