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:
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there is a defect in the bankruptcy notice
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the debt on which the bankruptcy notice is based does not exist
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you have a claim against the creditor, equal to or greater than the amount claimed in the bankruptcy notice, or
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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:
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file a Form B5: Notice stating grounds of opposition to application, interim application or petition
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file an Affidavit in support of the grounds of opposition and
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serve the notices and supporting affidavit on the applicant.
