Full legislation
s.40
Disallowance of costs of unnecessary petition
In any case in which, after a bankruptcy petition has been presented by a creditor
against a debtor and before the hearing of such petition, the debtor files a petition
and a bankruptcy order is made on the petition of the debtor, unless in the opinion of
the court the estate has benefited thereby or there are special circumstances which make
it just that such costs should be allowed, no costs shall be allowed to the debtor or
his solicitor out of the estate.