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FEDERAL CIRCUIT COURT (BANKRUPTCY) RULES 2016 (F2016L00387) - RULE 3.03

Extension of time for compliance with bankruptcy notice

             (1)  An application for an extension of time, under subsection 41(6A) of the Bankruptcy Act, for compliance with a bankruptcy notice must be accompanied by an affidavit stating:

                     (a)  the grounds in support of the application; and

                     (b)  the date when the bankruptcy notice was served on the applicant.

Note:          See also subsection 41(6C) of the Bankruptcy Act.

             (2)  The following must be attached to the affidavit:

                     (a)  a copy of the bankruptcy notice;

                     (b)  a copy of any application to set aside a judgment or order in relation to which the bankruptcy notice was issued and any material in support of that application.

             (3)  The application may be made in the absence of a party.

             (4)  The application need be heard in open court only if it is for an extension of time to a date after the first court date.

             (5)  If, on application, the Court extends the time for compliance with a bankruptcy notice, the following documents must be served on the respondent creditor within 3 days after the order is made:

                     (a)  the application;

                     (b)  the supporting affidavit;

                     (c)  the order.

   



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