| Commentary

109 Substitution of petitioner

| Commentary

109 Substitution of petitioner

The court may order1 that another creditor be substituted for the petitioning creditor where2:

  1. 109.1

        the petitioning creditor is found not to be entitled to petition;

  2. 109.2

        the petitioning creditor consents to withdraw his petition or to allow it to be dismissed, or consents to any adjournment, or fails to appear in support of his petition at the original or any adjourned hearing; or

  3. 109.3

        the petitioning creditor appears at the hearing or adjourned hearing of the petition but does not apply for a bankruptcy order.

The creditor who is to be substituted

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