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Debtor out of time to challenge bankruptcy summons
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The High Court refused a Debtor's application to dismiss a Bankruptcy Summons, despite acknowledging a substantial and arguable counterclaim against the Creditor related to a residential property. The Debtor's application was rejected due to a significant delay in filing, exceeding the 14-day statutory deadline by over ten months. The court recognized that the Debtor's claim, if presented promptly, could have warranted the dismissal of the Summons. However, the Debtor's right to challenge the associated bankruptcy petition on the same grounds remains unaffected.
Bankruptcy Summons, Bankruptcy Act 1988, Residential Tenancy Board (RTB), High Court, Debtor, Creditor, property dispute, delay in filing, extension of time, act of bankruptcy, counterclaim, abuse of process, eviction, plenary proceedings, statutory deadline, dismissal of petition.
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