| Commentary

61 Procedure on application

| Commentary

61 Procedure on application

An application to challenge the approval of an IVA should be made on a standard form application1. It may be combined with an application to challenge a decision of the convener or chair regarding creditors’ voting rights. A creditor who contends that information contained in the proposal or statement of affairs was false or misleading or contained material omissions2 may also present a petition under Section 264(1)(c) of the Insolvency Act 19863.

The applicant needs to give careful consideration to the parties who should be joined as respondents to an application made under Section 262. The debtor

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