Search Legislation

Advanced Search (including Welsh legislation in Welsh language)

The Insolvency Rules 1986

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

  1. Introductory Text

  2. INTRODUCTORY PROVISIONS

    1. Citation and commencement These Rules may be cited as the Insolvency Rules 1986...

      1. 0.1.Citation and commencement

      2. 0.2.Construction of principal references

      3. 0.3.Extent

  3. THE FIRST GROUP OF PARTS

    1. PART 1 COMPANY VOLUNTARY ARRANGEMENTS

      1. CHAPTER 1 PRELIMINARY

        1. 1.1.Scope of this Part; interpretation

      2. CHAPTER 2 PROPOSAL BY DIRECTORS

        1. 1.2.Preparation of proposal

        2. 1.3.Contents of proposal

        3. 1.4.Notice to intended nominee

        4. 1.5.Statement of affairs

        5. 1.6.Additional disclosure for assistance of nominee

        6. 1.7.Nominee's report on the proposal

        7. 1.8.Replacement of nominee

        8. 1.9.Summoning of meetings under s. 3

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

        1. 1.10.Preparation of proposal

        2. 1.11.Summoning of meetings under s. 3

      4. CHAPTER 4 PROPOSAL BY ADMINISTRATOR OR LIQUIDATOR (ANOTHER INSOLVENCY PRACTITIONER THE NOMINEE)

        1. 1.12.Preparation of proposal and notice to nominee

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

        1. SECTION A: MEETINGS OF COMPANY'S CREDITORS AND MEMBERS

          1. 1.13.Summoning of meetings

          2. 1.14.The chairman at meetings

          3. 1.15.The chairman as proxy-holder

          4. 1.16.Attendance by company officers

        2. SECTION B: VOTING RIGHTS AND MAJORITIES

          1. 1.17.Voting rights (creditors)

          2. 1.18.Voting rights (members)

          3. 1.19.Requisite majorities (creditors)

          4. 1.20.Requisite majorities (members)

          5. 1.21.Proceedings to obtain agreement on the proposal

        3. SECTION C: IMPLEMENTATION OF THE ARRANGEMENT

          1. 1.22.Resolutions to follow approval

          2. 1.23.Hand-over of property etc. to supervisor

          3. 1.24.Report of meetings

          4. 1.25.Revocation or suspension of the arrangement

          5. 1.26.Supervisor's accounts and reports

          6. 1.27.Production of accounts and records to Secretary of State

          7. 1.28.Fees, costs, charges and expenses

          8. 1.29.Completion of the arrangement

      6. CHAPTER 6 GENERAL

        1. 1.30.False representations, etc

    2. PART 2 ADMINISTRATION PROCEDURE

      1. CHAPTER 1 APPLICATION FOR, AND MAKING OF, THE ORDER

        1. 2.1.Affidavit to support petition

        2. 2.2.Independent report on company's affairs

        3. 2.3.Contents of affidavit

        4. 2.4.Form of petition

        5. 2.5.Filing of petition

        6. 2.6.Service of petition

        7. 2.7.Manner in which service to be effected

        8. 2.8.Proof of service

        9. 2.9.The hearing

        10. 2.10.Notice and advertisement of administration order

      2. CHAPTER 2 STATEMENT OF AFFAIRS AND PROPOSALS TO CREDITORS

        1. 2.11.Notice requiring statement of affairs

        2. 2.12.Verification and filing

        3. 2.13.Limited disclosure

        4. 2.14.Release from duty to submit statement of affairs; extension of time

        5. 2.15.Expenses of statement of affairs

        6. 2.16.Statement to be annexed to proposals

        7. 2.17.Notice to members of proposals to creditors

      3. CHAPTER 3 CREDITORS' AND COMPANY MEETINGS

        1. SECTION A: CREDITORS' MEETINGS

          1. 2.18.Meeting to consider administrator's proposals

          2. 2.19.Creditors' meetings generally

          3. 2.20.The chairman at meetings

          4. 2.21.Meeting requisitioned by creditors

          5. 2.22.Entitlement to vote

          6. 2.23.Admission and rejection of claims

          7. 2.24.Secured creditors

          8. 2.25.Holders of negotiable instruments

          9. 2.26.Retention of title creditors

          10. 2.27.Hire-purchase, conditional sale and chattel leasing agreements

          11. 2.28.Resolutions and minutes

          12. 2.29.Administrator's report

          13. 2.30.Notices to creditors

        2. SECTION B: COMPANY MEETINGS

          1. 2.31.Venue and conduct of company meeting

      4. CHAPTER 4 THE CREDITORS' COMMITTEE

        1. 2.32.Constitution of committee

        2. 2.33.Formalities of establishment

        3. 2.34.Functions and meetings of the committee

        4. 2.35.The chairman at meetings

        5. 2.36.Quorum

        6. 2.37.Committee-members' representatives

        7. 2.38.Resignation

        8. 2.39.Termination of membership

        9. 2.40.Removal

        10. 2.41.Vacancies

        11. 2.42.Procedure at meetings

        12. 2.43.Resolutions by post

        13. 2.44.Information from administrator

        14. 2.45.Expenses of members

        15. 2.46.Members' dealings with the company

      5. CHAPTER 5 THE ADMINISTRATOR

        1. 2.47.Fixing of remuneration

        2. 2.48.Recourse to meeting of creditors

        3. 2.49.Recourse to the court

        4. 2.50.Creditors' claim that remuneration is excessive

        5. 2.51.Disposal of charged property, etc

        6. 2.52.Abstract of receipts and payments

        7. 2.53.Resignation

        8. 2.54.Administrator deceased

        9. 2.55.Order filling vacancy

      6. CHAPTER 6 VAT BAD DEBT RELIEF

        1. 2.56.Issue of certificate of insolvency

        2. 2.57.Notice to creditors

        3. 2.58.Preservation of certificate with company's records

    3. PART 3 ADMINISTRATIVE RECEIVERSHIP

      1. CHAPTER 1 APPOINTMENT OF ADMINISTRATIVE RECEIVER

        1. 3.1.Acceptance of appointment

        2. 3.2.Notice and advertisement of appointment

      2. CHAPTER 2 STATEMENT OF AFFAIRS AND REPORT TO CREDITORS

        1. 3.3.Notice requiring statement of affairs

        2. 3.4.Verification and filing

        3. 3.5.Limited disclosure

        4. 3.6.Release from duty to submit statement of affairs; extension of time

        5. 3.7.Expenses of statement of affairs

        6. 3.8.Report to creditors

      3. CHAPTER 3 CREDITORS' MEETING

        1. 3.9.Procedure for summoning meeting under s.48(2)

        2. 3.10.The chairman at the meeting

        3. 3.11.Voting rights

        4. 3.12.Admission and rejection of claim

        5. 3.13.Quorum

        6. 3.14.Adjournment

        7. 3.15.Resolutions and minutes

      4. CHAPTER 4 THE CREDITORS' COMMITTEE

        1. 3.16.Constitution of committee

        2. 3.17.Formalities of establishment

        3. 3.18.Functions and meetings of the committee

        4. 3.19.The chairman at meetings

        5. 3.20.Quorum

        6. 3.21.Committee-members' representatives

        7. 3.22.Resignation

        8. 3.23.Termination of membership

        9. 3.24.Removal

        10. 3.25.Vacancies

        11. 3.26.Procedure at meetings

        12. 3.27.Resolutions by post

        13. 3.28.Information from receiver

        14. 3.29.Expenses of members

        15. 3.30.Members' dealings with the company

      5. CHAPTER 5 THE ADMINISTRATIVE RECEIVER (MISCELLANEOUS)

        1. 3.31.Disposal of charged property

        2. 3.32.Abstract of receipts and payments

        3. 3.33.Resignation

        4. 3.34.Receiver deceased

        5. 3.35.Vacation of office

      6. CHAPTER 6 VAT BAD DEBT RELIEF

        1. 3.36.Issue of certificate of insolvency

        2. 3.37.Notice to creditors

        3. 3.38.Preservation of certificate with company's records

    4. PART 4 COMPANIES WINDING UP

      1. CHAPTER 1 THE SCHEME OF THIS PART OF THE RULES

        1. 4.1.Voluntary winding up; winding up by the court

        2. 4.2.Winding up by the court: the various forms of petition

        3. 4.3.Time-limits

      2. CHAPTER 2 THE STATUTORY DEMAND (NO CVL APPLICATION)

        1. 4.4.Preliminary

        2. 4.5.Form and content of statutory demand

        3. 4.6.Information to be given in statutory demand

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

        1. 4.7.Presentation and filing of petition

        2. 4.8.Service of petition

        3. 4.9.Proof of service

        4. 4.10.Other persons to receive copies of petition

        5. 4.11.Advertisement of petition

        6. 4.12.Verification of petition

        7. 4.13.Persons entitled to copy of petition

        8. 4.14.Certificate of compliance

        9. 4.15.Leave for petitioner to withdraw

        10. 4.16.Notice of appearance

        11. 4.17.List of appearances

        12. 4.18.Affidavit in opposition

        13. 4.19.Substitution of creditor or contributory for petitioner

        14. 4.20.Notice and settling of winding-up order

        15. 4.21.Transmission and advertisement of order

      4. CHAPTER 4 PETITION BY CONTRIBUTORIES (NO CVL APPLICATION)

        1. 4.22.Presentation and service of petition

        2. 4.23.Return of petition

        3. 4.24.Application of Rules in Chapter 3

      5. CHAPTER 5 PROVISIONAL LIQUIDATOR (NO CVL APPLICATION)

        1. 4.25.Appointment of provisional liquidator

        2. 4.26.Order of appointment

        3. 4.27.Deposit

        4. 4.28.Security

        5. 4.29.Failure to give or keep up security

        6. 4.30.Remuneration

        7. 4.31.Termination of appointment

      6. CHAPTER 6 STATEMENT OF AFFAIRS AND OTHER INFORMATION

        1. 4.32.Notice requiring statement of affairs

        2. 4.33.Verification and filing

        3. 4.34-CVL.Statement of affairs

        4. 4.35.Limited disclosure

        5. 4.36.Release from duty to submit statement of affairs; extension of time

        6. 4.37.Expenses of statement of affairs

        7. 4.38-CVL.Expenses of statement of affairs

        8. 4.39.Submission of accounts

        9. 4.40-CVL.Submission of accounts

        10. 4.41-CVL.Expenses of preparing accounts

        11. 4.42.Further disclosure

      7. CHAPTER 7 INFORMATION TO CREDITORS AND CONTRIBUTORIES

        1. 4.43.Reports by official receiver

        2. 4.44.Meaning of “creditors”

        3. 4.45.Report where statement of affairs lodged

        4. 4.46.Statement of affairs dispensed with

        5. 4.47.General rule as to reporting

        6. 4.48.Winding up stayed

        7. 4.49-CVL.Information to creditors and contributories

      8. CHAPTER 8 MEETINGS OF CREDITORS AND CONTRIBUTORIES

        1. SECTION A: RULES OF GENERAL APPLICATION

          1. 4.50.First meetings

          2. 4.51-CVL.First meeting of creditors

          3. 4.52.Business at first meetings in the liquidation

          4. 4.53-CVL.Business at meeting under s. 95 or 98

          5. 4.54.General power to call meetings

          6. 4.55.The chairman at meetings

          7. 4.56-CVL.The chairman at meetings

          8. 4.57.Requisitioned meetings

          9. 4.58.Attendance at meetings of company's personnel

          10. 4.59.Notice of meetings by advertisement only

          11. 4.60.Venue

          12. 4.61.Expenses of summoning meetings

          13. 4.62-CVL.Expenses of meeting under s. 98

          14. 4.63.Resolutions

          15. 4.64.Chairman of meeting as proxy-holder

          16. 4.65.Suspension and adjournment

          17. 4.66.Quorum

          18. 4.67.Entitlement to vote (creditors)

          19. 4.68-CVL.Chairman's discretion to allow vote

          20. 4.69.Entitlement to vote (contributories)

          21. 4.70.Admission and rejection of proof (creditors' meeting)

          22. 4.71.Record of proceedings

        2. SECTION B: WINDING UP OF RECOGNISED BANKS, ETC

          1. 4.72.Additional provisions as regards certain meetings

      9. CHAPTER 9 PROOF OF DEBTS IN A LIQUIDATION

        1. SECTION A: PROCEDURE FOR PROVING

          1. 4.73.Meaning of “prove”

          2. 4.74.Supply of forms

          3. 4.75.Contents of proof

          4. 4.76-CVL.Particulars of creditor's claim

          5. 4.77.Claim established by affidavit

          6. 4.78.Cost of proving

          7. 4.79.Liquidator to allow inspection of proofs

          8. 4.80.Transmission of proofs to liquidator

          9. 4.81.New liquidator appointed

          10. 4.82.Admission and rejection of proofs for dividend

          11. 4.83.Appeal against decision on proof

          12. 4.84.Withdrawal or variation of proof

          13. 4.85.Expunging of proof by the court

        2. SECTION B: QUANTIFICATION OF CLAIM

          1. 4.86.Estimate of quantum

          2. 4.87.Negotiable instruments, etc

          3. 4.88.Secured creditors

          4. 4.89.Discounts

          5. 4.90.Mutual credit and set-off

          6. 4.91.Debt in foreign currency

          7. 4.92.Payments of a periodical nature

          8. 4.93.Interest

          9. 4.94.Debt payable at future time

      10. CHAPTER 10 SECURED CREDITORS

        1. 4.95.Value of security

        2. 4.96.Surrender for non-disclosure

        3. 4.97.Redemption by liquidator

        4. 4.98.Test of security's value

        5. 4.99.Realisation of security by creditor

      11. CHAPTER 11 THE LIQUIDATOR

        1. SECTION A: APPOINTMENT AND ASSOCIATED FORMALITIES

          1. 4.100.Appointment by creditors or contributories

          2. 4.101-CVL.Appointment by creditors or by the company

          3. 4.102.Appointment by the court

          4. 4.103-CVL.Appointment by the court

          5. 4.104.Appointment by Secretary of State

          6. 4.105.Authentication of liquidator's appointment

          7. 4.106.Appointment to be advertised and registered

          8. 4.107.Hand-over of assets to liquidator

        2. SECTION B: RESIGNATION AND REMOVAL; VACATION OF OFFICE

          1. 4.108.Creditors' meeting to receive liquidator's resignation

          2. 4.109.Action following acceptance of resignation

          3. 4.110-CVL.Action following acceptance of resignation

          4. 4.111.Leave to resign granted by the court

          5. 4.112.Advertisement of resignation

          6. 4.113.Meeting of creditors to remove liquidator

          7. 4.114-CVL.Meeting of creditors to remove liquidator

          8. 4.115.Court's power to regulate meetings under Rules 4.113, 4.114-CVL

          9. 4.116.Procedure on removal

          10. 4.117-CVL.Procedure on removal

          11. 4.118.Advertisement of removal

          12. 4.119.Removal of liquidator by the court

          13. 4.120-CVL.Removal of liquidator by the court

          14. 4.121.Release of resigning or removed liquidator

          15. 4.122-CVL.Release of resigning or removed liquidator

          16. 4.123.Removal of liquidator by Secretary of State

        3. SECTION C: RELEASE ON COMPLETION OF ADMINISTRATION

          1. 4.124.Release of official receiver

          2. 4.125.Final meeting

          3. 4.126-CVL.Final meeting

        4. SECTION D: REMUNERATION

          1. 4.127.Fixing of remuneration

          2. 4.128.Other matters affecting remuneration

          3. 4.129.Recourse of liquidator to meeting of creditors

          4. 4.130.Recourse to the court

          5. 4.131.Creditors' claim that remuneration is excessive

        5. SECTION E: SUPPLEMENTARY PROVISIONS

          1. 4.132.Liquidator deceased

          2. 4.133-CVL.Liquidator deceased

          3. 4.134.Loss of qualification as insolvency practitioner

          4. 4.135-CVL.Loss of qualification as insolvency practitioner

          5. 4.136-CVL.Vacation of office on making of winding-up order

          6. 4.137.Notice to official receiver of intention to vacate office

          7. 4.138.Liquidator's duties on vacating office

        6. SECTION F: THE LIQUIDATOR IN A MEMBERS' VOLUNTARY WINDING UP

          1. 4.139.Appointment by the company

          2. 4.140.Appointment by the court

          3. 4.141.Authentication of liquidator's appointment

          4. 4.142.Company meeting to receive liquidator's resignation

          5. 4.143.Removal of liquidator by the court

          6. 4.144.Release of resigning or removed liquidator

          7. 4.145.Liquidator deceased

          8. 4.146.Loss of qualification as insolvency practitioner

          9. 4.147.Vacation of office on making of winding-up order

          10. 4.148.Liquidator's duties on vacating office

        7. SECTION G: RULES APPLYING IN EVERY WINDING UP, WHETHER VOLUNTARY OR BY THE COURT

          1. 4.149.Power of court to set aside certain transactions

          2. 4.150.Rule against solicitation

      12. CHAPTER 12 THE LIQUIDATION COMMITTEE

        1. 4.151.Preliminary

        2. 4.152.Membership of committee

        3. 4.153.Formalities of establishment

        4. 4.154.Committee established by contributories

        5. 4.155.Obligations of liquidator to committee

        6. 4.156.Meetings of the committee

        7. 4.157.The chairman at meetings

        8. 4.158.Quorum

        9. 4.159.Committee-members' representatives

        10. 4.160.Resignation

        11. 4.161.Termination of membership

        12. 4.162.Removal

        13. 4.163.Vacancy (creditor members)

        14. 4.164.Vacancy (contributory members)

        15. 4.165.Voting rights and resolutions

        16. 4.166-CVL.Voting rights and resolutions

        17. 4.167.Resolutions by post

        18. 4.168.Liquidator's reports

        19. 4.169.Expenses of members, etc

        20. 4.170.Dealings by committee-members and others

        21. 4.171.Composition of committee when creditors paid in full

        22. 4.172.Committee's functions vested in Secretary of State

      13. CHAPTER 13 THE LIQUIDATION COMMITTEE WHERE WINDING UP FOLLOWS IMMEDIATELY ON ADMINISTRATION (NO CVL APPLICATION)

        1. 4.173.Preliminary

        2. 4.174.Continuation of creditors' committee

        3. 4.175.Membership of committee

        4. 4.176.Liquidator's certificate

        5. 4.177.Obligations of liquidator to committee

        6. 4.178.Application of Chapter 12

      14. CHAPTER 14 COLLECTION AND DISTRIBUTION OF COMPANY'S ASSETS BY LIQUIDATOR

        1. 4.179.General duties of liquidator

        2. 4.180.Manner of distributing assets

        3. 4.181.Debts of insolvent company to rank equally

        4. 4.182.Supplementary provisions as to dividend

        5. 4.183.Division of unsold assets

        6. 4.184.General powers of liquidator

        7. 4.185.Enforced delivery up of company's property

        8. 4.186.Final distribution

      15. CHAPTER 15 DISCLAIMER

        1. 4.187.Liquidator's notice of disclaimer

        2. 4.188.Communication of disclaimer to persons interested

        3. 4.189.Additional notices

        4. 4.190.Duty to keep court informed

        5. 4.191.Application by interested party under s.178(5)

        6. 4.192.Interest in property to be declared on request

        7. 4.193.Disclaimer presumed valid and effective

        8. 4.194.Application for exercise of court's powers under s. 181

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

        1. 4.195.Preliminary

        2. 4.196.Duty of liquidator to settle list

        3. 4.197.Form of list

        4. 4.198.Procedure for settling list

        5. 4.199.Application to court for variation of the list

        6. 4.200.Variation of, or addition to, the list

        7. 4.201.Costs not to fall on official receiver

      17. CHAPTER 17 CALLS (NO CVL APPLICATION)

        1. 4.202.Calls by liquidator

        2. 4.203.Control by liquidation committee

        3. 4.204.Application to court for leave to make a call

        4. 4.205.Making and enforcement of the call

      18. CHAPTER 18 SPECIAL MANAGER

        1. 4.206.Appointment and remuneration

        2. 4.207.Security

        3. 4.208.Failure to give or keep up security

        4. 4.209.Accounting

        5. 4.210.Termination of appointment

      19. CHAPTER 19 PUBLIC EXAMINATION OF COMPANY OFFICERS AND OTHERS

        1. 4.211.Order for public examination

        2. 4.212.Notice of hearing

        3. 4.213.Order on request by creditors or contributories

        4. 4.214.Witness unfit for examination

        5. 4.215.Procedure at hearing

        6. 4.216.Adjournment

        7. 4.217.Expenses of examination

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

        1. 4.218.General rule as to priority

        2. 4.219.Winding up commencing as voluntary

        3. 4.220.Saving for powers of the court

      21. CHAPTER 21 MISCELLANEOUS RULES

        1. SECTION A: RETURN OF CAPITAL (NO CVL APPLICATION)

          1. 4.221.Application to court for order authorising return

          2. 4.222.Procedure for return

        2. SECTION B: CONCLUSION OF WINDING UP

          1. 4.223-CVL.Statements to registrar of companies under s.192

        3. SECTION C: DISSOLUTION AFTER WINDING UP

          1. 4.224.Secretary of State's directions under ss.203, 205

          2. 4.225.Procedure following appeal under s.203(4) or 205(4)

      22. CHAPTER 22 LEAVE TO ACT AS DIRECTOR, ETC., OF COMPANY WITH PROHIBITED NAME (SECTION 216 OF THE ACT)

        1. 4.226.Preliminary

        2. 4.227.Application for leave under s.216(3)

        3. 4.228.First excepted case

        4. 4.229.Second excepted case

        5. 4.230.Third excepted case

  4. THE SECOND GROUP OF PARTS

    1. PART 5 INDIVIDUAL VOLUNTARY ARRANGEMENTS

      1. Introductory

        1. 5.1.(1) The Rules in this Part apply where a debtor,...

      2. SECTION A: THE DEBTOR'S PROPOSAL

        1. 5.2.Preparation of proposal

        2. 5.3.Contents of proposal

        3. 5.4.Notice to intended nominee

        4. 5.5.Application for interim order

        5. 5.6.Hearing of the application

        6. 5.7.Action to follow making of order

        7. 5.8.Statement of affairs

        8. 5.9.Additional disclosure for assistance of nominee

        9. 5.10.Nominee's report on the proposal

        10. 5.11.Replacement of nominee

      3. SECTION B: ACTION ON THE PROPOSAL; CREDITORS' MEETING

        1. 5.12.Consideration of nominee's report

        2. 5.13.Summoning of creditors' meeting

        3. 5.14.Creditors' meeting, supplementary

        4. 5.15.The chairman at the meeting

        5. 5.16.The chairman as proxy-holder

        6. 5.17.Voting rights

        7. 5.18.Requisite majorities

        8. 5.19.Proceedings to obtain agreement on the proposal

      4. SECTION C: IMPLEMENTATION OF THE ARRANGEMENT

        1. 5.20.Resolutions to follow approval

        2. 5.21.Hand-over of property, etc. to supervisor

        3. 5.22.Report of creditors' meeting

        4. 5.23.Register of voluntary arrangements

        5. 5.24.Reports to Secretary of State

        6. 5.25.Revocation or suspension of the arrangement

        7. 5.26.Supervisor's accounts and reports

        8. 5.27.Production of accounts and records to Secretary of State

        9. 5.28.Fees, costs, charges and expenses

        10. 5.29.Completion of the arrangement

      5. SECTION D: GENERAL

        1. 5.30.False representations, etc

    2. PART 6 BANKRUPTCY

      1. CHAPTER 1 THE STATUTORY DEMAND

        1. 6.1.Form and content of statutory demand

        2. 6.2.Information to be given in statutory demand

        3. 6.3.Requirements as to service

        4. 6.4.Application to set aside statutory demand

        5. 6.5.Hearing of application to set aside

      2. CHAPTER 2 BANKRUPTCY PETITION (CREDITOR'S)

        1. 6.6.Preliminary

        2. 6.7.Identification of debtor

        3. 6.8.Identification of debt

        4. 6.9.Court in which petition to be presented

        5. 6.10.Procedure for presentation and filing

        6. 6.11.Proof of service of statutory demand

        7. 6.12.Verification of petition

        8. 6.13.Notice to Chief Land Registrar

        9. 6.14.Service of petition

        10. 6.15.Proof of service

        11. 6.16.Death of debtor before service

        12. 6.17.Security for costs (s. 268(2) only)

        13. 6.18.Hearing of petition

        14. 6.19.Petition against two or more debtors

        15. 6.20.Petition by moneylender

        16. 6.21.Petition opposed by debtor

        17. 6.22.Amendment of petition

        18. 6.23.Notice by persons intending to appear

        19. 6.24.List of appearances

        20. 6.25.Decision on the hearing

        21. 6.26.Non-appearance of creditor

        22. 6.27.Vacating registration on dismissal of petition

        23. 6.28.Extension of time for hearing

        24. 6.29.Adjournment

        25. 6.30.Substitution of petitioner

        26. 6.31.Change of carriage of petition

        27. 6.32.Petitioner seeking dismissal or leave to withdraw

        28. 6.33.Settlement and content of bankruptcy order

        29. 6.34.Action to follow making of order

        30. 6.35.Amendment of title of proceedings

        31. 6.36.Old bankruptcy notices

      3. CHAPTER 3 BANKRUPTCY PETITION (DEBTOR'S)

        1. 6.37.Preliminary

        2. 6.38.Identification of debtor

        3. 6.39.Admission of insolvency

        4. 6.40.Court in which petition to be filed

        5. 6.41.Statement of affairs

        6. 6.42.Procedure for presentation and filing

        7. 6.43.Notice to Chief Land Registrar

        8. 6.44.Report of insolvency practitioner

        9. 6.45.Settlement and content of bankruptcy order

        10. 6.46.Action to follow making of order

        11. 6.47.Amendment of title of proceedings

        12. 6.48.Certificate of summary administration

        13. 6.49.Duty of official receiver in summary administration

        14. 6.50.Revocation of certificate of summary administration

      4. CHAPTER 4 THE INTERIM RECEIVER

        1. 6.51.Application for appointment of interim receiver

        2. 6.52.Order of appointment

        3. 6.53.Deposit

        4. 6.54.Security

        5. 6.55.Failure to give or keep up security

        6. 6.56.Remuneration

        7. 6.57.Termination of appointment

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

        1. SECTION A: CREDITOR'S PETITION

          1. 6.58.Preliminary

          2. 6.59.The statement of affairs

          3. 6.60.Verification and filing

          4. 6.61.Limited disclosure

          5. 6.62.Release from duty to submit statement of affairs; extension of time

          6. 6.63.Expenses of statement of affairs

          7. 6.64.Requirement to submit accounts

          8. 6.65.Submission and filing of accounts

          9. 6.66.Further disclosure

        2. SECTION B: DEBTOR'S PETITION

          1. 6.67.Preliminary

          2. 6.68.Contents of statement

          3. 6.69.Requirement to submit accounts

          4. 6.70.Submission and filing of accounts

          5. 6.71.Expenses of preparing accounts

          6. 6.72.Further disclosure

      6. CHAPTER 6 INFORMATION TO CREDITORS

        1. 6.73.General duty of official receiver

        2. 6.74.Those entitled to be informed

        3. 6.75.Report where statement of affairs lodged

        4. 6.76.Statement of affairs dispensed with

        5. 6.77.General rule as to reporting

        6. 6.78.Bankruptcy order annulled

      7. CHAPTER 7 CREDITORS' MEETINGS

        1. 6.79.First meeting of creditors

        2. 6.80.Business at first meeting

        3. 6.81.General power to call meetings

        4. 6.82.The chairman at a meeting

        5. 6.83.Requisitioned meetings

        6. 6.84.Attendance at meeting of bankrupt, etc

        7. 6.85.Notice of meetings by advertisement only

        8. 6.86.Venue of meetings

        9. 6.87.Expenses of summoning meetings

        10. 6.88.Resolutions

        11. 6.89.Chairman of meeting as proxy-holder

        12. 6.90.Suspension of meeting

        13. 6.91.Adjournment

        14. 6.92.Quorum

        15. 6.93.Entitlement to vote

        16. 6.94.Admission and rejection of proof

        17. 6.95.Record of proceedings

      8. CHAPTER 8 PROOF OF BANKRUPTCY DEBTS

        1. SECTION A: PROCEDURE FOR PROVING

          1. 6.96.Meaning of “prove”

          2. 6.97.Supply of forms

          3. 6.98.Contents of proof

          4. 6.99.Claim established by affidavit

          5. 6.100.Cost of proving

          6. 6.101.Trustee to allow inspection of proofs

          7. 6.102.Proof of licensed moneylender

          8. 6.103.Transmission of proofs to trustee

          9. 6.104.Admission and rejection of proofs for dividend

          10. 6.105.Appeal against decision on proof

          11. 6.106.Withdrawal or variation of proof

          12. 6.107.Expunging of proof by the court

        2. SECTION B: QUANTIFICATION OF CLAIM

          1. 6.108.Negotiable instruments, etc

          2. 6.109.Secured creditors

          3. 6.110.Discounts

          4. 6.111.Debt in foreign currency

          5. 6.112.Payments of a periodical nature

          6. 6.113.Interest

          7. 6.114.Debt payable at future time

      9. CHAPTER 9 SECURED CREDITORS

        1. 6.115.Value of security

        2. 6.116.Surrender for non-disclosure

        3. 6.117.Redemption by trustee

        4. 6.118.Test of security's value

        5. 6.119.Realisation of security by creditor

      10. CHAPTER 10 THE TRUSTEE IN BANKRUPTCY

        1. SECTION A: APPOINTMENT AND ASSOCIATED FORMALITIES

          1. 6.120.Appointment by creditors' meeting

          2. 6.121.Appointment by the court

          3. 6.122.Appointment by Secretary of State

          4. 6.123.Authentication of trustee's appointment

          5. 6.124.Advertisement of appointment

          6. 6.125.Hand-over of estate to trustee

        2. SECTION B: RESIGNATION AND REMOVAL; VACATION OF OFFICE

          1. 6.126.Creditors' meeting to receive trustee's resignation

          2. 6.127.Action following acceptance of resignation

          3. 6.128.Leave to resign granted by the court

          4. 6.129.Meeting of creditors to remove trustee

          5. 6.130.Court's power to regulate meeting under Rule 6.129

          6. 6.131.Procedure on removal

          7. 6.132.Removal of trustee by the court

          8. 6.133.Removal of trustee by Secretary of State

          9. 6.134.Advertisement of resignation or removal

          10. 6.135.Release of resigning or removed trustee

        3. SECTION C: RELEASE ON COMPLETION OF ADMINISTRATION

          1. 6.136.Release of official receiver

          2. 6.137.Final meeting of creditors

        4. SECTION D: REMUNERATION

          1. 6.138.Fixing of remuneration

          2. 6.139.Other matters affecting remuneration

          3. 6.140.Recourse of trustee to meeting of creditors

          4. 6.141.Recourse to the court

          5. 6.142.Creditor's claim that remuneration is excessive

        5. SECTION E: SUPPLEMENTARY PROVISIONS

          1. 6.143.Trustee deceased

          2. 6.144.Loss of qualification as insolvency practitioner

          3. 6.145.Notice to official receiver of intention to vacate office

          4. 6.146.Trustee's duties on vacating office

          5. 6.147.Power of court to set aside certain transactions

          6. 6.148.Rule against solicitation

          7. 6.149.Enforcement of trustee's obligations to official receiver

      11. CHAPTER 11 THE CREDITORS' COMMITTEE

        1. 6.150.Membership of creditors' committee

        2. 6.151.Formalities of establishment

        3. 6.152.Obligations of trustee to committee

        4. 6.153.Meetings of the committee

        5. 6.154.The chairman at meetings

        6. 6.155.Quorum

        7. 6.156.Committee-members' representatives

        8. 6.157.Resignation

        9. 6.158.Termination of membership

        10. 6.159.Removal

        11. 6.160.Vacancies

        12. 6.161.Voting rights and resolutions

        13. 6.162.Resolutions by post

        14. 6.163.Trustee's reports

        15. 6.164.Expenses of members etc

        16. 6.165.Dealings by committee-members and others

        17. 6.166.Committee's functions vested in Secretary of State

      12. CHAPTER 12 SPECIAL MANAGER

        1. 6.167.Appointment and remuneration

        2. 6.168.Security

        3. 6.169.Failure to give or keep up security

        4. 6.170.Accounting

        5. 6.171.Termination of appointment

      13. CHAPTER 13 PUBLIC EXAMINATION OF BANKRUPT

        1. 6.172.Order for public examination

        2. 6.173.Order on request by creditors

        3. 6.174.Bankrupt unfit for examination

        4. 6.175.Procedure at hearing

        5. 6.176.Adjournment

        6. 6.177.Expenses of examination

      14. CHAPTER 14 DISCLAIMER

        1. 6.178.Trustee's notice of disclaimer

        2. 6.179.Communication of disclaimer to persons interested

        3. 6.180.Additional notices

        4. 6.181.Duty to keep court informed

        5. 6.182.Application for leave to disclaim

        6. 6.183.Application by interested party under s. 316

        7. 6.184.Interest in property to be declared on request

        8. 6.185.Disclaimer presumed valid and effective

        9. 6.186.Application for exercise of court's powers under s.320

      15. CHAPTER 15 REPLACEMENT OF EXEMPT PROPERTY

        1. 6.187.Purchase of replacement property

        2. 6.188.Money provided in lieu of sale

      16. CHAPTER 16 INCOME PAYMENTS ORDERS

        1. 6.189.Application for order

        2. 6.190.Action to follow making of order

        3. 6.191.Variation of order

        4. 6.192.Order to payor of income: administration

        5. 6.193.Review of order

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

        1. 6.194.Application for order

        2. 6.195.Making and service of the order

        3. 6.196.Custody of documents

      18. CHAPTER 18 MORTGAGED PROPERTY

        1. 6.197.Claim by mortgagee of land

        2. 6.198.Power of court to order sale

        3. 6.199.Proceeds of sale

      19. CHAPTER 19 AFTER-ACQUIRED PROPERTY

        1. 6.200.Duties of bankrupt in respect of after-acquired property

        2. 6.201.Trustee's recourse to disponee of property

        3. 6.202.Expenses of getting in property for the estate

      20. CHAPTER 20 LEAVE TO ACT AS DIRECTOR, ETC

        1. 6.203.Application for leave

        2. 6.204.Report of official receiver

        3. 6.205.Court's order on application

      21. CHAPTER 21 ANNULMENT OF BANKRUPTCY ORDER

        1. 6.206.Application for annulment

        2. 6.207.Report by trustee

        3. 6.208.Power of court to stay proceedings

        4. 6.209.Notice to creditors who have not proved

        5. 6.210.The hearing

        6. 6.211.Matters to be proved under s.282(1)(b)

        7. 6.212.Notice to creditors

        8. 6.213.Other matters arising on annulment

        9. 6.214.Trustee's final account

      22. CHAPTER 22 DISCHARGE

        1. 6.215.Application for suspension of discharge

        2. 6.216.Lifting of suspension of discharge

        3. 6.217.Application by bankrupt for discharge

        4. 6.218.Report of official receiver

        5. 6.219.Order of discharge on application

        6. 6.220.Certificate of discharge

        7. 6.221.Deferment of issue of order pending appeal

        8. 6.222.Costs under this Chapter

        9. 6.223.Bankrupt's debts surviving discharge

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

        1. 6.224.General rule as to priority

      24. CHAPTER 24 SECOND BANKRUPTCY

        1. 6.225.Scope of this Chapter

        2. 6.226.General duty of existing trustee

        3. 6.227.Delivery up to later trustee

        4. 6.228.Existing trustee's expenses

      25. CHAPTER 25 CRIMINAL BANKRUPTCY

        1. 6.229.Presentation of petition

        2. 6.230.Status and functions of Official Petitioner

        3. 6.231.Interim receivership

        4. 6.232.Proof of bankruptcy debts and notice of order

        5. 6.233.Meetings under the Rules

        6. 6.234.Trustee in bankruptcy; creditors' committee; annulment of bankruptcy order

      26. CHAPTER 26 MISCELLANEOUS RULES IN BANKRUPTCY

        1. 6.235.Bankruptcy of solicitors

        2. 6.236.Consolidation of petitions

        3. 6.237.Bankrupt's dwelling-house and home

  5. THE THIRD GROUP OF PARTS

    1. PART 7 COURT PROCEDURE AND PRACTICE

      1. CHAPTER 1 APPLICATIONS

        1. 7.1.Preliminary

        2. 7.2.Interpretation

        3. 7.3.Form and contents of application

        4. 7.4.Filing and service of application

        5. 7.5.Other hearings ex parte

        6. 7.6.Hearing of application

        7. 7.7.Use of affidavit evidence

        8. 7.8.Filing and service of affidavits

        9. 7.9.Use of reports

        10. 7.10.Adjournment of hearing; directions

      2. CHAPTER 2 TRANSFER OF PROCEEDINGS BETWEEN COURTS

        1. 7.11.General power of transfer

        2. 7.12.Proceedings commenced in wrong court

        3. 7.13.Applications for transfer

        4. 7.14.Procedure following order for transfer

        5. 7.15.Consequential transfer of other proceedings

      3. CHAPTER 3 SHORTHAND WRITERS

        1. 7.16.Nomination and appointment of shorthand writers

        2. 7.17.Remuneration

        3. 7.18.Cost of shorthand note

      4. CHAPTER 4 ENFORCEMENT PROCEDURES

        1. 7.19.Enforcement of court orders

        2. 7.20.Orders enforcing compliance with the Rules

        3. 7.21.Warrants (general provisions)

        4. 7.22.Warrants under ss.134, 364

        5. 7.23.Warrants under ss.236, 366

        6. 7.24.Execution of warrants outside court's district

        7. 7.25.Warrants under s.365

      5. CHAPTER 5 COURT RECORDS AND RETURNS

        1. 7.26.Title of proceedings

        2. 7.27.Court records

        3. 7.28.Inspection of records

        4. 7.29.Returns to Secretary of State

        5. 7.30.File of court proceedings

        6. 7.31.Right to inspect the file

        7. 7.32.Filing of Gazette notices and advertisements

      6. CHAPTER 6 COSTS AND TAXATION

        1. 7.33.Application of Rules of Supreme Court and County Court Rules

        2. 7.34.Requirement to tax costs

        3. 7.35.Procedure where taxation required

        4. 7.36.Costs of sheriff

        5. 7.37.Petitions presented by insolvents

        6. 7.38.Costs paid otherwise than out of the insolvent estate

        7. 7.39.Award of costs against official receiver or responsible insolvency practitioner

        8. 7.40.Applications for costs

        9. 7.41.Costs and expenses of witnesses

        10. 7.42.Certificate of taxation

      7. CHAPTER 7 PERSONS INCAPABLE OF MANAGING THEIR AFFAIRS

        1. 7.43.Introductory

        2. 7.44.Appointment of another person to act

        3. 7.45.Affidavit in support of application

        4. 7.46.Service of notices following appointment

      8. CHAPTER 8 APPEALS IN INSOLVENCY PROCEEDINGS

        1. 7.47.Appeals and reviews of court orders (winding up)

        2. 7.48.Appeals in bankruptcy

        3. 7.49.Procedure on appeal

        4. 7.50.Appeal against decision of Secretary of State or official receiver

      9. CHAPTER 9 GENERAL

        1. 7.51.Principal court rules and practice to apply

        2. 7.52.Right of audience

        3. 7.53.Right of attendance (company insolvency)

        4. 7.54.Insolvency practitioner's solicitor

        5. 7.55.Formal defects

        6. 7.56.Restriction on concurrent proceedings and remedies

        7. 7.57.Affidavits

        8. 7.58.Security in court

        9. 7.59.Payment into court

        10. 7.60.Discovery

        11. 7.61.Office copies of documents

    2. PART 8 PROXIES AND COMPANY REPRESENTATION

      1. 8.1.Definition of “proxy”

      2. 8.2.Issue and use of forms

      3. 8.3.Use of proxies at meetings

      4. 8.4.Retention of proxies

      5. 8.5.Right of inspection

      6. 8.6.Proxy-holder with financial interest

      7. 8.7.Company representation

    3. PART 9 EXAMINATION OF PERSONS CONCERNED IN COMPANY AND INDIVIDUAL INSOLVENCY

      1. 9.1.Preliminary

      2. 9.2.Form and contents of application

      3. 9.3.Order for examination, etc

      4. 9.4.Procedure for examination

      5. 9.5.Record of examination

      6. 9.6.Costs of proceedings under ss.236, 366

    4. PART 10 OFFICIAL RECEIVERS

      1. 10.1.Appointment of official receivers

      2. 10.2.Persons entitled to act on official receiver's behalf

      3. 10.3.Application for directions

      4. 10.4.Official receiver's expenses

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

      1. 11.1.Preliminary

      2. 11.2.Notice of intended dividend

      3. 11.3.Final admission/rejection of proofs

      4. 11.4.Postponement or cancellation of dividend

      5. 11.5.Decision to declare dividend

      6. 11.6.Notice of declaration

      7. 11.7.Notice of no, or no further, dividend

      8. 11.8.Proof altered after payment of dividend

      9. 11.9.Secured creditors

      10. 11.10.Disqualification from dividend

      11. 11.11.Assignment of right to dividend

      12. 11.12.Preferential creditors

      13. 11.13.Debt payable at future time

    6. PART 12 MISCELLANEOUS AND GENERAL

      1. 12.1.Power of Secretary of State to regulate certain matters

      2. 12.2.Costs, expenses, etc

      3. 12.3.Provable debts

      4. 12.4.Notices

      5. 12.5.Evidence of proceedings at meetings

      6. 12.6.Documents issuing from Secretary of State

      7. 12.7.Forms for use in insolvency proceedings

      8. 12.8.Insolvency practitioner's security

      9. 12.9.Time-limits

      10. 12.10.Service by post

      11. 12.11.General provisions as to service

      12. 12.12.Service outside the jurisdiction

      13. 12.13.Confidentiality of documents

      14. 12.14.Notices sent simultaneously to the same person

      15. 12.15.Right to copy documents

      16. 12.16.Non-receipt of notice of meeting

      17. 12.17.Right to have list of creditors

      18. 12.18.False claim of status as creditor, etc

      19. 12.19.Execution overtaken by judgment debtor's insolvency

      20. 12.20.The Gazette

      21. 12.21.Punishment of offences

    7. PART 13 INTERPRETATION AND APPLICATION

      1. 13.1.Introductory

      2. 13.2.“The court”; “the registrar”

      3. 13.3.“Give notice”, etc

      4. 13.4.Notice, etc. to solicitors

      5. 13.5.Notice to joint liquidators, joint trustees, etc

      6. 13.6.“Venue”

      7. 13.7.“Insolvency proceedings”

      8. 13.8.“Insolvent estate”

      9. 13.9.“Responsible insolvency practitioner”, etc

      10. 13.10.“Petitioner”

      11. 13.11.“The appropriate fee”

      12. 13.12.“Debt”, “liability” (winding up)

      13. 13.13.Expressions used generally

      14. 13.14.Application

  6. Signature

    1. SCHEDULE 1

      DEPOSIT PROTECTION BOARD'S VOTING RIGHTS

      1. 1.This Schedule applies as does Rule 4.72.

      2. 2.In relation to any meeting at which the Deposit Protection...

      3. 3.The statement shall contain details of— (a) the names of...

      4. 4.The Board's statement shall, for the purpose of voting at...

      5. 5.Any voting rights which a creditor might otherwise exercise at...

      6. 6.The Board may from time to time submit a further...

    2. SCHEDULE 2

      ALTERNATIVE COURTS FOR DEBTORS' PETITIONS IN BANKRUPTCY

    3. SCHEDULE 3

      SHORTHAND WRITERS' REMUNERATION

      1. 4.In addition to the items in paragraphs 1 to 3...

      2. 5.The amounts shown in paragraph 4 are subject to a...

      3. Note.The rate at which London weighting allowances are payable is...

    4. SCHEDULE 4

      FORMS

    5. SCHEDULE 5

      PUNISHMENT OF OFFENCES UNDER THE RULES

      1. Note: In the fourth and fifth columns of this Schedule,...

  8. Explanatory Note

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources