The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018

Debts depending on contingencyS

This section has no associated Explanatory Memorandum

3.112.—(1) Subject to paragraph (2), the amount which a creditor is entitled to claim is not to include a debt in so far as its existence or amount depends on a contingency.

(2) On an application by the creditor—

(a)to the administrator; or

(b)if there is no administrator, to the court,

the administrator or court must put a value on the debt in so far as it is contingent.

(3) Where under paragraph (2) a value is put on the debt—

(a)the amount in respect of which the creditor is then entitled to claim is to be that value but no more;

(b)where the contingent debt is an annuity, a cautioner may not then be sued for more than that value.

(4) Any interested person may appeal to the court against a valuation under paragraph (2) by the administrator, and the court may affirm or vary that valuation.