insolvency rules 1986 table of destinations

Guide to the destination of the Insolvency Rules 1986 (SI 1986/1925) in the Insolvency Rules

(England and Wales) 2016 (SI 2016/1024)

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This table indicates the destination of provisions in the 1986 Rules. The 2016 Rules broadly derive

from the 1986 Rules. However there is rarely an exact match as the structure of the 2016 Rules is

different, the language has been modernised and there have been significant changes, in particular as a

result of amendments to the primary legislation made by the Enterprise and Regulatory Reform Act

2013, the Deregulation Act 2015, and the Small Business, Enterprise and Employment Act 2015.

Furthermore the information requirements previously contained in forms have now been imported

into the relevant rule as specified content. Finally the new Rules try to avoid copying out of the

primary legislation. Instead they contain many references to the Insolvency Act 1986 to enable the

user to connect individual rules with the relevant provisions of the Act that the Rules supplement.

1986 Rule heading 1986 rule 2016 rule

Citation and commencement. 0.1 1

Construction and interpretation. 0.2 2

Extent. 0.3 3

THE FIRST GROUP OF PARTS

PART 1 COMPANY VOLUNTARY ARRANGEMENTS

CHAPTER 1 PRELIMINARY

Scope of this Part; interpretation. 1.1

CHAPTER 2 PROPOSAL BY DIRECTORS

Preparation of proposal. 1.2

Contents of proposal. 1.3 2.2, 2.3

Notice to intended nominee. 1.4

Statement of affairs. 1.5 2.6

Additional disclosure for assistance of nominee. 1.6 2.8

Nominee's report on the proposal. 1.7 2.9

Replacement of nominee. 1.8 2.10

Summoning of meetings under s. 3. 1.9 2.25 to 2.28

CHAPTER 3 PROPOSAL BY ADMINISTRATOR OR LIQUIDATOR (HIMSELF THE NOMINEE)

Preparation of proposal. 1.10 2.3, 2.5

Summoning of meetings under s. 3. 1.11 2.25 to 2.29, 2.31

CHAPTER 4 PROPOSAL BY ADMINISTRATOR OR

LIQUIDATOR (ANOTHER INSOLVENCY PRACTITIONER

THE NOMINEE)

Preparation of proposal and notice to nominee. 1.12 2.3

CHAPTER 5 PROCEEDINGS ON A PROPOSAL MADE BY THE DIRECTORS, OR BY THE

ADMINISTRATOR, OR BY THE LIQUIDATOR

SECTION A: MEETINGS OF COMPANY'S CREDITORS AND MEMBERS

Summoning of meetings. 1.13 2.29, 15.8, 15.29

The chairman at meetings. 1.14 15.21

The chairman as proxy-holder. 1.15 16.5

Attendance by company officers. 1.16 2.30, 15.14

SECTION B: VOTING RIGHTS AND MAJORITIES

Voting rights (creditors). 1.17 15.7, 15.29

Procedure for admission of creditors' claims for voting purposes 1.17A 15.33

Voting rights (members). 1.18 2.35

Requisite majorities (creditors). 1.19 15.31

Requisite majorities (members). 1.20 2.36

Proceedings to obtain agreement on the proposal.. 1.21 Part 15

SECTION C: IMPLEMENTATION OF THE ARRANGEMENT



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Resolutions to follow approval. 1.22 2.33

Notice of order made under section 4A(6) 1.22A 2.37

Hand-over of property etc. to supervisor. 1.23 2.39

Report of meetings. 1.24 2.38

Revocation or suspension of the arrangement. 1.25 2.40

Supervisor's accounts and reports. 1.26A 2.41

Production of accounts and records to Secretary of State. 1.27 2.42

Fees, costs, charges and expenses. 1.28 2.43

Completion of the arrangement. 1.29 2.44

EC REGULATION--CONVERSION OF VOLUNTARY ARRANGEMENT INTO WINDING UP

Application for conversion into winding up 1.31 21.2

rule 1 32 Contents of witness statement 1.32 21.2

rule 1 33 Power of court 1.33 21.3

EC REGULATION--MEMBER STATE LIQUIDATOR

rule 1 34 Interpretation of creditor and notice to member State

liquidator

1.34 21.7, 21.8

OBTAINING A MORATORIUM PROCEEDINGS DURING A MORATORIUM

NOMINEES CONSIDERATION OF PROPOSALS WHERE MORATORIUM OBTAINED

SECTION A: OBTAINING A MORATORIUM

Preparation of proposal by directors and submission to nominee 1.35

Delivery of documents to the intended nominee etc 1.36

Statement of affairs 1.37 2.11

The nominee's statement 1.38 2.13

Documents submitted to the court to obtain moratorium 1.39 2.14

Notice and advertisement of beginning of a moratorium 1.40 2.15

Notice of extension of moratorium 1.41 2.16, 2.17

Notice and advertisement of end of moratorium 1.42 2.18, 2.19

SECTION B: PROCEEDINGS DURING A MORATORIUM

Disposal of charged property etc during a moratorium 1.43 2.18, 2.19

SECTION C: NOMINEES

Withdrawal of nominee's consent to act 1.44 2.20

Replacement of nominee by the court 1.45 2.22

Notification of appointment of a replacement nominee 1.46 2.23

Applications to court under paragraphs 26 or 27 of Schedule A1 to

the Act

1.47 2.24

SECTION D: CONSIDERATION OF PROPOSALS WHERE MORATORIUM OBTAINED

Summoning of meetings; procedure at meetings etc 1.48 2.25 to 2.28, 2.30,

Part 15

Entitlement to vote (creditors) 1.49 15.28

Procedure for admission of creditors' claims for voting purposes 1.50 15.33

Voting rights (members) 1.51 2.35

Requisite majorities (creditors) 1.52 15.31

Requisite majorities (members) and proceedings to obtain

agreement

1.53 2.36, 15.21, 15.25

Implementation of the arrangement 1.54 2.39

TIME RECORDING INFORMATION

Provision by nominee or supervisor of information about time

spent

1.55 2.45

OMISSION OF INFORMATION FROM STATEMENT OF AFFAIRS.



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Omission of Information from Statement of Affairs 1.56 2.7, 2.12

PART 2 ADMINISTRATION PROCEDURE

CHAPTER 1 APPLICATION FOR, AND MAKING OF, THE ORDER

Introductory and interpretation 2.1 N/A

CHAPTER 2 APPOINTMENT OF ADMINISTRATOR BY COURT

Witness statement in support of administration application 2.2 3.6

Form of application 2.3 3.3, 3.4, 3.5

Contents of application and witness statement in support 2.4 3.6

Filing of application 2.5 3.7, 3.10

Service of application 2.6 3.7, Sch 4 para 3

Notice to officers charged with execution of writs or other process,

etc

2.7 3.9

Manner in which service to be effected 2.8 Sch 4

Proof of service 2.9 Sch 4 para 6

Application to appoint specified person as administrator by holder

of qualifying floating charge

2.10 3.11

Application where company in liquidation 2.11 3.5

The hearing 2.12 3.11

Contents of court order 2.13 3.13, 3.14

Notice of administration order 2.14 3.15

CHAPTER 3 APPOINTMENT OF ADMINISTRATOR BY HOLDER OF FLOATING CHARGE

Notice of intention to appoint 2.15 3.16

Notice of appointment 2.16 3.17

Filing notice with court 2.17 3.18

Appointment by floating charge holder 2.18 3.19

Appointment taking place out of court business hours 2.19 3.20, 3.21, 3.22

CHAPTER 4 APPOINTMENT OF ADMINISTRATOR BY COMPANY OR DIRECTORS


Statutory declaration 2.21 3.23


Notice of appointment 2.23 3.24

Statutory declaration 2.24 3.24

Accompanying documents 2.25 3.25

2.26 3.27

CHAPTER 5 PROCESS OF ADMINISTRATION

Notification and advertisement of administrator's appointment 2.27 3.29

Notice requiring statement of affairs 2.28 3.27

Verification and filing 2.29 3.30, 3.31, 3.32

Limited disclosure 2.30 3.44, 3.45, 3.47

Release from duty to submit statement of affairs; extension of time 2.31 3.33, 3.37

Expenses of statement of affairs 2.32 3.34

Administrator's proposals 2.33 3.35, 3.36

Limited disclosure of para 49 statement 15 2.33A 3.45

CHAPTER 6 MEETINGS AND REPORTS

SECTION A: CREDITORS’ MEETINGS

Meetings to consider administrator's proposals 2.34 3.38, 15.7, 15.12,

15.13



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Creditors' meetings generally 2.35 15.8, 15.9, 15.10,

15.23, 15.24, 15.25

The chairman at meetings 2.36 15.21, 16.5

Meeting requisitioned by creditors 2.37 15.18, 15.19

Notice of meetings by advertisement only 2.37A 15.12

Entitlement to vote 2.38 15.28, 15.31, 15.34

Admission and rejection of claims 2.39 15.33, 15.35

Secured creditors 2.40 15.31

Holders of negotiable instruments 2.41 N/A

Hire-purchase, conditional sale and chattel leasing agreements 2.42 15.32

Resolutions 2.43 15.34

Minutes 2.44A 15.40

Revision of the administrator's proposals 2.45 3.42

Notice to creditors 2.46 3.43

Reports to creditors 2.47 18.6 – 18.10

Correspondence instead of creditors' meetings 2.48 N/A

Creditors' request for further information 2.48A 18.9

SECTION B: COMPANY MEETINGS

Venue and conduct of company meeting 2.49 15.21, 15.25, 15.40,

15.41,

CHAPTER 7 THE CREDITORS' COMMITTEE

Constitution of committee 2.50 17.3, 17.4

Formalities of establishment 2.51 17.5

Functions and meetings of the committee 2.52 17.2, 17.14

The chairman at meetings 2.53 17.15

Quorum 2.54 17.16

Committee-members' representatives 2.55 17.17

Resignation 2.56 17.10

Termination of membership 2.57 17.11

Removal 2.58 17.12

Vacancies 2.59 17.8

Procedure at meetings 2.60 17.18

Resolutions of creditors' committee otherwise than at a meeting 2.61 17.19

Information from administrator 2.62 17.22

Expenses of members 2.63 17.24

Members' dealing with the company 2.64 17.25

Formal defects 2.65 17.27

CHAPTER 8 DISPOSAL OF CHARGED PROPERTY

2.66 3.49

CHAPTER 9 EXPENSES OF THE ADMINISTRATION

2.67 3.51

Pre-administration costs 2.67A 3.52

CHAPTER 10 DISTRIBUTIONS TO CREDITORS

SECTION A: APPLICATION OF CHAPTER AND GENERAL

2.68 14.28, 14.27, 14.38

Debts of insolvent company to rank equally 2.69 14.12

Supplementary provisions as to dividend 2.70 14.39

Division of unsold assets 2.71 14.13



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SECTION B: MACHINERY OF PROVING A DEBT

Proving a debt 2.72 14.3, 14.4

Costs of proving 2.74 14.5

Administrator to allow inspection of proofs 2.75 14.6

New administrator appointed 2.76 3.70

Admission and rejection of proofs for dividend 2.77 14.7

Appeal against decision on proof 2.78 14.8, 14.9

Withdrawal or variation of proof 2.79 14.10

Expunging of proof by the court 2.80 14.11

SECTION C: QUANTIFICATION OF CLAIMS

Estimate of quantum 2.81 14.14

Negotiable instruments, etc 2.82 N/A


Discounts 2.84 14.20

Mutual credits and set-off 2.85 14.24

Debt in foreign currency 2.86 14.21

Payments of a periodical nature 2.87 14.22

Interest 2.88 14.23

Debt payable at future time 2.89 14.44

Value of security 2.90 14.15

Surrender for non-disclosure 2.91 14.16

Redemption by administrator 2.92 14.17

Test of security's value 2.93 14.18

Realisation of security by creditor 2.94 14.19

Notice of proposed distribution 2.95 14.26, 14.28, 14.29,

14.30

Admission or rejection of proofs 2.96 14.32

Postponement or cancellation of dividend 2.96A 14.33

Declaration of dividend 2.97 14.34

Notice of declaration of a dividend 2.98 14.35

Payments of dividends and related matters 2.99 14.35

Notice of no dividend, or no further dividend 2.100 14.37

Proof altered after payment of dividend 2.101 14.40

rule 2102 Secured creditors 2.102 14.41

Disqualification from dividend 2.103 14.42

Assignment of right to dividend 2.104 14.43


CHAPTER 11 THE ADMINISTRATOR

Fixing of remuneration 2.106 , 18.16, 18.17, 18.18,

18.23

Recourse to meeting of creditors 2.107 18.24, 18.25

Recourse to the court 2.108 18.24 to 18.29

Creditors' claim that remuneration is or other expenses are

excessive

2.109 18.34, 18.36, 18.37

Review of remuneration 2.109A 18.29

Remuneration of new administrator 2.109B 18.31

Apportionment of set fee remuneration 2.109C 18.32

CHAPTER 12 ENDING ADMINISTRATION



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Final progress reports 2.110 3.56, 18.3

Notice of automatic end of administration 2.111 3.55

Applications for extension of administration 2.112 3.54

Notice of end of administration 2.113 3.56

Application to court by administrator 2.114 3.57

Application to court by creditor 2.115 3.58

Notification by administrator of court order 2.116 3.59

Moving from administration to creditors' voluntary liquidation 2.117A 3.60

Moving from administration to dissolution 2.118 3.61

CHAPTER 13 REPLACING ADMINISTRATOR

Grounds for resignation 2.119 3.62

Notice of intention to resign 2.120 3.63

Notice of resignation 2.121 3.64

Application to court to remove administrator from office 2.122 3.65

Notice of vacation of office when administrator ceases to be

qualified to act

2.123 3.66

Administrator deceased 2.124 3.67

Application to replace 2.125 3.68

Notification and advertisement of appointment of replacement

administrator

2.126 3.69

Notification and advertisement of appointment of joint

administrator

2.127 3.69

2.128 3.69

Administrator's duties on vacating office 2.129 3.70

CHAPTER 14 EC REGULATION: CONVERSION OF ADMINISTRATION INTO WINDING UP

Application for conversion into winding up 2.130 21.2

Contents of witness statement 2.131 21.2

Power of court 2.132 21.3

CHAPTER 15 EC REGULATION: MEMBER STATE LIQUIDATOR

Interpretation of creditor and notice to member State liquidator 2.133 21.8

PART 3 ADMINISTRATIVE RECEIVERSHIP

CHAPTER 1 APPOINTMENT OF ADMINISTRATIVE RECEIVER

Acceptance of appointment. 3.1 4.1

Notice and advertisement of appointment.. 3.2 4.5

CHAPTER 2 STATEMENT OF AFFAIRS AND REPORT TO CREDITORS

Notice requiring statement of affairs. 3.3 4.6

Verification and filing. 3.4 4.7, 4.8, 4.9

Limited disclosure. 3.5 4.12

Release from duty to submit statement of affairs; extension of

time.

3.6 4.10

Expenses of statement of affairs. 3.7 4.11

Report to creditors.. 3.8 4.13, 4.14

CHAPTER 3 CREDITORS' MEETING

Procedure for summoning meeting under s.48(2) 3.9 15.8, 15.9, 15.10

The chairman at the meeting 3.10 15.21

Voting rights 3.11 15.8, 15.28

Contents of claim 3.11A 1.2



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Admission and rejection of claim 3.12 15.31, 15.33

Adjournment 3.14 15.23

Resolutions and minutes 3.15 15.34, 15.40


Constitution of committee 3.16 17.3, 17.4


Functions and meetings of the committee 3.18 17.14


Quorum 3.20 17.16




Removal 3.24 17.12

Vacancies 3.25 17.8

Procedure at meetings 3.26 17.18

Resolutions by post 3.27 17.19

Information from receiver 3.28 17.22

Expenses of members 3.29 17.24

Members' dealings with the company 3.30 17.26

Formal defects 3.30A 17.27

CHAPTER 5 THE ADMINISTRATIVE RECEIVER (MISCELLANEOUS)

Disposal of charged property 3.31 4.16

Abstract of receipts and payments 3.32 4.17


Receiver deceased 3.34 4.19

Vacation of office 3.35 4.20, 4.21

CHAPTER 7 SECTION 176A THE REVISED PART

Report for creditors 3.39 4.22, 4.23

Receiver to deal with prescribed part 3.40 4.24

PART 4 COMPANIES WINDING UP

CHAPTER 1 THE SCHEME OF THIS PART OF THE RULES

Voluntary winding up; winding up by the court 4.1 6.1

Winding up by the court: the various forms of petition 4.2

Time-limits 4.3

CHAPTER 2 THE STATUTORY DEMAND (NO CVL APPLICATION)

Preliminary 4.4 7.2

Form and content of statutory demand 4.5 7.3

Information to be given in statutory demand 4.6 7.3

CHAPTER 3 PETITION TO WINDING-UP ORDER (NO CVL APPLICATION) (NO APPLICATION

TO PETITION BY CONTRIBUTORIES)

Injunction to restrain presentation or advertisement of petition 4.6A 7.24

Presentation and filing of petition 4.7 7.7

Service of petition 4.8 Sch 4 para 2

Proof of service 4.9A Sch 4 para 6

Other persons to receive copies of petition 4.10 7.9

Advertisement of petition 4.11 7.10



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Verification of petition 4.12 7.6

Persons entitled to copy of petition 4.13 7.11

Certificate of compliance 4.14 7.12

Leave for petitioner to withdraw 4.15 7.13

Notice of appearance 4.16 7.14

List of appearances 4.17 7.15

Affidavit in opposition 4.18 7.16

Adjournment 4.18A 7.19

Substitution of creditor or contributory for petitioner 4.19 7.17

Notice and settling of winding-up order 4.20 7.21

Transmission and advertisement of order 4.21 7.22

Expenses of voluntary arrangement 4.21A N/A

Petition dismissed 4.21B 7.23

CHAPTER 4 PETITION BY CONTRIBUTORIES (NO CVL APPLICATION)

Presentation and service of petition. 4.22 7.29, Sch 4 para 2

Return of petition. 4.23 7.31

Application of Rules in Chapter 3.. 4.24 N/A

CHAPTER 5 PROVISIONAL LIQUIDATOR (NO CVL APPLICATION)

Appointment of provisional liquidator 4.25 7.33

Notice of appointment 4.25A 7.36

Order of appointment 4.26 7.35

Deposit 4.27 7.34

Security 4.28 7.37

Failure to give or keep up security 4.29 7.37

Remuneration 4.30 7.38, 18.16, 18.20

Termination of appointment 4.31 7.39

CHAPTER 6 STATEMENT OF AFFAIRS AND OTHER INFORMATION

Notice requiring statement of affairs 4.32 7.40

Verification and filing 4.33 7.41

Statement of affairs 4.34 6.2, 6.3, 6.4, 6.5

Copy statement of affairs 4.34A N/A

Limited disclosure 4.35 6.6, 7.43

Release from duty to submit statement of affairs; extension of time 4.36 7.44


Expenses of statement of affairs 4.38 6.7,

Submission of accounts 4.39 7.46

Submission of accounts 4.40 6.8

Expenses of preparing accounts 4.41 6.9

Further disclosure. 4.42 7.47

CHAPTER 7 INFORMATION TO CREDITORS AND CONTRIBUTORIES

Reports by official receiver 4.43 7.48

Meaning of “creditors” 4.44 1.37

Report where statement of affairs lodged 4.45 7.48

Statement of affairs dispensed with 4.46 7.48

General rule as to reporting 4.47 7.48

Winding up stayed 4.48 7.51, 7.52

Information to creditors and contributories 4.49 6.15

Further information where liquidation follows administration 4.49A 6.16, 7.50



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Reports to creditors and members — winding up by the court 4.49B 18.3, 18.8

CVL Progress reports — voluntary winding up 4.49C 18.3, 18.7

Final report to creditors 4.49D 18.14

Creditors’ and members’ request for further information 4.49E 18.9

Arrangements under s 110 (acceptance of shares, etc, as

consideration

4.49F 18.11

Other distributions to members in specie 4.49G 18.12

CHAPTER 8 MEETINGS OF CREDITORS AND CONTRIBUTORIES

SECTION A: RULES OF GENERAL APPLICATION

First meetings 4.50 7.52, 15.8, 15.11

First meeting of creditors 4.51 15.8

Business at first meetings in the liquidation 4.52 15.9

Business at meeting under s. 95 or 98 4.53 N/A

Effect of adjournment on company meeting 4.53A N/A

Report by director, etc. 4.53B 6.17

Additional contents of notices gazetted or advertised under s. 95 4.53C 15.8

Additional contents of notices gazetted or advertised under s. 98 4.53D 15.8

General power to call meetings 4.54 1.51, 15.3, 15.6

The chairman at meetings 4.55 15.21, 15.22

The chairman at meeting 4.56 15.21, 15.22

Requisitioned meetings 4.57 15.18, 15.19

Attendance at meetings of company’s personnel 4.58 15.14, 15.22

Notice of meetings by advertisement only 4.59 15.12

Venue 4.60 15.10

Expenses of summoning meetings 4.61 15.19

Expenses of meeting under s. 98 4.62 N/A

Resolutions 4.63 6.18, 15.34, 15.39

Resolutions by correspondence 4.63A 15.3

Chairman of meeting as proxy-holder 4.64 16.5

Suspension and adjournment 4.65 15.23, 15.25, 15.26

Entitlement to vote (creditors) 4.67 15.28

Chairman’s discretion to allow vote 4.68 15.28

Entitlement to vote (contributories) 4.69 15.39

Admission and rejection of proof (creditors’ meeting) 4.70 15.33

Record of proceedings 4.71 15.40

SECTION B: WINDING UP OF RECOGNISED BANKS, ETC

Additional provisions as regards certain meetings… 4.72 5.3, 15.17

CHAPTER 9 PROOF OF DEBTS IN A LIQUIDATION

SECTION A: PROCEDURE FOR PROVING

Meaning of “prove” 4.73 1.2, 14.3

Supply of forms 4.74 N/A

Contents of proof 4.75 14.4

Particulars of creditor’s claim 4.76 N/A

Cost of proving 4.78 14.5

Liquidator to allow inspection of proofs 4.79 14.6

Transmission of proofs to liquidator 4.80 7.60

New liquidator appointed 4.81 7.73




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SECTION B: QUANTIFICATION OF CLAIM

Estimate of quantum 4.86 14.14




Mutual credit and set-off 4.90 14.25



Interest 4.93 14.23


CHAPTER 10 SECURED CREDITORS



Redemption by liquidator 4.97 14.17

Test of security’s value 4.98 14.18


CHAPTER 11 THE LIQUIDATOR

SECTION A: APPOINTMENT AND ASSOCIATED FORMALITIES

Appointment by creditors or contributories 4.100 7.53

Appointment by creditors or by the company 4.101 6.20

Power to fill vacancy in office of liquidator 4.101A 6.21

Official Receiver not to be appointed liquidator 4.101B N/A

Appointment by the court 4.102 7.56


Appointment by Secretary of State 4.104 7.57

Authentication of liquidator’s appointment 4.105 N/A

Appointment to be gazetted and registered 4.106A 7.59

Hand-over of assets to liquidator.. 4.107 7.60

SECTION B: RESIGNATION AND REMOVAL; VACATION OF OFFICE

Creditors’ meeting to receive liquidator’s resignation. 4.108 6.25, 7.61

Resignation (application under Rule 4.131) 4.108A N/A

Action following acceptance of resignation 4.109 N/A

Action following acceptance of resignation 4.110 N/A

Leave to resign granted by the court 4.111 N/A

Advertisement of resignation 4.112 N/A

Meeting of creditors to remove liquidator 4.113 7.63

Meeting of creditors to remove liquidator 4.114 15.7(3)

Court’s power to regulate meetings under Rules 4.113, 4.114-CVL 4.115 N/A

Procedure on removal 4.116 7.64


Advertisement of removal 4.118 N/A

Removal of liquidator by the court 4.119 7.65


Release of resigning or removed liquidator 4.121 7.69




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Removal of liquidator by Secretary of State 4.123 7.66

SECTION C: RELEASE ON COMPLETION OF ADMINISTRATION

Release of official receiver. 4.124 7.70

Final meeting 4.125 7.69, 7.71, 18.14

Rule as to reporting 4.125A 7.72

Final meeting 4.126 6.28. 18.14

Final meeting 4.126A 5.9, 5.10, 18.14

SECTION D: REMUNERATION

Fixing of remuneration 4.127 18.16, 18.19, 18.20

Liquidator’s entitlement to remuneration where it is not fixed

under

Rule 4.127

4.127A 18.22

Liquidator’s remuneration where he realises assets on behalf of

chargeholder

4.127B 18.38

Other matters affecting remuneration. 4.128 18.17

Recourse of liquidator to meeting of creditors 4.129A 18.24

Recourse to the court. 4.130 18.23

Creditors’ claim that remuneration is excessive 4.131 18.28, 18.34

Review of remuneration 4.131A 18.29

Remuneration of new liquidator 4.131B 18.31


SECTION E: SUPPLEMENTARY PROVISIONS

Liquidator deceased 4.132 7.67

Liquidator deceased 4.133 6.29

Loss of qualification as insolvency practitioner 4.134 7.68


Vacation of office on making of winding-up order 4.136 6.31

Notice to official receiver of intention to vacate office 4.137 7.62

Liquidator’s duties on vacating office 4.138 6.32, 7.73

SECTION F: THE LIQUIDATOR IN A MEMBERS’ VOLUNTARY WINDING UP

Appointment by the company 4.139 5.2


Authentication of liquidator’s appointment 4.141 N/A

Company meeting to receive liquidator’s resignation 4.142 5.6, 5.8



Liquidator deceased 4.145 5.11,


Vacation of office on making of winding-up order 4.147 5.14

Liquidator’s duties on vacating office 4.148 5.13

Remuneration of liquidator in members’ voluntary winding up 4.148A 18.16, 18.19

Members’ claim that remuneration is excessive 4.148C 18.34

Remuneration of new liquidator 4.148D 18.31

Apportionment of fixed fee remuneration. 4.148E 18.32

SECTION G: RULES APPLYING IN EVERY WINDING UP, WHETHER VOLUNTARY OR BY

THE COURT

Power of court to set aside certain transactions 4.149 5.15, 6.34, 7.74



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Rule against solicitation 4.150 5.16, 6.35, 7.75

CHAPTER 12 THE LIQUIDATION COMMITTEE

Preliminary 4.151 N/A

Membership of committee 4.152 17.3


Committee established by contributories 4.154 17.6

Obligations of liquidator to committee 4.155 17.21

Meetings of the committee 4.156 17.12


Quorum 4.158 17.14

Committee-members’ representatives 4.159 17.15



Removal 4.162 17.10

Vacancy (creditor members) 4.163 17.8

Vacancy (contributory members) 4.164 17.9

Voting rights and resolutions 4.165 17.18



Liquidator’s reports 4.168 17.21

Expenses of members, etc 4.169 17.24

Dealings by committee-members and others 4.170 17.25

Composition of committee when creditors paid in full. 4.171A 17.13

Committee’s functions vested in Secretary of State.. 4.172 17.28

Formal defects 4.172A 17.27

CHAPTER 13 THE LIQUIDATION COMMITTEE WHERE WINDING UP FOLLOWS

IMMEDIATELY ON ADMINISTRATION (NO CVL APPLICATION)

Preliminary 4.173 17.29

Continuation of creditors’ committee 4.174A 17.29

Liquidator’s certificate 4.176 17.29

Obligations of liquidator to committee 4.177 17.23

Application of Chapter 12 4.178 17.29

CHAPTER 14 COLLECTION AND DISTRIBUTION OF COMPANY’S ASSETS BY LIQUIDATOR

General duties of liquidator 4.179 7.76

Manner of distributing assets 4.180 14.27

Debts of insolvent company to rank equally 4.181 14.12

Supplementary provisions as to dividend 4.182 14.39, 14.40, 14.45

Distribution in members’ voluntary winding up 4.182A 14.28

Division of unsold assets 4.183 14.13

General powers of liquidator 4.184 6.36, 7.77

Enforced delivery up of company’s property 4.185 7.78

Final distribution 4.186 14.36, 14.37, 14.38

CHAPTER 15 DISCLAIMER

Liquidator’s notice of disclaimer 4.187 19.1, 19.2

Communication of disclaimer to persons interested 4.188 19.3, 19.4

Additional notices 4.189 19.6

Records 4.190A 19.7

Application to interested party under s 178(5) 4.191A 19.9



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Interest in property to be declared on request 4.192 N/A

Disclaimer presumed valid and effective 4.193 19.10

Application for exercise of court’s powers under s. 181 4.194 19.11

CHAPTER 16 SETTLEMENT OF LIST OF CONTRIBUTORIES (NO CVL APPLICATION)


Duty of liquidator to settle list 4.196 7.79, 7.80

Form of list 4.197 7.81

Procedure for settling list 4.198 7.82

Application to court for variation of the list 4.199 7.83

Variation of, or addition to, the list 4.200 7.84

Costs not to fall on official receiver 4.201 7.85

CHAPTER 17 CALLS (NO CVL APPLICATION)

Calls by liquidator 4.202 7.86

Control by liquidation committee 4.203 7.87

Application to court for leave to make a call 4.204 7.88, 7.99

Making and enforcement of the call 4.205 7.90, 7.91

CHAPTER 18 SPECIAL MANAGER

Appointment and remuneration 4.206 5.17, 6.37, 7.93

Security 4.207 5.18, 6.38, 7.94

Failure to give or keep up security 4.208 5.19, 6.39, 7.95

Accounting 4.209 5.20, 6.40, 7.96

Termination of appointment 4.210 5.21, 6.41, 7.97

CHAPTER 19 PUBLIC EXAMINATION OF COMPANY OFFICERS AND OTHERS

Order for public examination 4.211 7.98, 7.102

Notice of hearing 4.212 7.103

Order on request by creditors or contributories 4.213 7.99, 7.100. 7.101

Witness unfit for examination 4.214 7.104

Procedure at hearing 4.215 7.105


Expenses of examination 4.217 7.107

CHAPTER 20 ORDER OF PAYMENT OF COSTS, ETC., OUT OF ASSETS

General rule as to priority. 4.218 6.42, 7.108

Litigation expenses and property subject to a floating charge —

general provisions

4.218A 6.44, 7.111, 7.112


requirement for approval or authorisation

4.218B 6.45, 7.113


request for approval or authorisation

4.218C 6.46, 7.114


grant of approval or authorisation.

4.218D 6.47, 7.115

Litigation expenses and property subject to a floating charge –

application to court by the liquidator

4.218E 6.48, 7.116

Winding up commencing as voluntary 4.219 7.109

Saving for powers of the court 4.220 6.43, 7.110

CHAPTER 21 MISCELLANEOUS RULES

SECTION A: RETURN OF CAPITAL (NO CVL APPLICATION)

Application to court for order authorising return 4.221 7.117

Procedure for return 4.222 7.118



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SECTION C: DISSOLUTION AFTER WINDING UP

Secretary of State’s directions under ss.203, 205 4.224 7.119

Procedure following appeal under s.203(4) or 205(4) 4.225 7.119

CHAPTER 22 LEAVE TO ACT AS DIRECTOR, ETC., OF COMPANY WITH PROHIBITED NAME

(SECTION 216 OF THE ACT)


Application for leave under s.216(3) 4.227A 22.3

First excepted case 4.228 22.4, 22.5

Second excepted case 4.229 22.6

Third excepted case 4.230 22.7

CHAPTER 23 EC REGULATION – MEMBER STATE LIQUIDATOR

Interpretation of creditor and notice to member State liquidator 4.231 21.9, 21.10

THE SECOND GROUP OF PARTS

PART 5 INDIVIDUAL VOLUNTARY ARRANGEMENTS

Introductory 5.1 N/A

PREPARATION OF THE DEBTOR’S PROPOSAL

Preparation of proposal 5.2 N/A

Contents of proposal 5.3 8.3

Notice to the intended nominee 5.4 8.4

Statement of Affairs 5.5 8.5

Additional disclosure for assistance of nominee 5.6 8.7

CASES IN WHICH AN APPLICATION FOR AN INTERIM ORDER IS MADE

Application for interim order 5.7 8.8

Court in which application to be made 5.8 8.9

Hearing of the application 5.9 8.11

Action to follow making of order 5.10 8.13

Nominee’s report on the proposal 5.11 8.15

Replacement of nominee 5.12 8.17

Consideration of nominee’s report 5.13 8.18

CASES WHERE NO INTERIM ORDER IS TO BE OBTAINED

Nominee’s report 5.14A 8.19

Applications to the court 5.14B 8.20, 8.21

CREDITORS’ MEETINGS

Summoning of creditors’ meeting 5.17 8.22, 15.7, 15.8

Creditors’ meeting: supplementary 5.18 15.10

The chairman at the meeting 5.19 15.21

The chairman as proxy-holder 5.20 15.15, 16.7

Entitlement to vote 5.21 15.28, 15.31

Procedure for admission of creditors’ claims for voting purposes 5.22 15.31, 15.33

Requisite majorities 5.23 15.34

Proceedings to obtain agreement on the proposal 5.24 15.23

IMPLEMENTATION OF THE ARRANGEMENT

Resolutions to follow approval 5.25 8.23

Hand-over of property, etc to supervisor 5.26 8.25

Report of creditors’ meeting 5.27 8.24

Reports to Secretary of State 5.29 8.26

Revocation or suspension of the arrangement 5.30 8.27

Supervisor’s accounts and reports 5.31A 8.28



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Production of accounts and records to Secretary of State 5.32 8.29

Fees, costs, charges and expenses 5.33 8.30

Completion or termination of the arrangement 5.34 8.31

FAST-TRACK VOLUNTARY ARRANGEMENT

Application of Chapter 5.35 N/A

Interpretation 5.36 N/A

Contents of proposal 5.37 N/A

Requirement for the official receiver’s decision 5.38 N/A

Arrangements for approval of fast-track voluntary arrangement 5.39 N/A

Approval by creditors 5.40 N/A

Entitlement to vote 5.41 N/A

Procedure for admission of creditors’ claims for voting purposes 5.42 N/A

Requisite majorities 5.43 N/A

Notification to the court 5.44 N/A

Notice of appointment as supervisor etc 5.45 N/A

Revocation of the fast-track voluntary arrangement 5.46 N/A

Supervisor’s accounts and reports 5.47 N/A

Supervisor’s accounts and reports 5.47A N/A

Fees, costs and expenses in respect of the performance of the

functions of the official receiver

5.48 N/A

Employment of agents by the supervisor 5.49 N/A

Completion or termination of the fast-track voluntary arrangement 5.50 N/A

APPLICATION BY A BANKRUPT TO ANNUL A BANKRUPTCY ORDER UNDER SECTION

261(2)(a)

Application of this Chapter 5.51 8.32

Application to court 5.52 8.32


APPLICATION BY OFFICIAL RECEIVER TO ANNUL A BANKRUPTCY ORDER UNDER

SECTION 261(2)(b)

Application of this Chapter 5.54 8.33

Application to court 5.55 8.33


APPLICATION BY OFFICIAL RECEIVER TO ANNULA BANKRUPTCY ORDER UNDER

SECTION 263D(3)

Application of this Chapter 5.57 N/A

Application to court 5.58 N/A

Notice to creditors 5.59 N/A

OTHER MATTERS ARISING ON ANNULMENTS UNDER SECTIONS 261(2)(a), 261(2)(b) OR

263D(3)

5.60 8.36

Trustee’s final account 5.61 8.37

EC REGULATION: CONVERSION OF VOLUNTARY ARRANGEMENT INTO BANKRUPTCY

Application for conversion of voluntary arrangement into

bankruptcy

5.62 21.2

Contents of witness statement 5.63 21.2

Power of court 5.64 21.3

Notices to be given to member State liquidator 5.65 21.7

INFORMATION ABOUT TIME SPENT ON A CASE TO BE PROVIDED BY PERSON ACTING

Provision of information 5.66 8.38



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PERSONS AT RISK OF VIOLENCE

Persons at risk of violence 5.67 20.1, 20.2, 20.3

OMISSION OF INFORMATION FROM STATEMENT OF AFFAIRS

Omission of information from statement of affairs 5.68 8.6

Part 5A DEBT RELIEF ORDERS

Preliminary

Scope of this part: introductory and interpretation 5A.1 N/A

Excluded debts 5A.2 9.2

Application for a debt relief order — information to be in the

application

5A.3 9.3

Application for a debt relief order 5A.4 9.4

Approved intermediary 5A.5 9.5

Form, manner and reasons for refusal of application for debt relief

order

5A.6 9.13

Prescribed verification checks — conditions in paragraphs 1 to 8

of Schedule 4ZA

5A.7 9.6

Determination of debtor’s monthly surplus income 5A.8 9.7

Determination of value of a debtor’s property 5A.9 9.8

Particular descriptions of property to be excluded for the purpose

of determining the value of a person’s property

5A.10 9.9

Making of debt relief order — form of debt relief order 5A.11 9.10

Other steps to be taken by official receiver or debtor upon making

of the order

5A.12 9.11

Prescribed information to be notified to creditor on making of debt

relief order

5A.13 9.12

Creditor’s objection 5A.14 9.13, 9.14

Official receiver’s response to objection 5A.15 9.16

Procedure to be followed when revoking or amending a debt relief

order

5A.16 9.17, 9.18

Notification of official receiver by debtor of matters in section

251J(3) or (5)

5A.17 9.19

Persons at risk of violence — debt relief orders, debt relief 5A.18 20.1, 20.4, 20.6

Application to court under section 251M 5A.19 9.21

Extension of moratorium period 5A.20 9.24

Court in which applications under sections 251M (powers of court

in relation to debt relief orders) or 251N (inquiry into debtor’s

dealings and property) to be made

5A.21 9.22

Referral of debtor, by court, to intermediary under section 274A 5A.22 N/A

Creditor’s bankruptcy petition — where creditor consents 5A.23 9.23

Application for permission under Company Directors

Disqualification Act 1986

5A.24 9.25

Application for permission under Company Directors


5A.25 9.25

Application for 5A.26 9.26

Death of debtor at a time when a moratorium period under a debt

relief order applies in relation to him or her

5A.27 9.20



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PART 6 BANKRUPTCY

CHAPTER 1 THE STATUTORY DEMAND

Form and content of statutory demand 6.1 10.1

Information to be given in statutory demand 6.2 10.1

Requirements as to service 6.3 10.2

Application to set aside statutory demand 6.4 10.4

Hearing of application to set aside 6.5 10.5

CHAPTER 2 BANKRUPTCY PETITION (CREDITOR’S)


Identification of debtor 6.7 10.8

Identification of debt 6.8 10.9

Court in which petition to be presented 6.9A 10.11

Procedure for presentation and filing 6.10 10.12

Proof of service of statutory demand 6.11 10.3

Verification of petition 6.12 10.10

Notice to Chief Land Registrar 6.13 10.13

Service of petition 6.14 10.14

Proof of service 6.15A Sch 4 para 6

Death of debtor before service 6.16 10.15

Security for costs (s. 268(2) only) 6.17 10.17

Hearing of petition 6.18 10.21

Petition opposed by debtor 6.21 10.18

Amendment of petition 6.22 10.16

Notice by persons intending to appear 6.23 10.19

List of appearances 6.24 10.20

Decision on the hearing 6.25 10.24

Non-appearance of creditor 6.26 10.26

Vacating registration on dismissal of petition 6.27 10.25

Extension of time for hearing 6.28 10.22


Substitution of petitioner 6.30 10.27, 10.28

Change of carriage of petition 6.31 10.29

Petitioner seeking dismissal or leave to withdraw 6.32 10.30

Settlement and content of bankruptcy order 6.33 10.31


Amendment of title of proceedings 6.35 10.165

CHAPTER 3 DEBTOR'S BANKRUPTCY APPLICATION


Bankruptcy application for a bankruptcy order 6.38 10.35

Procedure for making the bankruptcy application and electronic

communications with the adjudicator

6.39 10.36

Application to the Chief Land Registrar to register a bankruptcy

application

6.40 10.37

Verification checks 6.41 10.38

Determination of the bankruptcy application 6.42 10.39

The determination period 6.43 10.40

Settlement and content of bankruptcy order 6.44 10.41

Refusal to make a bankruptcy order and contents of the notice of 6.45 10.42



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refusal

Review of the refusal to make a bankruptcy order 6.46 10.43

Appeal to the court following a review of the refusal to make a

bankruptcy order

6.47 10.44

Action to follow making of the order 6.48 10.45

Application to the Chief Land Registrar 6.49 10.46

The bankruptcy file 6.50 10.47

Court in which applications are to be made 6.50A 10.48

CHAPTER 4 THE INTERIM RECEIVER

Application for appointment of interim receiver 6.51 10.49

Order of appointment 6.52 10.51

Deposit 6.53 10.50

Security 6.54 10.52


Remuneration 6.56 10.54


CHAPTER 5 DISCLOSURE BY BANKRUPT WITH RESPECT TO THE STATE OF HIS AFFAIRS

SECTION A: CREDITOR'S PETITION


The statement of affairs 6.59 10.56

Verification and filing 6.60 10.56

Limited disclosure 6.61 10.57

Release from duty to submit statement of affairs; extension of time 6.62 10.58


Requirement to submit accounts 6.64 10.60

Submission and filing of accounts 6.65 10.60

Further disclosure 6.66 10.61

SECTION B: DEBTOR'S PETITION


Contents of statement 6.68 N/A

Requirement to submit accounts 6.69 10.63

Submission and filing of accounts 6.70 10.63

Expenses of preparing accounts 6.71 10.64

Further disclosure 6.72 10.65

CHAPTER 6 INFORMATION TO CREDITORS

General duty of official receiver 6.73 10.66

Those entitled to be informed 6.74 1.37

Report where statement of affairs lodged 6.75 10.66

Statement of affairs dispensed with 6.76 10.66

General rule as to reporting 6.77 10.66

Bankruptcy order annulled 6.78 10.66

Reports to creditor 6.78A 18.3, 18.4, 18.8, 18.9

Final report to creditors and bankrupt 6.78B 18.14

Creditors' request for further information 6.78C 18.9

Distribution of property in specie 6.78D 18.13

CHAPTER 7 CREDITORS' MEETINGS

First meeting of creditors 6.79 15.8, 15.10. 15.11

Business at first meeting 6.80 N/A



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General power to call meetings 6.81 15.8, 15.11,

The chairman at a meeting 6.82 15.21

Requisitioned meetings 6.83 15.18

Attendance at meeting of bankrupt, etc 6.84 15.14, 15.22

Notice of meetings by advertisement only 6.85 15.12

Venue of meetings 6.86 15.10

Expenses of summoning meetings 6.87 15.19

Resolutions 6.88 10.78, 15.16, 15.34

Resolutions by Correspondence 6.88A 15.3

Chairman of meeting as proxy-holder 6.89 16.5

Suspension of meeting 6.90 15.27

Adjournment 6.91 15.23, 15.25, 15.26

Entitlement to vote 6.93 15.28

Chairman’s discretion to allow vote 6.93A 15.28

Admission and rejection of proof 6.94 15.33

Record of proceedings 6.95 15.40

CHAPTER 8 PROOF OF BANKRUPTCY DEBTS

SECTION A: PROCEDURE FOR PROVING

Meaning of “prove” 6.96 1.2, 14.3, 14.4

Supply of forms 6.97 N/A

Contents of proof 6.98 14.4

Cost of proving 6.100 14.5

Trustee to allow inspection of proofs 6.101 14.6

Transmission of proofs to trustee 6.103 10.76(7)





SECTION B: QUANTIFICATION OF CLAIM






Interest 6.113 14.23


CHAPTER 9 SECURED CREDITORS



Redemption by trustee 6.117 14.17

Test of security's value 6.118 14.18


CHAPTER 10 THE TRUSTEE IN BANKRUPTCY

SECTION A: APPOINTMENT AND ASSOCIATED FORMALITIES

Appointment by creditors' meeting 6.120 10.67, 10.68, 10.70

Official Receiver not to be appointed trustee 6.120A N/A


Appointment by Secretary of State 6.122 10.72



of 29


Authentication of trustee's appointment 6.123 10.73

Advertisement of appointment 6.124 10.74

Hand-over of estate to trustee 6.125 10.75

SECTION B: RESIGNATION AND REMOVAL; VACATION OF OFFICE

Creditors' meeting to receive trustee's resignation 6.126 10.77

Action following acceptance of resignation 6.127 10.77

Leave to resign granted by the court 6.128 N/A

Meeting of creditors to remove trustee 6.129 10.78

Court's power to regulate meeting under Rule 6.129 6.130 N/A


Removal of trustee by the court 6.132 10.80

Removal of trustee by Secretary of Stat 6.133 10.81

Advertisement of resignation or removal 6.134 10.82

Release of resigning or removed trustee 6.135 10.83

SECTION C: RELEASE ON COMPLETION OF ADMINISTRATION

Release of official receiver 6.136 10.86

Final meeting of creditors 6.137 10.87

Rule as to reporting 6.137A 10.88

SECTION D: REMUNERATION

Fixing of remuneration 6.138 18.16, 18.21

Trustee's remuneration where it is not fixed in accordance with

Rule

6.13

6.138A 18.22

Other matters affecting remuneration 6.139 18.17, 18.38

Recourse of trustee to meeting of creditors 6.140A 18.24

Recourse to the court. 6.141 18.23

Creditor's claim that remuneration is excessive.. 6.142 18.34

Review of remuneration. 6.142A 18.29

Remuneration of new trustee. 6.142B 18.31


SECTION E: SUPPLEMENTARY PROVISIONS

Trustee deceased 6.143 10.84


Notice to official receiver of intention to vacate office 6.145 10.89

Trustee's duties on vacating office 6.146 10.90

Power of court to set aside certain transactions 6.147 10.91

Rule against solicitation 6.148 10.92

Enforcement of trustee's obligations to official receiver... 6.149 10.93


Membership of creditors' committee 6.150 17.3, 17.4


Obligations of trustee to committee 6.152 17.22

Meetings of the committee 6.153 17.14


Quorum 6.155 17.16






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Removal 6.159 17.12

Vacancies 6.160 17.9



Trustee's reports 6.163 17.23

Expenses of members etc 6.164 17.24

Dealings by committee-members and others 6.165 17.25

Committee's functions vested in Secretary of State 6.166 17.26

CHAPTER 12 SPECIAL MANAGER

Appointment and remuneration 6.167 10.94

Security 6.168 10.95


Accounting 6.170 10.97


CHAPTER 13 PUBLIC EXAMINATION OF BANKRUPT

Order for public examination 6.172 10.100

Order on request by creditors 6.173 10.101

Bankrupt unfit for examination 6.174 10.102

Procedure at hearing 6.175 10.103


Expenses of examination 6.177 10.105

CHAPTER 14 DISCLAIMER

Trustee's notice of disclaimer 6.178 19.1, 19.2

Communication of disclaimer to persons interested 6.179 19.3, 19.4, 19.5

Additional notices 6.180 19.6

Records 6.181A 19.7

Application for leave to disclaim 6.182 19.8

Application by interested party under s. 316 6.183 19.9

Interest in property to be declared on request 6.184 N/A

Disclaimer presumed valid and effective 6.185 19.10

Application for exercise of court's powers under s.320 6.186 19.11

CHAPTER 15 REPLACEMENT OF EXEMPT PROPERTY

Purchase of replacement property 6.187 10.106

Money provided in lieu of sale 6.188 10.105

CHAPTER 16 INCOME PAYMENTS ORDERS

Application for order 6.189 10.109


Variation of order 6.191 10.112

Order to payor of income: administration 6.192 10.113

Review of order 6.193 10.114

CHAPTER 16A INCOME PAYMENTS AGREEEMENTS

Approval of income payments agreements 6.193A 10.115

Acceptance of income payments agreements 6.193B 10.116

Variation of income payments order 6.193C 10.117

CHAPTER 17 ACTION BY COURT UNDER SECTION 369 ORDER TO INLAND REVENUE

OFFICIAL

Application for order 6.194 10.118

Making and service of the order 6.195 10.119



of 29


Custody of documents 6.196 10.120

CHAPTER 18 MORTGAGED PROPERTY

Claim by mortgagee of land 6.197 10.122

Power of court to order sale 6.198 10.123

Proceeds of sale 6.199 10.124

CHAPTER 19 AFTER-ACQUIRED PROPERTY

Duties of bankrupt in respect of after-acquired property 6.200 10.125

Trustee's recourse to disponee of property 6.201 10.126

Expenses of getting in property for the estate 6.202 N/A

CHAPTER 20 LEAVE TO ACT AS DIRECTOR, ETC

6.202A 10.127

Application for leave 6.203 10.128

Report of official receiver 6.204 10.129

Court's order on application 6.205 10.130

CHAPTER 21 ANNULMENT OF BANKRUPTCY ORDER

Application for annulment 6.206 10.132

Report by trustee 6.207 10.133, 18.35

Applicant's claim that remuneration is or expenses are excessive 6.207A 10.143, 18.35

Power of court to stay proceedings 6.208 10.135

Notice to creditors who have not proved 6.209 10.136

The hearing 6.210 10.137

Matters to be proved under s.282(1)(b) 6.211 10.138


Other matters arising on annulment 6.213 10.140

Trustee's final account 6.214 10.1401

CHAPTER 22 DISCHARGE

Application for suspension of discharge 6.215 10.142

Lifting of suspension of discharge 6.216 10.143

Application by bankrupt for discharge 6.217 10.160

Report of official receiver 6.218 10.160

Order of discharge on application 6.219 10.144, 10.145 10.16

Certificate of discharge 6.220 10.144, 10.145

Deferment of issue of order pending appeal 6.221 10.163

Costs under this Chapter 6.222 10.164

Bankrupt's debts surviving discharge 6.223 10.146

CHAPTER 23 ORDER OF PAYMENT OF COSTS, ETC., OUT OF ESTATE

General rule as to priority 6.224 10.149

CHAPTER 24 SECOND BANKRUPTCY

Scope of this Chapter 6.225 10.150

General duty of existing trustee 6.226 10.151

Delivery up to later trustee 6.227 10.152

Existing trustee's expenses 6.228 10.153

CHAPTER 25 CRIMINAL BANKRUPTCY

Status and functions of Official Petitioner 6.230 10.155

Interim receivership 6.231 10.156

Proof of bankruptcy debts and notice of order 6.232 10.157

Meetings under the Rules 6.233 N/A

Trustee in bankruptcy; creditors' committee; annulment of 6.234 10.158, 10.159



of 29


bankruptcy order

CHAPTER 26 MISCELLANEOUS RULES IN BANKRUPTCY

Application for redirection order 6.235A 10.166

Persons at risk of violence 6.235B 20.1, 20.5, 20.6

Consolidation of petitions 6.236 N/A

Bankrupt's home – notification of property falling within section

283A

6.237 10.167

Application in respect of the vesting of an interest in a dwelling

house

6.237A 10.168

Vesting of bankrupt's interest (unregistered land) 6.237B 10.169

6.237C Note above 10.170

Vesting of bankrupt’s estate – substituted period 6.237CA 10.170

Charging Order 6.237D 10.171

Interpretation 6.237E 1.2(2)

EC REGULATION--MEMBER STATE LIQUIDATOR

Interpretation of creditor and notice to member State liquidator 6.238 21.7, 21.8

Interpretation of creditor and notice to member State liquidator

appointed in main proceedings

6.239 21.7, 21.8

BANKRUPTCY RESTRICTIONS ORDER

6.240 11.1

Application for bankruptcy restrictions order 6.241 11.2

Service on the defendant 6.242 11.3

The bankrupt's evidence 6.243 11.4

Making a bankruptcy restrictions order 6.244 11.5

INTERIM BANKRUPTCY RESTRICTIONS ORDER

Application for interim bankruptcy restrictions order 6.245 11.6

The case against the defendant 6.246 11.6

Making an interim bankruptcy restrictions order 6.247 11.7

Application to set aside an interim bankruptcy restrictions order 6.248 11.8, 11.9

BANKRUPTCY RESTRICTIONS UNDERTAKING

Acceptance of the bankruptcy restrictions undertaking 6.249 11.10

Notification to the court 6.250 11.11

Application under paragraph 9(3) of Schedule 4A to the Act to

annul

6.251 11.12

DEBT RELIEF RESTRICTIONS ORDER

Interpretation 6.252 11.1

Application for debt relief restrictions order 6.253 11.2

Service on the defendant 6.254 11.3

The debtor's evidence 6.255 11.4

Making a debt relief restrictions order 6.256 11.5

INTERIM DEBT RELIEF RESTRICTIONS ORDER

Application for interim debt relief restrictions order 6.257 11.6

The case against the debtor 6.258 11.6

Making an interim debt relief restrictions order 6.259 11.7

Application to set aside an interim debt relief restrictions order 6.260 11.8

DEBT RELIEF RESTRICTIONS UNDERTAKING

Acceptance of debt relief restrictions undertaking 6.261 11.10

Notification 6.262 11.11



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Application under paragraph 9(3) of Schedule 4ZB to the Act to

annul

6.263 11.12

PART 6A

GENERAL

The individual insolvency register; the bankruptcy restrictions

register

6A.1 11.13

INDIVIDUAL INSOLVENCY REGISTER

Entry of information onto the individual insolvency register —

individual voluntary arrangements

6A.2A 11.14

Deletion of information from the individual insolvency register 6A.3 11.15


bankruptcy orders

6A.4 11.16

Deletion of information from the individual insolvency register —

bankruptcy orders

6A.5 11.17


debt relief orders

6A.5A 11.18

Deletion of information from the individual insolvency register —

debt relief orders

6A.5B 11.19

BANKRUPTCY RESTRICTIONS REGISTER

Bankruptcy restrictions orders and undertakings — entry of

information

6A.6 11.20

Deletion of information from the bankruptcy restrictions register

— bankruptcy restrictions order and undertakings

6A.7 11.21

DEBT RELIEF RESTRICTIONS REGISTER

Debt relief restrictions orders and undertakings — entries of

information onto the debt relief restrictions register

6A.7A 11.20

Deletion of information from the debt relief restrictions register —

debt relief restrictions order and undertakings

6A.7B 11.21

RECTIFICATION OF REGISTERS

Rectification of the registers 6A.8 11.22, 11.23

THE THIRD GROUP OF PARTS

PART 7 COURT PROCEDURE AND PRACTICE

CHAPTER 1 APPLICATIONS


Form and contents of application 7.3 1.35

Application under section 176A(5) to disapply section 176A 7.3A 12.14

Filing and service of application 7.4 12.7 12.9, 12.10

Notice of application under section 176A(5) 7.4A 12.15

Hearings without notice 7.5A 12.12

Hearing of application 7.6A 12.2(3)

Witness statements – general 7.7A 12.28

Filing and service of witness statements 7.8 12.28

Use of reports 7.9 12.28

Adjournment of hearing; directions. 7.10 12.9, 12.13

CHAPTER 1ZA THE LONDON INSOLVENCY DISTRICT

Allocation of proceedings to the London insolvency district 7.10ZA 12.5

CHAPTER 1A BLOCK TRANSFER OF CASES WHERE INSOLVENCY PRACTITIONER.



of 29


Preliminary and interpretation 7.10A 12.35

Power to make a block transfer order 7.10B 12.36

Application for a block transfer order 7.10C 12.37

Action following application for a block transfer order 7.10D 12.38

CHAPTER 2 TRANSFER OF PROCEEDINGS BETWEEN COURTS

General power of transfer 7.11 12.30

Proceedings commenced in wrong court 7.12 12.31

Applications for transfer 7.13 12.32

Procedure following order for transfer 7.14 12.33

Consequential transfer of other proceedings 7.15 12.34

CHAPTER 3 SHORTHAND WRITERS

Nomination and appointment of shorthand writers 7.16 12.65

Remuneration 7.17 12.65

CHAPTER 4 ENFORCEMENT PROCEDURES

Enforcement of court orders 7.19 12.51

Orders enforcing compliance with the Rules 7.20 12.52

Warrants (general provisions) 7.21 12.53

Warrants under ss.134, 364 7.22 12.54

Warrants under ss.236, 366 7.23 12.55

Warrants under s.365 7.25 12.56

CHAPTER 5 COURT RECORDS AND RETURNS

Court file 7.31A 12.39

CHAPTER 6 COSTS AND TAXATION

Application of Chapter 7.33A 12.41

Requirement to assess costs by the detailed procedure 7.34A 12.42

Procedure where detailed assessment required 7.35 12.43

Costs of officers charged with execution of writs or other process 7.36 12.44

Petitions presented by insolvents 7.37A 12.45

Costs paid otherwise than out of the insolvent estate 7.38 12.46

Award of costs against official receiver or responsible insolvency

practitioner

7.39 12.47

Applications for costs 7.40 12.48

Costs and expenses of witnesses 7.41 12.49

Final costs certificate 7.42 12.50

CHAPTER 7 PERSONS WHO LACK CAPACITY TO MANAGE THEIR AFFAIRS

Introductory. 7.43 12.23

Appointment of another person to act. 7.44 12.24

Witness statement in support of application 7.45A 12.25

Service of notices following appointment 7.46 12.26

CHAPTER 8 APPEALS IN INSOLVENCY PROCEEDINGS

Appeals and reviews of court orders (winding up). 7.47 12.59

Appeals in bankruptcy. 7.48 12.60

Procedure on appeal 7.49A 12.58, 12.61

Appeal against decision of Secretary of State or official receiver 7.50 12.62

CHAPTER 9 GENERAL

Principal court rules and practice to apply 7.51A 12.1

Right of audience 7.52 13.1(2)

Formal defects 7.55 12.65



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Service of orders staying proceedings 7.56 Sch 4 para 5

Payment into court 7.59 N/A

Further information and disclosure 7.60 12.27

Office copies of documents 7.61 12.40

EC REGULATION – CREDITORS’ VOLUNTARY WINDING UP – CONFIRMATION BY THE

COURT

Application for confirmation 7.62 21.4, 21.5

Notice to Member State liquidator and creditors in member states 7.63 21.6

EC REGULATION – MEMBER STATE LIQUIDATOR

Interpretation of creditor 7.64 N/A

PART 8 PROXIES AND COMPANY REPRESENTATION

Definition of “proxy” 8.1 16.2

Issue and use of forms 8.2 16.3, 16.4

Use of proxies at meeting 8.3 16.4, 16.5

Retention of proxies 8.4 16.6

Right of inspection 8.5 16.6

Proxy-holder with financial interest 8.6 16.7

Company representation 8.7 16.8

Interpretation of creditor 8.8 N/A

PART 9 EXAMINATION OF PERSONS CONCERNED IN COMPANY AND INDIVIDUAL

INSOLVENCY


Form and contents of application 9.2 12.18

Order for examination, etc 9.3 12.19

Procedure for examination 9.4 12.20

Record of examination 9.5 12.21

Costs of proceedings under ss.236, 366 9.6 12.22

PART 10 OFFICIAL RECEIVERS

Appointment of official receivers 10.1 13.1

Persons entitled to act on official receiver's behalf 10.2 13.3

Application for directions 10.3 13.4

Official receiver's expenses 10.4 13.5

PART 11 DECLARATION AND PAYMENT OF DIVIDEND (WINDING UP AND BANKRUPTCY)

Preliminary N/A

Notice of intended dividend 11.2 14.28

Final admission/rejection of proofs 11.3 14.32

Postponement or cancellation of dividend 11.4 14.33

Decision to declare dividend 11.5 14.34

Notice of declaration 11.6 14.35

Notice of no, or no further, dividend 11.7 14.37

Proof altered after payment of dividend 11.8 14.40


Disqualification from dividend 11.10 14.42

Assignment of right to dividend 11.11 14.43

Preferential creditors 11.12 14.28(2), 14.29(2)




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PART 12 MISCELLANEOUS AND GENERAL

Power of Secretary of State to regulate certain matters 12.1 0.5

Costs, expenses, etc 12.2 3.50, 6.42, 7.108,

10.147

Provable debts 12.3 14.2

False claim of status as creditor, etc. 12.18 1.56

Punishment of offences 12.21 0.6

PART 12A PROVISIONS OF GENERAL EFFECT

THE GIVING OF NOTICE AND THE SUPPLY OF DOCUMENTS — GENERAL

Application 12A.1 N/A

Personal delivery of documents 12A.2 1.44

Postal delivery of documents 12A.3 1.42

Non-receipt of notice of meeting 12A.4 N/A

Notice etc to solicitors 12A.5 1.40

THE GIVING OF NOTICE AND THE SUPPLY OF DOCUMENTS BY OR TO OFFICE-HOLDERS


The form of notices and other documents 12A.7 1.4

Proof of sending etc 12A.8 1.52

Authentication 12A.9 1.5

Electronic delivery in insolvency proceedings — general 12A.10 1.45

Electronic delivery by office-holders 12A.11 1.48

Use of websites by office-holder 12A.12 1.47, 1.49

Special provision on account of expense as to website use 12A.13 1.49, 1.50

Electronic delivery of insolvency proceedings to courts 12A.14 1.46

Notice etc to joint office-holders 12A.15 1.41

SERVICE OF COURT DOCUMENTS


Application of CPR Part 6 to service of court documents within the

jurisdiction

12A.17 Sch 4, para 1

Service of orders staying proceedings 12A.18 Sch 4, para 5

Service on joint office-holders 12A.19 Sch 4 para 4

Application of CPR Part 6 to service of court documents outside

the jurisdiction

12A.20 Sch 4, para 1

MEETINGS

Quorum at meeting of creditors or contributories 12A.21 15.20

Remote attendance at meetings of creditors 12A.22 15.6(6)

Action where person excluded 12A.23 15.36, 15.44

Indication to excluded person 12A.24 15.37, 15.45

Complaint 12A.25 15.38, 15.46

Remote attendance at meetings of creditors' committees and

liquidation

12A.26 17.20

Procedure for requests that a place for a meeting should be

specified 794

12A.27 17.21

EFFECT OF INSOLVENCY ON EXECUTION — SPECIFIC PROVISIONS FOR NOTICES TO

ENFORCEMENT OFFICERS ETC

Execution overtaken by judgment debtor's insolvency 12A.28 12.57

Notice to enforcement officers 12A.29 1.47



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FORMS

Forms for use in insolvency proceedings 12A.30 N/A

Electronic submission of information instead of submission of

forms

12A.31 N/A

Electronic submission of information instead of submission of

forms

12A.32 N/A

GAZETTE NOTICES

Contents of notices to be gazetted under the Act or Rules 12A.33 1.10

Gazette notices relating to companies 12A.34 1.12

Gazette notices relating to bankrupts 12A.35 1.13

Omission of unobtainable information 12A.36 1.10(2)

The Gazette — general 12A.37 1.14

NOTICES ADVERTISED OTHERWISE THAN IN THE GAZETTE

Notices otherwise advertised under the Act or Rules 12A.38 1.15

Non-Gazette notices relating to companies 12A.39 1.16

Non-Gazette notices relating to bankrupts 12A.40 1.17

Non-Gazette notices — other provisions 12A.41 1.18

NOTIFICATIONS TO THE REGISTRAR OF COMPANIES

Application of this Chapter 12A.42 1.19

Information to be contained in all notifications to the registrar 12A.43 1.20, 1.21

Notifications relating to the office of office-holders 12A.44 1.22

Notifications relating to documents 12A.45 1.23

Notifications relating to court orders 12A.46 1.24

Returns or reports of meetings 12A.47 1.25, 1.26

Notifications relating to other events 12A.48 1.27

Notifications of more than one nature 12A.49 1.19

Notifications made to other persons at the same time 12A.50 1.19

INSPECTION OF DOCUMENTS AND THE PROVISION OF INFORMATION

Confidentiality of documents — grounds for refusing inspection 12A.51 1.58

Right to copy documents 12A.52 12.39, 12.40, 12.54

Charges for copy documents 12A.53 1.55

Right to have list of creditors 12A.54 1.57

COMPUTATION OF TIME AND TIME LIMITS

Time limits 12A.55 1.3, Sch. 5

SECURITY

Insolvency practitioners' security 12A.56 4.4, 5.5, 6.24, 7.37,

7.58, 10.52, 10.69

NOTICE OF ORDER UNDER SECTION 176A(5)

Notice of order under section 176A(5) 12A.57 12.15

PART 13 INTERPRETATION AND APPLICATION

Introductory. 13.1 N/A

“The court”; “the registrar”. 13.2 1.2

“Give notice”, etc. 13.3 N/A

Notice, etc. to solicitors. 13.4 N/A

Notice to joint liquidators, joint trustees, etc. 13.5 N/A

“Venue”. 13.6 1.2

“Insolvency proceedings”. 13.7 N/A



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“Insolvent estate”. 13.8 1.2

“Responsible insolvency practitioner”, etc. 13.9 N/A

“Office holder” 13.9A 1.2

“Petitioner”. 13.10 1.2

“The appropriate fee”. 13.11 N/A

“Debt”, “liability” (winding up). 13.12 14.1

“Authorised deposit-taker and former authorised deposit-taker” 13.12A 1.2

Expressions used generally. 13.13 1.2

Application 13.14 0.3

Application of Insolvency Act 1986 and Company Directors


13.15 N/A

Schedule 1 SCHEME MANAGER'S VOTING RIGHTS 15.29, 15.30, 15.31,

15.32

Schedule 2 ALTERNATIVE COUNTY COURT HEARING

CENTRES

Sch 6

Schedule 4 FORMS N/A

Schedule 5 PUNISHMENT OF OFFENCES UNDER THE

RULES

Sch 3

Schedule 6 DETERMINATION OF INSOLVENCY OFFICE

HOLDER'S

REMUNERATION

Sch 11