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The Insolvency (Amendment) Rules 2011

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Substitution of Rule 6.40A

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7.  For Rule 6.40A (court in which petition to be filed) substitute—

“Court in which petition to be presented

6.40A.—(1) Where the proceedings are allocated to the London insolvency district under Rule 7.10ZA(a)(i) to (iv), the debtor must present the petition to—

(a)the High Court where the unsecured liabilities set out in the statement of affairs attached to the petition total £100,000 or more;

(b)the Central London County Court where the unsecured liabilities set out in the statement of affairs attached to the petition total less than £100,000;

(2) Where the proceedings are allocated to the London insolvency district under Rule 7.10ZA(a)(v) or (c)(ii), the debtor must present the petition to the High Court.

(3) Where the debtor is resident in England and Wales and the proceedings are not allocated to the London insolvency district, the debtor must present the petition to the debtor’s own county court unless paragraph (6) applies.

(4) If the debtor is not resident in England and Wales but was resident or carried on business in England and Wales within the 6 months immediately preceding the presentation of the petition and the proceedings are not allocated to the London insolvency district, the debtor may present the petition either to the debtor’s own county court or to the High Court.

(5) For the purposes of this Rule, what constitutes the debtor’s own county court is to be determined in accordance with Rule 6.9A(4).

(6) Where, for whatever reason, it is not possible for the petition to be presented to the debtor’s own county court, the debtor may, with a view to expediting the presentation of the petition, present the petition—

(a)where Rule 6.9A(4)(a) applies, to—

(i)the court for the insolvency district in which the debtor resides, or

(ii)whichever court is specified by Schedule 2 to these Rules as being the nearest full time court in relation to—

(aa)the court in Rule 6.9A(4)(a), or

(bb)the court in sub-paragraph (i); or

(b)where Rule 6.9A(4)(b) applies, whichever court is specified by Schedule 2 to these Rules as being the nearest full time court in relation to the court in that paragraph.

(7) Notwithstanding any other provision of this Rule except paragraph (2), where there is in force for the debtor a voluntary arrangement under Part 8 of the Act, the petition must be presented to the court to which—

(a)the nominee’s report under section 256 was submitted; or

(b)where a nominee has made a report under section 256A(3), an application has been made.

(8) The petition must contain sufficient information to establish that it is presented to the appropriate court.”.

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