Bankruptcy: Opposing an application

icon for bankruptcy

A debtor may apply to the Court to challenge (oppose) a bankruptcy notice before the time for compliance with the notice has finished. 

The debtor can apply to challenge a bankruptcy notice if: 

  • there is a defect in the bankruptcy notice 

  • the debt on which the bankruptcy notice is based does not exist 

  • you have a claim against the creditor, equal to or greater than the amount claimed in the bankruptcy notice, or 

  • the bankruptcy notice is an abuse of process. 

A person who intends to oppose an application (including an interim application) or a petition must, at least 3 days before the date fixed for the hearing of the application or petition or, with the leave of the Court, at the hearing: