C1C2C3C4 Part VIII Individual Voluntary Arrangements

Annotations:
Modifications etc. (not altering text)
C1

Pt. VIII (ss. 252-263) applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 5

C2

Pt. VIII (ss. 252-263) restricted (6.4.1996 for the purpose only of authorising the making of regulations) by 1995 c. 26, ss. 91(3), 180(1) (with s. 121(5)); S.I. 1996/778, art. 2(5)(a). Sch. Pt. V

C3

Pt. VIII (ss. 252–263) applied with modifications by S.I. 1986/2142, arts. 1(2), 11, 13(3), 15

C4

Second Group of Parts (Pts. 8-11) modified (31.12.1996) by 1991 c. 57, Sch. 10 (as substituted by 1995 c. 25, s. 120(1), Sch. 22 para. 183 (with ss. 7(6), 115, 117); S.I. 1996/2909, art. 3)

Second Group of Parts (Pts. 8-11) modified (11.11.1999 for specified purposes and 6.4.2002 otherwise) by 1999 c. 30, s. 12(1); S.I. 2002/153, art. 2(b)

Consideration and implementation of debtor’s proposal

F1261 Additional effect on undischarged bankrupt

1

This section applies where—

a

F2pursuant to section 257 the debtor's creditors decide to approve the proposed voluntary arrangement (with or without modifications), and

b

the debtor is an undischarged bankrupt.

2

Where this section applies the court shall annul the bankruptcy order on an application made—

a

by the bankrupt, or

b

where the bankrupt has not made an application within the prescribed period, by the official receiver.

3

An application under subsection (2) may not be made—

a

during the period specified in section 262(3)(a) during which the F3creditors' decision can be challenged by application under section 262,

b

while an application under that section is pending, or

c

while an appeal in respect of an application under that section is pending or may be brought.

4

Where this section applies the court may give such directions about the conduct of the bankruptcy and the administration of the bankrupt’s estate as it thinks appropriate for facilitating the implementation of the approved voluntary arrangement.