Section 253: Application for interim order.

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part VIII: Individual Voluntary Arrangements

Application to the court for an interim order may be made where the debtor intends to make a proposal under this Part, that is, a proposalto his creditors for a composition in satisfaction of his debts or a scheme of arrangement of his affairs (from here on referred to, in either case, as a "voluntary arrangement").

The proposal must provide for some person ("the nominee") to act in relation to the voluntary arrangement either as trustee or otherwise for the purpose of supervising its implementation and the nominee must be a person who is qualified to act as an insolvency practitioner, or authorised to act as nominee, in relation to the voluntary arrangement.

Subject as follows, the application may be made—

if the debtor is an undischarged bankrupt, by the debtor, the trustee of his estate, or the official receiver, and
in any other case, by the debtor.

An application shall not be made under subsection (3)(a) unless the debtor has given notice of the proposal to the official receiver and, if there is one, the trustee of his estate.

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