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Commentary

110 Permission to withdraw

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

110 Permission to withdraw

| Commentary

110 Permission to withdraw

A petitioning creditor may withdraw his petition, but requires the permission of the court to do so1. Where such an application is made, the petitioner must, in any case where:

  1. 110.1

        a creditor of the debtor has given notice of intention to appear at the hearing of the petition, or

  2. 110.2

        the court so orders,

file with the court a witness statement specifying the grounds of the application and the circumstances in which it is made2.

No order giving permission to withdraw a petition may be given before the petition is heard

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