When a debtor has agreed with his advisors that an IVA is a suitable route to go anapplication is made to the court for an interim order. The debtor may make the application (usually through a solicitor) or, if he is an undischarged bankrupt, the application may be made either by the debtor, the trustee of his estate or the Official Receiver. The purpose of the interim order is to protect the debtor's property while the proposal is being considered. At any time while the application is pending the court may stay any action, execution or legal process against the debtoror his property.

The court will not make an interim order unless it is satisfied that;

• the debtor intends to submit a proposal to his creditors and
  
• that on the day of making the application, he was an undischarged bankrupt or was able to petition for his own bankruptcy.
  
• that the debtor has not made a similar application within the previous 12 months.

The debtor is protected from bankruptcy petitions as soon as an interim order has been granted and unless the court gives leave, no other legal action may be commenced or continued against the debtor Once an interim order has been granted it expires after 14 days, unless the nominee or the debtor applies for an extension.

Although is not necessary at this stage for the proposal to be set out in detail in many cases it is prepared before the application for the interim order is made.

The nominee must be identified in the application and signify his willingness to act.