The Insolvency (England and Wales) Rules 2016
INTRODUCTORY RULES
1Citation and commencement
2Revocations
3Extent and application
4Transitional and savings provisions
5Power of the Secretary of State to regulate certain matters
6Punishment of offences
7Review
PART 1SCOPE, INTERPRETATION, TIME AND RULES ABOUT DOCUMENTS
CHAPTER 1Scope of these Rules
1.1Scope
CHAPTER 2Interpretation
1.2Defined terms
1.3Calculation of time periods
CHAPTER 3Form and content of documents
1.4Requirement for writing and form of documents
1.5Authentication
1.6Information required to identify persons and proceedings etc.
1.7Reasons for stating that proceedings are or will be main, secondary etc. under the EC Regulation
1.8Prescribed format of documents
1.9Variations from prescribed contents
CHAPTER 4Standard contents of Gazette notices and the Gazette as evidence etc.
1.10Contents of notices to be gazetted under the Act or Rules
1.11Standard contents of all notices
1.12Gazette notices relating to a company
1.13Gazette notices relating to a bankruptcy
1.14The Gazette: evidence, variations and errors
CHAPTER 5Standard contents of notices advertised otherwise than in the Gazette
1.15Standard contents of notices advertised otherwise than in the Gazette
1.16Non-Gazette notices relating to a company
1.17Non-Gazette notices relating to a bankruptcy
1.18Non-Gazette notices: other provisions
CHAPTER 6Standard contents of documents to be delivered to the registrar of companies
1.19Standard contents of documents delivered to the registrar of companies
1.20Registrar of companies: covering notices
1.21Standard contents of all documents
1.22Standard contents of documents relating to the office of office-holders
1.23Standard contents of documents relating to other documents
1.24Standard contents of documents relating to court orders
1.25Standard contents of returns or reports of decisions
1.26Standard contents of returns or reports of matters considered by company members by correspondence
1.27Standard contents of documents relating to other events
CHAPTER 7Standard contents of notices for delivery to other persons etc.
1.28Standard contents of notices to be delivered to persons other than the registrar of companies
1.29Standard contents of all notices
1.30Standard contents of notices relating to the office of office-holders
1.31Standard contents of notices relating to documents
1.32Standard contents of notices relating to court proceedings or orders
1.33Standard contents of notices of the results of decisions
1.34Standard contents of returns or reports of matters considered by company members by correspondence
CHAPTER 8Applications to the court
1.35Standard contents and authentication of applications to the court under Parts 1 to 11 of the Act
CHAPTER 9Delivery of documents and opting out (sections 246C, 248A, 379C and 383A)
Application of Chapter
1.36Application of Chapter
1.37Delivery to the creditors and opting out
1.38Creditor’s election to opt out
1.39Office-holder to provide information to creditors on opting-out
1.40Delivery of documents to authorised recipients
1.41Delivery of documents to joint office-holders
1.42Postal delivery of documents
1.43Delivery by document exchange
1.44Personal delivery of documents
1.45Electronic delivery of documents
1.46Electronic delivery of documents to the court
1.47Electronic delivery of notices to enforcement officers
1.48Electronic delivery by office-holders
Use of website by office-holder to deliver a particular document (sections 246B and 379B)
1.49Use of website by office-holder to deliver a particular document (sections 246B and 379B)
1.50General use of website to deliver documents
1.51Retention period for documents made available on websites
1.52Proof of delivery of documents
1.53Delivery of proofs and details of claims
CHAPTER 10Inspection of documents, copies and provision of information
1.54Right to copies of documents
1.55Charges for copies of documents provided by the office-holder
1.56Offence in relation to inspection of documents
1.57Right to list of creditors
1.58Confidentiality of documents: grounds for refusing inspection
PART 2COMPANY VOLUNTARY ARRANGEMENTS (CVA)
CHAPTER 1Preliminary
2.1Interpretation
CHAPTER 2The proposal for a CVA (section 1)
2.2Proposal for a CVA: general principles and amendment
2.3Proposal: contents
CHAPTER 3Procedure for a CVA without a moratorium
2.4Procedure for proposal where the nominee is not the liquidator or the administrator (section 2)
2.5Information for the official receiver
2.6Statement of affairs (section 2(3))
2.7Application to omit information from statement of affairs delivered to creditors
2.8Additional disclosure for assistance of nominee where the nominee is not the liquidator or administrator
2.9Nominee’s report on proposal where the nominee is not the liquidator or administrator (section 2(2))
2.10Replacement of nominee (section 2(4))
CHAPTER 4Procedure for a CVA with a moratorium
2.11Statement of affairs (paragraph 6(1)(b) of Schedule A1)
2.12Application to omit information from a statement of affairs
2.13The nominee’s statement (paragraph 6(2) of Schedule A1)
2.14Documents filed with court to obtain a moratorium (paragraph 7(1) of Schedule A1)
2.15Notice and advertisement of beginning of a moratorium
2.16Notice of continuation of a moratorium where physical meeting of creditors is summoned (paragraph 8(3B) of Schedule A1)
2.17Notice of decision extending or further extending a moratorium (paragraph 36 of Schedule A1)
2.18Notice of court order extending or further extending or continuing or renewing a moratorium (paragraph 34(2) of Schedule A1)
2.19Advertisement of end of a moratorium (paragraph 11(1) of Schedule A1)
2.20Disposal of charged property etc. during a moratorium
2.21Withdrawal of nominee’s consent to act (paragraph 25(5) of Schedule A1)
2.22Application to the court to replace the nominee (paragraph 28 of Schedule A1)
2.23Notice of appointment of replacement nominee
2.24Applications to court to challenge nominee’s actions etc. (paragraphs 26 and 27 of Schedule A1)
CHAPTER 5Consideration of the proposal by the company members and creditors
2.25Consideration of proposal: common requirements (section 3)
2.26Members’ consideration at a meeting
2.27Creditors’ consideration by a decision procedure
2.28Timing of decisions on proposal
2.29Creditors’ approval of modified proposal
2.30Notice of members’ meeting and attendance of officers
2.31Requisition of physical meeting by creditors
2.32Non-receipt of notice by members
2.33Proposal for alternative supervisor
2.34Chair at meetings
2.35Members’ voting rights
2.36Requisite majorities of members
2.37Notice of order made under section 4A(6) or paragraph 36(5) of Schedule A1
2.38Report of consideration of proposal under section 4(6) and (6A) or paragraph 30(3) and (4) of Schedule A1
CHAPTER 6Additional matters concerning and following approval of CVA
2.39Hand-over of property etc. to supervisor
2.40Revocation or suspension of CVA
2.41Supervisor’s accounts and reports
2.42Production of accounts and records to the Secretary of State
2.43Fees and expenses
2.44Termination or full implementation of CVA
CHAPTER 7Time recording information
2.45Provision of information
PART 3ADMINISTRATION
CHAPTER 1Interpretation for this Part
3.1Interpretation for Part 3
3.2Proposed administrator’s statement and consent to act
CHAPTER 2Appointment of administrator by Court
3.3Administration application (paragraph 12 of Schedule B1)
3.4Administration application made by the directors
3.5Administration application by the supervisor of a CVA
3.6Witness statement in support of administration application
3.7Filing of application
3.8Service of application
3.9Notice to enforcement agents charged with distress or other legal process, etc.
3.10Notice of other insolvency proceedings
3.11Intervention by holder of qualifying floating charge (paragraph 36(1)(b) of Schedule B1)
3.12The hearing
3.13The order
3.14Order on an application under paragraph 37 or 38 of Schedule B1
3.15Notice of administration order
CHAPTER 3Appointment of administrator by holder of floating charge
3.16Notice of intention to appoint
3.17Notice of appointment
3.18Filing of notice with the court
3.19Appointment by floating charge holder after administration application made
3.20Appointment taking place out of court business hours: procedure
3.21Appointment taking place out of court business hours: content of notice
3.22Appointment taking place out of court business hours: legal effect
CHAPTER 4Appointment of administrator by company or directors
3.23Notice of intention to appoint
3.24Notice of appointment after notice of intention to appoint
3.25Notice of appointment without prior notice of intention to appoint
3.26Notice of appointment: filing with the court
CHAPTER 5Notice of administrator’s appointment
3.27Publication of administrator’s appointment
CHAPTER 6Statement of affairs
3.28Interpretation
Statement of affairs: notice requiring and delivery to the administrator (paragraph 47(1) of Schedule B1)
3.29Statement of affairs: notice requiring and delivery to the administrator (paragraph 47(1) of Schedule B1)
Statement of affairs: content (paragraph 47 of Schedule B1)
3.30Statement of affairs: content (paragraph 47 of Schedule B1)
3.31Statement of affairs: statement of concurrence
3.32Statement of affairs: filing
3.33Statement of affairs: release from requirement and extension of time
3.34Statement of affairs: expenses
CHAPTER 7Administrator’s proposals
3.35Administrator’s proposals: additional content
3.36Administrator’s proposals: statement of pre-administration costs
3.37Advertising administrator’s proposals and notices of extension of time for delivery of proposals (paragraph 49 of Schedule B1)
3.38Seeking approval of the administrator’s proposals
3.39Invitation to creditors to form a creditors’ committee
3.40Notice of extension of time to seek approval
3.41Notice of the creditors’ decision on the administrator’s proposals (paragraph 53(2))
3.42Administrator’s proposals: revision
3.43Notice of result of creditors’ decision on revised proposals (paragraph 54(6))
CHAPTER 8Limited disclosure of statements of affairs and proposals
3.44Application of Chapter
3.45Orders limiting disclosure of statement of affairs etc.
3.46Order for disclosure by administrator
3.47Rescission or amendment of order for limited disclosure
3.48Publication etc. of statement of affairs or statement of proposals
CHAPTER 9Disposal of charged property
3.49Disposal of charged property
CHAPTER 10Expenses of the Administration
3.50Expenses
3.51Order of priority
3.52Pre-administration costs
CHAPTER 11Extension and ending of administration
3.53Interpretation
3.54Application to extend an administration and extension by consent (paragraph 76(2) of Schedule B1)
3.55Notice of automatic end of administration (paragraph 76 of Schedule B1)
3.56Notice of end of administration when purposes achieved (paragraph 80(2) of Schedule B1)
3.57Administrator’s application for order ending administration (paragraph 79 of Schedule B1)
3.58Creditor’s application for order ending administration (paragraph 81 of Schedule B1)
3.59Notice by administrator of court order
Moving from administration to creditors’ voluntary winding up (paragraph 83 of Schedule B1)
3.60Moving from administration to creditors’ voluntary winding up (paragraph 83 of Schedule B1)
3.61Moving from administration to dissolution (paragraph 84 of Schedule B1)
CHAPTER 12Replacing the administrator
3.62Grounds for resignation
3.63Notice of intention to resign
3.64Notice of resignation (paragraph 87 of Schedule B1)
3.65Application to court to remove administrator from office
3.66Notice of vacation of office when administrator ceases to be qualified to act
3.67Deceased administrator
3.68Application to replace
3.69Appointment of replacement or additional administrator
3.70Administrator’s duties on vacating office
PART 4RECEIVERSHIP
CHAPTER 1Appointment of joint receivers or managers to whom Part 3 of the Act applies (other than those appointed under section 51 (Scottish receiverships))
4.1Receivers or managers appointed under an instrument: acceptance of appointment (section 33)
CHAPTER 2Administrative receivers (other than in Scottish receiverships)
4.2Application of Chapter 2
4.3Interpretation
4.4Administrative receiver’s security
4.5Publication of appointment of administrative receiver (section 46(1))
Requirement to provide a statement of affairs (section 47(1))
4.6Requirement to provide a statement of affairs (section 47(1))
Statement of affairs: contents and delivery of copy (section 47(2))
4.7Statement of affairs: contents and delivery of copy (section 47(2))
4.8Statement of affairs: statement of concurrence
4.9Statement of affairs: retention by administrative receiver
4.10Statement of affairs: release from requirement and extension of time (section 47(5))
4.11Statement of affairs: expenses
4.12Limited disclosure
4.13Administrative receiver’s report to the registrar of companies and secured creditors (section 48(1))
4.14Copy of report for unsecured creditors (section 48(2))
4.15Invitation to creditors to form a creditors’ committee
4.16Disposal of charged property (section 43(1))
4.17Summary of receipts and payments
4.18Resignation
4.19Deceased administrative receiver
4.20Other vacation of office
4.21Notice to registrar of companies (section 45(4))
CHAPTER 3Non-administrative receivers and the prescribed part
4.22Application of Chapter 3
4.23Report to creditors
4.24Receiver to deal with prescribed part
PART 5MEMBERS’ VOLUNTARY WINDING UP
CHAPTER 1Statutory declaration of solvency (section 89)
Statutory declaration of solvency: requirements additional to those in section 89
5.1Statutory declaration of solvency: requirements additional to those in section 89
CHAPTER 2The liquidator
5.2Appointment by the company
5.3Meetings in members’ voluntary winding up of authorised deposit-takers
5.4Appointment by the court (section 108)
5.5Cost of liquidator’s security (section 390(3))
5.6Liquidator’s resignation
5.7Removal of liquidator by the court
5.8Removal of liquidator by company meeting
5.9Delivery of proposed final account to members (section 94)
5.10Final account prior to dissolution (section 94)
5.11Deceased liquidator
5.12Loss of qualification as insolvency practitioner
5.13Liquidator’s duties on vacating office
5.14Application by former liquidator to the Secretary of State for release (section 173(2)(b))
5.15Power of court to set aside certain transactions entered into by liquidator
5.16Rule against improper solicitation by or on behalf of the liquidator
CHAPTER 3Special manager
5.17Application for and appointment of special manager (section 177)
5.18Security
5.19Failure to give or keep up security
5.20Accounting
5.21Termination of appointment
CHAPTER 4Conversion to creditors’ voluntary winding up
5.22Statement of affairs (section 95(3))
PART 6CREDITORS’ VOLUNTARY WINDING UP
CHAPTER 1Application of Part 6
6.1Application of Part 6
CHAPTER 2Statement of affairs and other information
Statement of affairs made out by the liquidator under section 95(1A)
6.2Statement of affairs made out by the liquidator under section 95(1A)
Statement of affairs made out by the directors under section 99(1)
6.3Statement of affairs made out by the directors under section 99(1)
6.4Additional requirements as to statements of affairs
6.5Statement of affairs: statement of concurrence
6.6Order limiting disclosure of statement of affairs etc.
6.7Expenses of statement of affairs and decisions sought from creditors
6.8Delivery of accounts to liquidator (section 235)
6.9Expenses of assistance in preparing accounts
CHAPTER 3Nomination and appointment of liquidators and information to creditors
6.10Application of the rules in this Chapter
6.11Nomination of liquidator and information to creditors on conversion from members’ voluntary winding up (section 96)
6.12Creditors’ decision on appointment other than at a meeting (conversion from members’ voluntary winding up)
6.13Information to creditors and contributories (conversion of members’ voluntary winding up into creditors’ voluntary winding up)
6.14Information to creditors and appointment of liquidator
6.15Information to creditors and contributories
6.16Further information where administrator becomes liquidator (paragraph 83(3) of Schedule B1)
6.17Report by director etc.
6.18Decisions on nomination
6.19Invitation to creditors to form a liquidation committee
CHAPTER 4The liquidator
6.20Appointment by creditors or by the company
6.21Power to fill vacancy in office of liquidator
6.22Appointment by the court (section 100(3) or 108)
6.23Advertisement of appointment
6.24Cost of liquidator’s security (section 390(3))
6.25Liquidator’s resignation and replacement
6.26Removal of liquidator by creditors
6.27Removal of liquidator by the court
6.28Final account prior to dissolution (section 106)
6.29Deceased liquidator
6.30Loss of qualification as insolvency practitioner
6.31Vacation of office on making of winding-up order
6.32Liquidator’s duties on vacating office
6.33Application by former liquidator for release (section 173(2)(b))
6.34Power of court to set aside certain transactions
6.35Rule against improper solicitation
6.36Permission for exercise of powers by liquidator
CHAPTER 5Special Manager
6.37Application for and appointment of special manager (section 177)
6.38Security
6.39Failure to give or keep up security
6.40Accounting
6.41Termination of appointment
CHAPTER 6Priority of payment of costs and expenses, etc.
6.42General rule as to priority
6.43Saving for powers of the court
CHAPTER 7Litigation expenses and property subject to a floating charge
6.44Interpretation
6.45Requirement for approval or authorisation
6.46Request for approval or authorisation
6.47Grant of approval or authorisation
6.48Application to the court by the liquidator
PART 7WINDING UP BY THE COURT
CHAPTER 1Application of Part
7.1Application of Part 7
CHAPTER 2The statutory demand (sections 123(1)(a) and 222(1)(a))
7.2Interpretation
7.3The statutory demand
CHAPTER 3Petition for winding-up order
7.4Application of this Chapter
7.5Contents of petition
7.6Verification of petition
7.7Petition: presentation and filing
7.8Court to which petition is to be presented where the company is subject to a CVA or is in administration
7.9Copies of petition to be served on company or delivered to other persons
7.10Notice of petition
7.11Persons entitled to request a copy of petition
7.12Certificate of compliance
7.13Permission for the petitioner to withdraw
7.14Notice by persons intending to appear
7.15List of appearances
7.16Witness statement in opposition
7.17Substitution of creditor or contributory for petitioner
7.18Order for substitution of petitioner
7.19Notice of adjournment
7.20Order for winding up by the court
7.21Notice to official receiver of winding-up order
7.22Delivery and notice of the order
7.23Petition dismissed
7.24Injunction to restrain presentation or notice of petition
CHAPTER 4Petition by a contributory or a relevant office-holder
7.25Interpretation and application of rules in Chapter 3
7.26Contents of petition for winding-up order by a contributory
7.27Petition presented by a relevant office-holder
7.28Verification of petition
7.29Presentation and service of petition
7.30Request to appoint former administrator or supervisor as liquidator (section 140)
7.31Hearing of petition
7.32Order for winding up by the court of a company in administration or where there is a supervisor of a CVA in relation to the company
CHAPTER 5Provisional liquidator
7.33Application for appointment of provisional liquidator (section 135)
7.34Deposit by applicant
7.35Order of appointment of provisional liquidator
7.36Notice of appointment of provisional liquidator
7.37Security
7.38Remuneration
7.39Termination of appointment
CHAPTER 6Statement of affairs and other information
7.40Notice requiring statement of affairs (section 131)
7.41Statement of affairs
7.42Statement of affairs: statement of concurrence
7.43Order limiting disclosure of statement of affairs etc.
7.44Release from duty to submit statement of affairs: extension of time (section 131)
7.45Statement of affairs: expenses
7.46Delivery of accounts to official receiver
7.47Further disclosure
CHAPTER 7Reports and information to creditors and contributories
7.48Reports by official receiver
7.49Reports by official receiver: estimate of prescribed part
7.50Further information where winding up follows administration
7.51Notice of stay of winding up
CHAPTER 8The liquidator
7.52Choosing a person to be liquidator
7.53Appointment of liquidator by creditors or contributories
7.54Decision on nomination
7.55Invitation to creditors and contributories to form a liquidation committee
7.56Appointment by the court
7.57Appointment by the Secretary of State
7.58Cost of liquidator’s security (section 390(3))
7.59Appointment to be gazetted and notice given to registrar of companies
7.60Hand-over of assets by official receiver to liquidator
7.61Liquidator’s resignation
7.62Notice to official receiver of intention to vacate office
7.63Decision of creditors to remove liquidator
7.64Procedure on removal by creditors
7.65Removal of liquidator by the court (section 172(2))
7.66Removal of liquidator by the Secretary of State (section 172(4))
7.67Deceased liquidator
7.68Loss of qualification as insolvency practitioner
7.69Application by liquidator for release (section 174(4)(b) or (d))
7.70Release of official receiver
7.71Final account prior to dissolution (section 146)
7.72Relief from, or variation of, duty to report
7.73Liquidator’s duties on vacating office
7.74Power of court to set aside certain transactions
7.75Rule against improper solicitation
CHAPTER 9Duties and powers of liquidator
7.76General duties of liquidator
7.77Permission for exercise of powers by liquidator
7.78Enforced delivery up of company’s property (section 234)
CHAPTER 10Settlement of list of contributories
7.79Delegation to liquidator of power to settle list of contributories
7.80Duty of liquidator to settle list (section 148)
7.81Contents of list
7.82Procedure for settling list
7.83Application to court for variation of the list
7.84Variation of, or addition to, the list
7.85Costs of applications to vary etc. the list of contributories
CHAPTER 11Calls on contributories
7.86Making of calls by the liquidator (sections 150 and 160)
7.87Sanction of the liquidation committee for making a call
7.88Application to court for permission to make a call (sections 150 and 160)
7.89Order giving permission to make a call
7.90Making and enforcement of the call
7.91Court order to enforce payment of call by a contributory
CHAPTER 12Special manager
7.92Application of this Chapter and interpretation
7.93Appointment and remuneration of special manager (section 177)
7.94Security
7.95Failure to give or keep up security
7.96Accounting
7.97Termination of appointment
CHAPTER 13Public examination of company officers and others (section 133)
7.98Applications relating to promoters, past managers etc. (section 133(1)(c))
7.99Request by a creditor for a public examination (section 133(2))
7.100Request by a contributory for a public examination
7.101Further provisions about requests by a creditor or contributory for a public examination
7.102Order for public examination
7.103Notice of the public examination
7.104Examinee unfit for examination
7.105Procedure at public examination
Adjournment
7.106Adjournment
7.107Expenses of examination
CHAPTER 14Priority of payment of costs and expenses, etc.
7.108General rule as to priority
7.109Winding up commencing as voluntary
7.110Saving for powers of the court (section 156)
CHAPTER 15Litigation expenses and property subject to a floating charge
7.111Interpretation
7.112Priority of litigation expenses
7.113Requirement for approval or authorisation of litigation expenses
7.114Requests for approval or authorisation
7.115Grant of approval or authorisation
7.116Application to the court by the liquidator
CHAPTER 16MISCELLANEOUS RULES
Sub-division A: Return of capital
7.117Application to court for order authorising return of capital
7.118Procedure for return
Sub-division B: Dissolution after winding up
7.119Secretary of State’s directions under sections 203 and 205 and appeal
PART 8INDIVIDUAL VOLUNTARY ARRANGEMENTS (IVA)
CHAPTER 1Preliminary
8.1Interpretation
CHAPTER 2Preparation of the debtor’s proposal for an IVA
8.2Proposal for an IVA: general principles and amendment
8.3Proposal: contents
8.4Notice of nominee’s consent
8.5Statement of affairs (section 256 and 256A)
8.6Application to omit information from statement of affairs delivered to creditors
8.7Additional disclosure for assistance of nominee
CHAPTER 3Cases in which an application for an interim order is made
8.8Application for interim order
8.9Court in which application is to be made
8.10Order granting a stay
8.11Hearing of the application
8.12The interim order
8.13Action to follow making of an interim order
8.14Order extending period of an interim order (section 256(4))
8.15Nominee’s report on the proposal
8.16Order extending period of interim order to enable the creditors to consider the proposal (section 256(5))
8.17Replacement of the nominee (section 256(3))
8.18Consideration of the nominee’s report
CHAPTER 4Cases where no interim order is to be obtained
8.19Nominee’s report (section 256A)
8.20Court or hearing centre to which applications must be made where no interim order
8.21Replacement of the nominee (section 256A(4))
CHAPTER 5Consideration of the proposal by the creditors
8.22Consideration of the proposal
8.23Proposals for an alternative supervisor
8.24Report of the creditors’ consideration of a proposal
CHAPTER 6Action following approval of an IVA
8.25Hand-over of property, etc. to supervisor
8.26Report to the Secretary of State of the approval of an IVA
8.27Revocation or suspension of an IVA (section 262)
8.28Supervisor’s accounts and reports
8.29Production of accounts and records to the Secretary of State
8.30Fees and expenses
8.31Termination or full implementation of the IVA
CHAPTER 7Applications to annul bankruptcy orders under sections 261(2)(a) and (b)
8.32Application by the bankrupt to annul the bankruptcy order (section 261(2)(a))
8.33Application by the official receiver to annul the bankruptcy order (section 261(2)(b))
8.34Order annulling bankruptcy
8.35Notice of order
8.36Advertisement of order
8.37Trustee’s final account
CHAPTER 8Time recording information
8.38Provision of information
PART 9DEBT RELIEF ORDERS
CHAPTER 1Interpretation
9.1Debtor’s family
9.2Excluded debts
CHAPTER 2Application for a debt relief order
9.3Application for a debt relief order: information required in the application
9.4Delivery of application
9.5Role of approved intermediary
CHAPTER 3Verifying the application and determining the debtor’s income and property
9.6Prescribed verification checks: conditions in paragraphs 1 to 8 of Schedule 4ZA of the Act
9.7Determination of debtor’s monthly surplus income
9.8Determination of value of the debtor’s property (paragraph 8 of Schedule 4ZA)
9.9Property to be excluded in determining the value of a debtor’s property
CHAPTER 4Making or refusal of a debt relief order
9.10Contents of debt relief order
9.11Other steps to be taken by official receiver or debtor upon making of the order
9.12Prescribed information for creditors on making of debt relief order
9.13Refusal of application for debt relief order
CHAPTER 5Objection and revocation
9.14Meaning of “creditor”
9.15Creditor’s objection to a debt relief order (section 251K)
9.16Official receiver’s response to objection under section 251K
9.17Creditor’s request that a debt relief order be revoked (section 251L(4))
9.18Procedure in revoking or amending a debt relief order (section 251L)
9.19Debtor’s notification of official receiver of matters in section 251J(3) or (5)
9.20Death of debtor during a moratorium period under a debt relief order
CHAPTER 6Applications to the court
9.21Notice of application to court under section 251M
9.22Court in which applications under sections 251M or 251N are to be made
9.23Creditor’s bankruptcy petition: creditor consents to making application for a debt relief order
9.24Extension of moratorium period
CHAPTER 7Permission to act as a director, etc.
9.25Application for permission under the Company Directors Disqualification Act 1986
9.26Report of official receiver
9.27Court’s order on application
PART 10BANKRUPTCY
CHAPTER 1The statutory demand
10.1The statutory demand (section 268)
10.2Service of statutory demand
10.3Proof of service of statutory demand
10.4Application to set aside statutory demand
10.5Hearing of application to set aside
CHAPTER 2CREDITORS’ BANKRUPTCY PETITIONS
Preliminary
10.6Application and interpretation
10.7Contents of petition
10.8Identification of debtor
10.9Identification of debt
10.10Verification of petition
10.11Court in which petition is to be presented
10.12Procedure for presentation and filing of petition
10.13Application to Chief Land Registrar to register petition
10.14Service of petition and delivery of copies
10.15Death of debtor before service
10.16Amendment of petition
10.17Security for costs
10.18Debtor’s notice of opposition to petition
10.19Notice by persons intending to appear
10.20List of appearances
10.21Hearing of petition
10.22Postponement of hearing
10.23Adjournment of the hearing
10.24Decision on the hearing
10.25Vacating registration on withdrawal of petition
10.26Non-appearance of petitioning creditor
10.27Substitution of petitioner
10.28Order for substitution of petitioner
10.29Change of carriage of petition
Petitioner seeking dismissal or permission to withdraw
10.31Contents of bankruptcy order
10.32Delivery and notice of the order
10.33Application to Chief Land Registrar to register bankruptcy order
CHAPTER 3Debtors’ bankruptcy applications
10.34Preliminary
10.35Bankruptcy application for a bankruptcy order
10.36Procedure for making a bankruptcy application and communication with the adjudicator
10.37Application to the Chief Land Registrar to register a bankruptcy application
10.38Verification checks
10.39Determination of the bankruptcy application
10.40The determination period
10.41Settlement and contents of bankruptcy order
10.42Refusal to make a bankruptcy order and contents of notice of refusal
10.43Review of refusal to make a bankruptcy order
10.44Appeal to the court following a review of refusal to make a bankruptcy order
10.45Action to follow making of order
10.46Application to the Chief Land Registrar
10.47The bankruptcy file
10.48Court to which applications are to be made
CHAPTER 4The interim receiver
10.49Application for appointment of interim receiver (section 286)
10.50Deposit
10.51Order of appointment
10.52Security
10.53Remuneration
10.54Termination of appointment
CHAPTER 5Disclosure of the bankrupt’s affairs
Sub-division A: creditor’s petition
10.55Notice requiring statement of affairs (section 288)
10.56Statement of affairs
10.57Limited disclosure
10.58Requirement to submit statement of affairs and extension of time (section 288(3))
10.59Expenses of assisting bankrupt to prepare statement of affairs
10.60Delivery of accounts to official receiver
10.61Further disclosure
Sub-division B: Bankruptcy application
10.62Preliminary
10.63Delivery of accounts to official receiver
10.64Expenses of preparing accounts
10.65Further disclosure
Sub-division C: Reports by the official receiver
10.66Reports by the official receiver
CHAPTER 6THE TRUSTEE IN BANKRUPTCY
Sub-division A: appointment and associated formalities
10.67Appointment by creditors of new trustee
10.68Certification of appointment
10.69Cost of the trustee’s security (section 390(3))
10.70Creditors’ decision to appoint a trustee
10.71Appointment by the court (section 291A(2))
10.72Appointment by the Secretary of State
10.73Authentication of trustee’s appointment
10.74Appointment to be gazetted
10.75Hand-over of bankrupt’s estate by official receiver to trustee
10.76Invitation to creditors to form a creditors’ committee
Sub-division B: resignation and removal
10.77Trustee’s resignation and appointment of replacement (section 298(7))
10.78Decision of creditors to remove trustee (section 298(1))
10.79Procedure on removal by creditors
10.80Removal of trustee by the court (section 298(1))
10.81Removal of trustee by the Secretary of State (section 298(5))
10.82Notice of resignation or removal
10.83Release of removed trustee (section 299)
10.84Deceased trustee
10.85Loss of qualification as insolvency practitioner (section 298(6))
Sub-division C: release on completion of administration of bankrupt’s estate
10.86Release of official receiver on completion of administration (section 299)
10.87Vacation of office on completion of bankruptcy (sections 298(8) and 331)
10.88Rule as to reporting
10.89Notice to official receiver of intention to vacate office
10.90Trustee’s duties on vacating office
10.91Power of the court to set aside certain transactions
10.92Rule against improper solicitation
10.93Enforcement of trustee’s obligations to official receiver (section 305(3))
CHAPTER 7Special manager
Application for and order of appointment of special manager (section 370)
10.94Application for and order of appointment of special manager (section 370)
10.95Security
10.96Failure to give or keep up security
10.97Accounting
10.98Termination of appointment
CHAPTER 8Public examination of bankrupt
Order for public examination of bankrupt
10.99Order for public examination of bankrupt
10.100Notice of public examination
10.101Order for public examination requested by creditors
Bankrupt unfit for examination
10.102Bankrupt unfit for examination
10.103Procedure at public examination
Adjournment
10.104Adjournment
10.105Expenses of examination
CHAPTER 9Replacement of exempt property
10.106Purchase of replacement property
10.107Money provided in lieu of sale
CHAPTER 10Income payments orders
10.108Interpretation
10.109Application for income payments order (section 310)
10.110Order for income payments order
10.111Action to follow making of order
10.112Variation of order
10.113Order to payer of income: administration
10.114Review of order
CHAPTER 11Income payments agreements
10.115Approval of income payments agreements
10.116Acceptance of income payments agreements
10.117Variation of income payments agreements
CHAPTER 12Applications for production of documents by Her Majesty’s Revenue and Customs (section 369)
10.118Application for order
10.119Making and service of the order
10.120Custody of documents
CHAPTER 13Mortgaged property
10.121Interpretation
10.122Claim by mortgagee of land
10.123Power of court to order sale
10.124Proceeds of sale
CHAPTER 14After-acquired property
10.125Duties of bankrupt in relation to after-acquired property
10.126Trustee’s recourse to person to whom property disposed
CHAPTER 15Permission to act as director, etc.
10.127Interpretation
10.128Application for permission
10.129Report of official receiver
10.130Court’s order on application
10.131Costs under this Chapter
CHAPTER 16Annulment of bankruptcy order
10.132Application for annulment
10.133Report by trustee
10.134Applicant’s claim that remuneration or expenses are excessive
10.135Power of court to stay proceedings
10.136Notice to creditors who have not proved
10.137The hearing
10.138Matters to be proved under section 282(1)(b)
10.139Notice to creditors
10.140Other matters arising on annulment
10.141Trustee’s final account
CHAPTER 17Discharge
10.142Application for suspension of discharge
10.143Lifting of suspension of discharge
10.144Certificate of discharge from bankruptcy order made otherwise than on a bankruptcy application
10.145Certificate of discharge from bankruptcy order made on a bankruptcy application
Bankrupt’s debts surviving discharge
10.146Bankrupt’s debts surviving discharge
10.147Costs under this Chapter
CHAPTER 18Priority of payment of costs etc. out of the bankrupt’s estate
10.148Expenses
10.149General rule as to priority
CHAPTER 19Second bankruptcy
Scope of this Chapter
10.150Scope of this Chapter
10.151General duty of existing trustee
10.152Delivery up to later trustee
10.153Existing trustee’s expenses
CHAPTER 20Criminal bankruptcy
10.154Contents of petition
10.155Status and functions of Official Petitioner
10.156Interim receivership
10.157Proof of bankruptcy debts and notice of order
10.158Rules not applying in criminal bankruptcy
10.159Annulment of criminal bankruptcy order
10.160Application by bankrupt for discharge
10.161Report of official receiver
10.162Order of discharge
10.163Deferment of issue of order pending appeal
10.164Costs under this Chapter
CHAPTER 21Miscellaneous rules in bankruptcy
10.165Amendment of title of proceedings
10.166Application for redirection order
10.167Bankrupt’s home: property falling within section 283A
10.168Application in relation to the vesting of an interest in a dwelling-house (registered land)
10.169Vesting of bankrupt’s interest (unregistered land)
Vesting of bankrupt’s estate: substituted period
10.170Vesting of bankrupt’s estate: substituted period
10.171Charging order
PART 11BANKRUPTCY AND DEBT RELIEF RESTRICTIONS ORDERS AND UNDERTAKINGS AND THE INSOLVENCY REGISTERS
CHAPTER 1Interpretation
11.1References to the Secretary of State
CHAPTER 2Bankruptcy and debt relief restrictions orders (Schedules 4ZB and 4A)
11.2Application for a bankruptcy or debt relief restrictions order
11.3Service of the application on the bankrupt or debtor
11.4The bankrupt’s or debtor’s evidence opposing an application
11.5Making a bankruptcy or debt relief restrictions order
CHAPTER 3Interim bankruptcy and debt relief restrictions orders
11.6Application for an interim bankruptcy or debt relief restrictions order
11.7Making an interim bankruptcy or debt relief restrictions order
11.8Application to set aside an interim order
11.9Order setting aside an interim order
CHAPTER 4Bankruptcy restrictions and debt relief restrictions undertakings
11.10Acceptance of a bankruptcy restrictions or a debt relief restrictions undertaking
11.11Notification
11.12Application to annul a bankruptcy restrictions or a debt relief restrictions undertaking
CHAPTER 5Insolvency Registers: General
11.13Maintenance of the registers and inspection
CHAPTER 6Individual insolvency register
11.14Entry of information on the individual insolvency register: IVAs
11.15Deletion of information from the individual insolvency register: IVAs
11.16Entry of information on to the individual insolvency register: bankruptcy orders
11.17Deletion of information from the individual insolvency register: bankruptcy orders
11.18Entry of information on to the individual insolvency register: debt relief orders
11.19Deletion of information from the individual insolvency register: debt relief orders
CHAPTER 7Bankruptcy and debt relief restrictions register
11.20Bankruptcy restrictions and debt relief restrictions orders and undertakings: entry of information on the registers
11.21Deletion of information from the registers
CHAPTER 8Rectification of registers and death of persons on register
11.22Rectification of the registers
11.23Death of a person about whom information is held on a register
PART 12COURT PROCEDURE AND PRACTICE
CHAPTER 1General
Application of the Civil Procedure Rules 1998
12.1Court rules and practice to apply
12.2Performance of functions by the Court
CHAPTER 2Commencement of insolvency proceedings in the County Court
12.3Commencement of insolvency proceedings under Parts 1 to 7 of the Act (corporate insolvency proceedings)
12.4Commencement of insolvency proceedings under Parts 7A to 11 of the Act (personal insolvency proceedings; bankruptcy)
12.5Allocation of proceedings to the London Insolvency District
CHAPTER 3Making applications to court: general
12.6Preliminary
Filing of application
12.7Filing of application
12.8Fixing the venue
12.9Service or delivery of application
12.10Hearing in urgent case
12.11Directions
12.12Hearing and determination without notice
12.13Adjournment of the hearing of an application
CHAPTER 4Making applications to court: specific applications
Sub-division A: Applications in connection with section 176A (prescribed part)
12.14Applications under section 176A(5) to disapply section 176A
12.15Notice of application under section 176A(5)
12.16Notice of an order under section 176A(5)
Sub-division B: Applications for private examination (sections 236, 251N and 366)
12.17Application of this sub-division and interpretation
12.18Contents of application
12.19Order for examination etc.
12.20Procedure for examination
12.21Record of examination
12.22Costs of proceedings under sections 236, 251N and 366
Sub-division C – persons unable to manage own property or affairs
12.23Application and interpretation
12.24Appointment of another person to act
12.25Witness statement in support of application
12.26Service of notices following appointment
CHAPTER 5Obtaining information and evidence
12.27Further information and disclosure
12.28Witness statements and reports
12.29Evidence provided by the official receiver, an insolvency practitioner or a special manager
CHAPTER 6Transfer of proceedings
Sub-division A : General
12.30General power of transfer
12.31Proceedings commenced in the wrong court
12.32Applications for transfer
12.33Procedure following order for transfer
12.34Consequential transfer of other proceedings
Sub-division B : Block transfer of cases where insolvency practitioner has died etc.
12.35Interpretation
12.36Power to make a block transfer order
12.37Application for a block transfer order
12.38Action following application for a block transfer order
CHAPTER 7The court file
12.39The court file
12.40Office copies of documents
CHAPTER 8Costs
12.41Application of Chapter and interpretation
12.42Requirement to assess costs by the detailed procedure
12.43Procedure where detailed assessment is required
12.44Costs of officers charged with execution of writs or other process
12.45Petitions presented by insolvent companies
12.46Costs paid otherwise than out of the insolvent estate
12.47Awards of costs against an office-holder, the adjudicator or the official receiver
12.48Applications for costs
12.49Costs and expenses of petitioners and other specified persons
12.50Final costs certificate
CHAPTER 9Enforcement procedures
12.51Enforcement of court orders
12.52Orders enforcing compliance
12.53Warrants (general provisions)
12.54Warrants under sections 134 and 364
12.55Warrants under sections 236, 251N and 366
12.56Warrants under section 365
12.57Execution overtaken by judgment debtor’s insolvency
CHAPTER 10Appeals
12.58Application of Chapter
12.59Appeals and reviews of court orders in corporate insolvency
12.60Appeals in bankruptcy by the Secretary of State
12.61Procedure on appeal
12.62Appeals against decisions of the Secretary of State or official receiver
CHAPTER 11Court orders, formal defects and shorthand writers
12.63Court orders
12.64Formal defects
12.65Shorthand writers: nomination etc.
PART 13OFFICIAL RECEIVERS
13.1Official receivers in court
13.2Persons entitled to act on official receiver’s behalf
13.3Application for directions
13.4Official receiver’s expenses
13.5Official receiver not to be appointed liquidator or trustee
PART 14CLAIMS BY AND DISTRIBUTIONS TO CREDITORS IN ADMINISTRATION, WINDING UP AND BANKRUPTCY
CHAPTER 1Application and interpretation
Application of Part 14 and interpretation
14.1Application of Part 14 and interpretation
CHAPTER 2Creditors’ claims in administration, winding up and bankruptcy
14.2Provable debts
14.3Proving a debt
14.4Requirements for proof
14.5Costs of proving
14.6Allowing inspection of proofs
14.7Admission and rejection of proofs for dividend
14.8Appeal against decision on proof
14.9Office-holder not liable for costs under rule 14.8
14.10Withdrawal or variation of proof
14.11Exclusion of proof by the court
Administration and winding up by the court: debts of insolvent company to rank equally
14.12Administration and winding up by the court: debts of insolvent company to rank equally
Administration and winding up: division of unsold assets
14.13Administration and winding up: division of unsold assets
14.14Administration and winding up: estimate of value of debt
14.15Secured creditor: value of security
14.16Secured creditor: surrender for non-disclosure
14.17Secured creditor: redemption by office-holder
14.18Secured creditor: test of security’s value
14.19Realisation or surrender of security by creditor
14.20Discounts
14.21Debts in foreign currency
14.22Payments of a periodical nature
Interest
14.23Interest
14.24Administration: mutual dealings and set-off
14.25Winding up: mutual dealings and set-off
CHAPTER 3Distribution to creditors in administration, winding up and bankruptcy
14.26Application of Chapter to a particular class of creditors and to distributions
Declaration and distribution of dividends in a winding up
14.27Declaration and distribution of dividends in a winding up
14.28Gazette notice of intended first dividend or distribution
14.29Individual notices to creditors etc. of intended dividend or distribution
14.30Contents of notice of intention to declare a dividend or make a distribution
14.31Further contents of notice to creditors owed small debts etc.
14.32Admission or rejection of proofs following last date for proving
14.33Postponement or cancellation of dividend
14.34Declaration of dividend
14.35Notice of declaration of a dividend
Last notice about dividend in a winding up
14.36Last notice about dividend in a winding up
14.37Contents of last notice about dividend (administration, winding up and bankruptcy)
Sole or final dividend
14.38Sole or final dividend
Administration and winding up: provisions as to dividends
14.39Administration and winding up: provisions as to dividends
14.40Supplementary provisions as to dividends and distributions
14.41Secured creditors
14.42Disqualification from dividend
14.43Assignment of right to dividend
14.44Debt payable at future time
Administration and winding up: non-payment of dividend
14.45Administration and winding up: non-payment of dividend
PART 15DECISION MAKING
CHAPTER 1Application of Part
15.1Application of Part
CHAPTER 2Decision procedures
15.2Interpretation
The prescribed decision procedures
15.3The prescribed decision procedures
15.4Electronic voting
15.5Virtual meetings
15.6Physical meetings
Deemed consent (sections 246ZF and 379ZB)
15.7Deemed consent (sections 246ZF and 379ZB)
CHAPTER 3Notices, voting and venues for decisions
15.8Notices to creditors of decision procedure
15.9Voting in a decision procedure
15.10Venue for decision procedure
Notice of decision procedures or of seeking deemed consent: when and to whom delivered
15.11Notice of decision procedures or of seeking deemed consent: when and to whom delivered
15.12Notice of decision procedure by advertisement only
15.13Gazetting and advertisement of meeting
15.14Notice to company officers, bankrupts etc. in respect of meetings
15.15Non-receipt of notice of decision
15.16Decisions on remuneration and conduct
CHAPTER 4Decision making in particular proceedings
15.17Decisions in winding up of authorised deposit-takers
CHAPTER 5Requisitioned decisions
Requisitions of decision
15.18Requisitions of decision
15.19Expenses and timing of requisitioned decision
CHAPTER 6Constitution of meetings
15.20Quorum at meetings
15.21Chair at meetings
15.22The chair – attendance, interventions and questions
CHAPTER 7Adjournment and suspension of meetings
15.23Adjournment by chair
15.24Adjournment of meetings to remove a liquidator or trustee
15.25Adjournment in absence of chair
15.26Proofs in adjournment
15.27Suspension
CHAPTER 8Creditors’ voting rights and majorities
15.28Creditors’ voting rights
15.29Scheme manager’s voting rights
15.30Claim made in proceedings in other member States
15.31Calculation of voting rights
15.32Calculation of voting rights: special cases
15.33Procedure for admitting creditors’ claims for voting
15.34Requisite majorities
15.35Appeals against decisions under this Chapter
CHAPTER 9Exclusions from meetings
15.36Action where person excluded
15.37Indication to excluded person
15.38Complaint
CHAPTER 10Contributories’ voting rights and majorities
15.39Contributories’ voting rights and requisite majorities
CHAPTER 11Records
15.40Record of a decision
CHAPTER 12Company meetings
15.41Company meetings
15.42Remote attendance: notification requirements
15.43Location of company meetings
15.44Action where person excluded
15.45Indication to excluded person
15.46Complaint
PART 16PROXIES AND CORPORATE REPRESENTATION
16.1Application and interpretation
16.2Specific and continuing proxies
16.3Blank proxy
16.4Use of proxies
16.5Use of proxies by the chair
16.6Right of inspection and retention of proxies
16.7Proxy-holder with financial interest
Corporate representation: bankruptcy and IVA
16.9Instrument conferring authorisation to represent corporation
PART 17CREDITORS’ AND LIQUIDATION COMMITTEES
CHAPTER 1Introductory
17.1Scope and interpretation
CHAPTER 2Functions of a committee
17.2Functions of a committee
CHAPTER 3Membership and formalities of formation of a committee
Number of members of a committee
17.3Number of members of a committee
17.4Eligibility for membership of creditors’ or liquidation committee
17.5Establishment of committees
17.6Liquidation committee established by contributories
17.7Notice of change of membership of a committee
17.8Vacancies: creditor members of creditors’ or liquidation committee
17.9Vacancies: contributory members of liquidation committee
17.10Resignation
17.11Termination of membership
17.12Removal
17.13Cessation of liquidation committee in a winding up when creditors are paid in full
CHAPTER 4Meetings of Committee
17.14Meetings of committee
17.15The chair at meetings
17.16Quorum
17.17Committee-members’ representatives
17.18Voting rights and resolutions
17.19Resolutions by correspondence
17.20Remote attendance at meetings of committee
17.21Procedure for requests that a place for a meeting should be specified
CHAPTER 5Supply of information by the office-holder to the committee
Notice requiring office-holder to attend the creditors’ committee (administration and administrative receivership) (paragraph 57(3)(a) of Schedule B1 and section 49(2))
17.22Notice requiring office-holder to attend the creditors’ committee (administration and administrative receivership) (paragraph 57(3)(a) of Schedule B1 and section 49(2))
Office-holder’s obligation to supply information to the committee (winding up and bankruptcy)
17.23Office-holder’s obligation to supply information to the committee (winding up and bankruptcy)
CHAPTER 6Miscellaneous
17.24Expenses of members etc.
17.25Dealings by committee members and others
17.26Dealings by committee members and others: administration and administrative receivership
Formal defects
17.27Formal defects
17.28Special rule for winding up by the court and bankruptcy: functions vested in the Secretary of State
CHAPTER 7Winding up by the court following an administration
Continuation of creditors’ committee
17.29Continuation of creditors’ committee
PART 18REPORTING AND REMUNERATION OF OFFICE-HOLDERS
CHAPTER 1Introductory
18.1Scope of Part 18 and interpretation
CHAPTER 2Progress reports
18.2Reporting by the office-holder
Contents of progress reports in administration, winding up and bankruptcy
18.3Contents of progress reports in administration, winding up and bankruptcy
18.4Information about remuneration
18.5Information about pre-administration costs
18.6Progress reports in administration: timing
18.7Progress reports in voluntary winding up: timing
18.8Progress reports in winding up by the court and bankruptcy: timing
18.9Creditors’ and members’ requests for further information in administration, winding up and bankruptcy
18.10Administration, creditors’ voluntary liquidation and compulsory winding up: reporting distribution of property to creditors under rule 14.13
18.11Voluntary winding up: reporting arrangement under section 110
18.12Members’ voluntary winding up: reporting distribution to members other than under section 110
18.13Bankruptcy proceedings: reporting distribution of property to creditors under section 326
CHAPTER 3Final accounts in winding up and final reports in bankruptcy
18.14Contents of final account (winding up) and final report (bankruptcy)
CHAPTER 4Remuneration and expenses in administration, winding up and bankruptcy
18.15Application of Chapter
18.16Remuneration: principles
18.17Remuneration of joint office-holders
18.18Remuneration: procedure for initial determination in an administration
18.19Remuneration: procedure for initial determination in a members’ voluntary winding up
18.20Remuneration: procedure for initial determination in a creditors’ voluntary winding up or a winding up by the court
18.21Remuneration: procedure for initial determination in a bankruptcy
18.22Application of scale fees where creditors fail to fix the basis of the office-holder’s remuneration
18.23Remuneration: application to the court to fix the basis
18.24Remuneration: administrator, liquidator or trustee seeking increase etc.
18.25Application for an increase etc. in remuneration: the general rule
18.26First exception: administrator has made a statement under paragraph 52(1)(b) of Schedule B1
18.27Second exception: administrator who had applied for increase etc. under rule 18.24 becomes liquidator
18.28Remuneration: recourse by administrator, liquidator or trustee to the court
18.29Remuneration: review at request of administrator, liquidator or trustee
18.30Remuneration: exceeding the fee estimate
18.31Remuneration: new administrator, liquidator or trustee
18.32Remuneration: apportionment of set fees
18.33Remuneration: variation of the application of rules 18.29, 18.30 and 18.32
18.34Remuneration and expenses: application to court by a creditor or member on grounds that remuneration or expenses are excessive
Remuneration and expenses: application to court by a bankrupt on grounds that remuneration or expenses are excessive
18.35Remuneration and expenses: application to court by a bankrupt on grounds that remuneration or expenses are excessive
18.36Applications under rules 18.34 and 18.35 where the court has given permission for the application
18.37Applications under rule 18.34 where the court’s permission is not required for the application
18.38Remuneration of a liquidator or trustee who realises assets on behalf of a secured creditor
PART 19Disclaimer in winding up and bankruptcy
19.1Application of this Part
19.2Notice of disclaimer (sections 178 and 315)
19.3Notice of disclaimer to interested persons (sections 178 and 315)
19.4Notice of disclaimer of leasehold property (sections 179 and 317)
19.5Notice of disclaimer in respect of a dwelling house (bankruptcy) (section 318)
19.6Additional notices of disclaimer
19.7Records
19.8Application for permission to disclaim in bankruptcy (section 315(4))
19.9Application by interested party for decision on disclaimer (sections 178(5) and 316)
19.10Disclaimer presumed valid and effective
19.11Application for exercise of court’s powers under section 181 (winding up) or section 320 (bankruptcy)
PART 20Debtors and their families at risk of violence: orders not to disclose current address
20.1Application of this Part and interpretation
20.2Proposed IVA (order for non-disclosure of current address)
20.3IVA (order for non-disclosure of current address)
20.4Debt relief application (order for non-disclosure of current address)
20.5Bankruptcy application (order for non-disclosure of current address)
20.6Bankruptcy and debt relief proceedings (order for non-disclosure of current address)
20.7Additional provisions in respect of orders under rule 20.6(4)
PART 21THE EC REGULATION
21.1Interpretation for this Part
21.2Conversion into winding up proceedings or bankruptcy: application
21.3Conversion into winding up proceedings or bankruptcy: court order
21.4Confirmation of creditors’ voluntary winding up: application
21.5Confirmation of creditors’ voluntary winding up: court order
21.6Confirmation of creditors’ voluntary winding up: notice to member State liquidator
21.7Member State liquidator: duty to give notice
21.8Member State liquidator: rules on creditors’ participation in proceedings
PART 22PERMISSION TO ACT AS DIRECTOR ETC. OF COMPANY WITH A PROHIBITED NAME (SECTION 216)
22.1Preliminary
22.2Application for permission under section 216(3)
22.3Power of court to call for liquidator’s report
22.4First excepted case
22.5Statement as to the effect of the notice under rule 22.4(2)
22.6Second excepted case
22.7Third excepted case
SCHEDULE 1Revocations
SCHEDULE 2Transitional and savings provisions
1General
2Requirement for office-holder to provide information to creditors on opting out
3Electronic communication
4Statements of affairs
5Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence
6Savings in respect of final meetings taking place on or after the commencement date
7Progress reports and statements to the registrar of companies
8Foreign currency
9CVA moratoria
10Priority of expenses of voluntary arrangements
11General powers of liquidator
12Fast-track voluntary arrangements
13First trustee in bankruptcy
14Applications before the court
15Forms
16Registers
17Administrations commenced before 15th September 2003
18Set-off in insolvency proceedings commenced before 1st April 2005
19Calculating the value of future debts in insolvency proceedings commenced before 1st April 2005
20Obligations arising under family proceedings where bankruptcy order is made on or before 31 March 2005
21Insolvency practitioner fee estimates
22Transitional provision for paragraph 83 cases moving before 6th April 2010
SCHEDULE 3Punishment of offences under these Rules
SCHEDULE 4Service of documents
1(1) This Schedule sets out the requirements for service where...
2Service of winding-up petitions
3Service of administration application (paragraph 12 of Schedule B1)
4Service on joint office-holders
5Service of orders staying proceedings
6Certificate of service
Table of requirements for service
SCHEDULE 5Calculation of time periods
SCHEDULE 6Insolvency jurisdiction of county court hearing centres
SCHEDULE 7Information to be provided in the bankruptcy application
PART 1
Debtor’s personal information
1Debtor’s title.
2Debtor’s identification details.
3Any previous name or other names by which the debtor...
PART 2
Additional personal information
4Debtor’s contact telephone number.
5Debtor’s email address (if any).
6Debtor’s date of birth.
7Debtor’s National Insurance number.
8Debtor’s gender.
9Any previous address at which the debtor has resided during...
10Whether the debtor is— (a) single; (b) married;
11All occupants of the debtor’s household and in relation to...
12Any other person dependent on the debtor and in relation...
Occupation and employment details
13Debtor’s occupation (if any).
14Debtor’s employment status.
15Where the debtor is employed— (a) date when the debtor...
16Where the debtor is unemployed— (a) date when the debtor...
17Where the debtor has worked for any previous employers during...
18Where the debtor is, or has been, self-employed other than...
19Where the debtor traded in a partnership at any time...
20Where the debtor is, or has been, a director or...
Creditors
21In respect of each creditor— (a) name and address;
22Where the debtor has an interest in a property, in...
Legal proceedings
23Where the debtor is, or has been in the five...
24Where the debtor is involved in proceedings, other than proceedings...
Assets and liabilities
25Total value of assets.
26Total value of liabilities.
27Debtor’s net monthly income from all sources.
28Debtor’s monthly surplus income calculated by reference to paragraphs 23...
SCHEDULE 8Additional information to be provided in the bankruptcy application
Disposal of assets
1Where in the five years preceding the date on which...
2Where in the five years preceding the date on which...
Financial arrangements with creditors
3Where the debtor has been made bankrupt in the two...
4Where the debtor has entered into a debt relief order...
5Where the debtor has, or has had, an IVA in...
6Where the debtor has, or has had, an arrangement in...
Legal and financial advisers
7Where a solicitor has acted for or on behalf of...
8Where an accountant, book keeper or other financial adviser has...
Business affairs of a self-employed debtor
9Where the debtor traded in a partnership at any time...
10Where the debtor is or has been self-employed (other than...
11Where the debtor is or has been self-employed (including a...
Financial affairs – assets
12The nature and value of each asset belonging to the...
13Where any asset is owned jointly with another person—
14Where any asset is subject to the rights of any...
15Where the debtor holds or has held in the last...
16Where the debtor owns a motor vehicle or has disposed...
17Where the debtor regularly uses a motor vehicle that the...
18Where the debtor owns any property consisting of land or...
19Where the debtor rents or leases a property, in respect...
20Where the debtor has an interest in any other property,...
21Where the debtor resides at a property in which the...
22Where the debtor has or has held within the five...
Financial affairs – income and expenditure
23Debtor’s total annual income from all sources, the sources of...
24Total annual household income from all sources, the sources of...
25Current (or last) income tax reference number.
26Monthly national insurance.
27Mean monthly tax.
28Where the debtor has any current attachment of earnings orders...
29Particulars of the debtor’s mean monthly expenditure which the debtor...
30Particulars of the debtor’s monthly expenditure not otherwise provided under...
Enforcement officers and enforcement agents
31Where an enforcement officer or enforcement agent has visited the...
Cause of insolvency
32Why the debt was incurred.
33Date when the debtor first experienced difficulty in paying some...
34Reasons for the debtor not having enough money to pay...
35Where the debtor has gambled any money through betting or...
SCHEDULE 9Information to be given to creditors
1Title of the debtor.
2Debtor’s identification details.
3Any previous name or other names by which the debtor...
4Any previous address at which the debtor has resided at...
5Name and address for each creditor.
6Amount each creditor claims is due.
7Debtor’s occupation (if any).
8Debtor’s employment status.
9Where the debtor is, or has been, self-employed other than...
10Total value of assets.
11Total value of liabilities.
12Where in the five years preceding the date of the...
13Where any asset is owned jointly with another person, the...
14Where any asset is subject to the rights of any...
15Where the debtor owns a motor vehicle or has disposed...
16Where the debtor regularly uses a motor vehicle that the...
17Where the debtor owns or has an interest in any...
18Where the debtor holds or has held within the five...
19Debtor’s net monthly income from all sources.
20Debtor’s monthly surplus income after taking into account any contribution...
21Current (or last) income tax reference number.
22In relation to each creditor— (a) name and address;
SCHEDULE 10Destination of appeals from decisions of District Judges in corporate insolvency matters
SCHEDULE 11Determination of insolvency office-holder’s remuneration

2016 No. 1024

Insolvency, England And WalesCompaniesIndividuals

The Insolvency (England and Wales) Rules 2016

Made

Laid before Parliament

Coming into force

The Lord Chancellor has consulted the committee existing for the purposes of section 413 of the Insolvency Act 19861 (“the Act”).

The Lord Chancellor makes the following Rules in exercise of the powers conferred by sections 411 and 4122 of the Act, with the concurrence of the Chancellor of the High Court (by authority of the Lord Chief Justice under sections 411(7) and 412(6) of the Act) in relation to those rules which affect court procedure, and with the concurrence of the Secretary of State.