THE SECOND GROUP OF PARTS

PART 6BANKRUPTCY

CHAPTER 2BANKRUPTCY PETITION (CREDITOR'S)

Petitioner seeking dismissal or leave to withdraw6.32

1

Where the petitioner applies to the court for the petition to be dismissed, or for leave to withdraw it, he must, unless the court otherwise orders, file in court an affidavit specifying the grounds of the application and the circumstances in which it is made.

2

If, since the petition was filed, any payment has been made to the petitioner by way of settlement (in whole or in part) of the debt or debts in respect of which the petition was brought, or any arrangement has been entered into for securing or compounding it or them, the affidavit must state—

a

what dispositions of property have been made for the purposes of the settlement or arrangement, and

b

whether, in the case of any disposition, it was property of the debtor himself, or of some other person, and

c

whether, if it was property of the debtor, the disposition was made with the approval of, or has been ratified by, the court (if so, specifying the relevant court order).

3

[[FORM 6.22]] No order giving leave to withdraw a petition shall be given before the petition is heard.