Application for discharge of summons
6.11 Application for discharge of summons
If a relevant person is served with a summons under subsection 81(1) of the Bankruptcy Act for examination, the person may apply for an order to discharge the summons by filing:
an interim application, in accordance with Form B3, in the proceeding in which the summons was issued; and
an affidavit setting out the grounds in support of the application.
The interim application and supporting affidavit must be filed at least 3 days before the date fixed for the examination.
As soon as possible after filing the interim application and supporting affidavit, the relevant person must serve a copy of each document:
on the person who applied for the summons; and
if the person who applied for the summons is not the Official Receiver—on the Official Receiver.
The order to discharge the summons may be made by the Court or a Registrar.
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