Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p16
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 36982–39635

and
 (b) state the facts relied on by the applicant to establish that the person to be summoned is an examinable person; and
 (c) if the summons is to require an examinable person to produce books at the examination:
 (i) identify the books that are to be produced; and
 (ii) give details of any inquiry by the applicant about the books to be produced and any refusal by the examinable person to cooperate with the inquiry.
 (4) If the affidavit is lodged with a Registry for filing (other than by being sent to the Registry by electronic communication), it may be filed in a sealed envelope marked "Affidavit supporting application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966".
 (5) If the affidavit is sent by electronic communication to a Registry for filing:
 (a) the affidavit may be marked "Confidential"; and
 (b) if the affidavit is so marked—the affidavit must be accompanied by a statement that the affidavit is a "confidential affidavit supporting an application for summons for examination under subsection 81(1) of the Bankruptcy Act 1966".
 (6) If the affidavit is:
 (a) filed in a sealed envelope in accordance with subrule (4); or
 (b) marked "Confidential" as permitted by paragraph (5)(a);
a Registrar must not make it available for public inspection.

6.13  Hearing of application
  An application referred to in rule 6.12 may be heard in the absence of a party or in closed court.

6.14  Requirements for summons
 (1) A summons to an examinable person under subsection 81(1) of the Bankruptcy Act for examination must be in accordance with Form B9.
 (2) A Registrar must:
 (a) sign, and affix the seal of the Court or the stamp of a District Registry to, the summons; and
 (b) give the summons to the person who applied for the summons for service on each examinable person to be examined.
 (3) If the summons requires an examinable person to produce books at the examination, the summons must identify the books that are to be produced.

6.15  Service of summons
  If the Court or a Registrar summons an examinable person under subsection 81(1) of the Bankruptcy Act for examination in relation to the bankruptcy of a relevant person, the applicant for the summons must, at least 8 days before the date fixed for the examination:
 (a) serve the summons on each examinable person personally, or in another way directed by the Court or a Registrar; and
 (b) give written notice of the date, time and place fixed for the examination to each person known to the applicant to be a creditor of the relevant person.

6.16  Application for discharge of summons
 (1) If an examinable person is served with a