Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p12
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 27105–29715

must serve a sealed copy of the referral, and notice of the time, date and place fixed for the hearing, on:
 (a) each debtor who presented the debtor's petition; and
 (b) for each creditor's petition of the kind referred to in subsection 55(3B), 56C(1) or 57(3B) of the Bankruptcy Act:
 (i) each debtor against whom the creditor's petition was made; and
 (ii) each creditor who presented the creditor's petition; and
 (c) if subsection 56C(4) of the Bankruptcy Act applies to the debtor's petition—the person administering the relevant proclaimed law.
 (4) The notice required by subrule (3) must be in accordance with the notice set out in Form B8.

Part 6—Examinations

Division 6.1—Examination of debtor or examinable person under section 50 of the Bankruptcy Act

6.01  Application for summons
 (1) An application under section 50 of the Bankruptcy Act for a debtor, or an examinable person in relation to a debtor, to be summoned for examination must be in accordance with Form B2.
Note: More than one application may be included in the same Form B2.
 (2) The application must be accompanied by an affidavit complying with this rule.
 (3) The affidavit must:
 (a) identify:
 (i) the person sought to be examined; and
 (ii) if that person is an examinable person in relation to a debtor—the debtor; and
 (b) if the person sought to be examined is an examinable person—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 the person sought to be examined 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 person to cooperate with the inquiry.

6.02  Hearing of application
  An application referred to in rule 6.01 may be heard in the absence of a party or in closed court.

6.03  Requirements for summons
 (1) A summons to a person under subsection 50(2) of the Bankruptcy Act for examination must be in accordance with Form B9.
 (2) A Registrar must:
 (a) sign, and affix the seal or stamp of the Court to, the summons; and
 (b) give the summons to the person who applied for the summons for service on the person to be examined.
 (3) If the summons requires the person to be examined to produce books at the examination, the summons must identify the books that are to be produced.

6.04  Service of summons
  If the Court summons a person under subsection 50(2) of the Bankruptcy Act for examination, the application for the summons must, at least 8 days before