Commentary

107 Failure to attend by petitioning creditor

BANKRUPTCY AND INSOLVENCY (INDIVIDUAL INSOLVENCY) vol 3(2)
| Commentary

107 Failure to attend by petitioning creditor

| Commentary

107 Failure to attend by petitioning creditor

If the petitioning creditor fails to attend the hearing and it appears to the court that the petition has not been served, the court will vacate the hearing and direct that the petition be relisted approximately 21 days later. The petitioning creditor will be required to file written evidence of the reason why he has failed to appear and to apply to extend the hearing date if he does not wish the petition to be dismissed1. Failure to attend on a subsequent occasion may result in the petition being dismissed2.

If the petitioning creditor

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial