The Insolvency (Amendment) Rules 1987

SECTION 6: AMENDMENT OF PART 5 OF THE RULES

Amendment of Rule 5.3

83.  In subparagraph (c)(iii) of paragraph (2) of Rule 5.3 for the words from the beginning to “(extortionate credit transactions),” there shall be substituted the following:—

“(iii) in Case 1 whether, to the debtor’s knowledge, claims have been made under section 339 (transactions at an undervalue), section 340 (preferences) or section 343 (extortionate credit transactions), or there are circumstances giving rise to the possibility of such claims, and in Case 2 whether there are circumstances which would give rise to the possibility of such claims in the event that he should be adjudged bankrupt,”.

Amendment of Rule 5.5

84.  In paragraph (2) of Rule 5.5 after the words “agrees so to act,” there shall be inserted the words “and a copy of the debtor’s proposal given to the nominee under that Rule”.

Insertion of Rule 5.5A

85.  After Rule 5.5 there shall be inserted the following rule:—

“Court in which application to be made

5.5A.— (1) Except in the case of a bankrupt, an application to the court under Part VIII of the Act shall be made to a court in which the debtor would be entitled to present his own petition in bankruptcy under Rule 6.40.

(2) The application shall contain sufficient information to establish that it is brought in the appropriate court.

(3) In the case of a bankrupt such an application shall be made to the court having the conduct of his bankruptcy and shall be filed with those bankruptcy proceedings.”.

Amendment of Rule 5.10

86.  In paragraph (5) of Rule 5.10 after the words “official receiver” there shall be inserted the words “and (if any) the trustee”.

Amendment of Rule 5.13

87.  In paragraph (1) of Rule 5.13 the words “, nor more than 28,” shall be omitted and at the end there shall be added the words “, nor more than 28 days from that on which that report is considered by the court under Rule 5.12”.

Amendment of Rule 5.22

88.  In paragraph (4) of Rule 5.22 there shall be inserted at the end the words “and, in Case 1, the official receiver and (if any) the trustee”.

Amendment of Rule 5.23

89.  In paragraph (1) of Rule 5.23 for the words “this Part of the Rules” there shall be substituted the words “Rules 5.24, 5.25 and 5.29”.

Amendment of Rule 5.25

90.  In paragraph (4) of Rule 5.25 for the words “official receiver or the trustee” there shall be substituted the words “trustee, or if there is no trustee, the official receiver”.