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The Insolvency Rules 1986

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Changes over time for: Section 4.85

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Expunging of proof by the courtE+W

4.85.—(1) The court may expunge a proof or reduce the amount claimed—

(a)on the liquidator's application, where he thinks that the proof has been improperly admitted, or ought to be reduced; or

(b)on the application of a creditor, if the liquidator declines to interfere in the matter.

(2) Where application is made to the court under this Rule, the court shall fix a venue for the application to be heard, notice of which shall be sent by the applicant—

(a)in the case of an application by the liquidator, to the creditor who made the proof, and

(b)in the case of an application by a creditor, to the liquidator and to the creditor who made the proof (if not himself).

Commencement Information

I1Rule 4.85 in force at 29.12.1986, see rule 0.1

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