Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 16 · Proceedings in Bankruptcy
317. Proceedings on bankruptcy application by nominee or creditor bound by voluntary arrangement
Feedback & supportThe Court must not make a bankruptcy order on a bankruptcy application made under section 307(1)(a)(ii) or (b)(ii) by the nominee supervising the implementation of, or any creditor bound by, the voluntary arrangement in question unless the Court is satisfied that —
the debtor has failed to comply with the debtor’s obligations under the voluntary arrangement;
debtor
“debtor” means the individual to whom a debt repayment scheme applies under this Part;
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 14 to any person; or
document
“document” includes any summons, order or other legal process, any notice and any register;
was otherwise made available by the debtor to the debtor’s creditors at or in connection with a meeting summoned under Part 14; or
the debtor has failed to do all such things for the purposes of the voluntary arrangement as may have been reasonably required of the debtor by the nominee.
nominee
“nominee” means the person appointed by virtue of a debtor’s proposal for a voluntary arrangement under Part 14 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 280(3)(a) or an order under section 286(5); and(b)any person upon whom the functions of the nominee have been conferred by a creditors’ meeting pursuant to section 282(3);