C3C4C5C6 Part VIII Individual Voluntary Arrangements

Annotations:
Modifications etc. (not altering text)
C3

Pt. VIII (ss. 252-263) applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 5

C4

Pt. VIII (ss. 252-263) restricted (6.4.1996 for the purpose only of authorising the making of regulations) by 1995 c. 26, ss. 91(3), 180(1) (with s. 121(5)); S.I. 1996/778, art. 2(5)(a). Sch. Pt. V

C5

Pt. VIII (ss. 252–263) applied with modifications by S.I. 1986/2142, arts. 1(2), 11, 13(3), 15

C6

Second Group of Parts (Pts. 8-11) modified (31.12.1996) by 1991 c. 57, Sch. 10 (as substituted by 1995 c. 25, s. 120(1), Sch. 22 para. 183 (with ss. 7(6), 115, 117); S.I. 1996/2909, art. 3)

Second Group of Parts (Pts. 8-11) modified (11.11.1999 for specified purposes and 6.4.2002 otherwise) by 1999 c. 30, s. 12(1); S.I. 2002/153, art. 2(b)

Consideration and implementation of debtor’s proposal

C1C2262 Challenge of F16creditors' decision.

1

Subject to this section, an application to the court may be made, by any of the persons specified below, on one or both of the following grounds, namely—

a

that a voluntary arrangement approved by F5a decision of the debtor's creditors pursuant to section 257 unfairly prejudices the interests of a creditor of the debtor;

b

that there has been some material irregularity F6in relation to a creditors' decision procedure instigated under that section.

2

The persons who may apply under this section are—

a

the debtor;

F1b

a person who—

i

was entitled, in accordance with the rules, to vote F7in the creditors' decision procedure, or

ii

would have been so entitled if he had had notice of it

c

the nominee (or his replacement under section F2256(3), 256A(4) or 258(3)); and

d

if the debtor is an undischarged bankrupt, the trustee of his estate or the official receiver.

3

An application under this section shall not be made

F3a

after the end of the period of 28 days beginning with the day on which F4the creditors decided whether to approve the proposed voluntary arrangement or, where a report was required to be made to the court under section 259(1)(b), the day on which the report was madeF3or

b

in the case of a person who was not given notice of the F8creditors' decision procedure, after the end of the period of 28 days beginning with the day on which he became aware that F9a decision as to whether to approve the proposed voluntary arrangement had been made,

but (subject to that) an application made by a person within subsection (2)(b)(ii) on the ground that the arrangement prejudices his interests may be made after the arrangement has ceased to have effect, unless it has come to an end prematurely.

4

Where on an application under this section the court is satisfied as to either of the grounds mentioned in subsection (1), it may do one or both of the following, namely—

a

revoke or suspend any approval given by F10a decision of the debtor's creditors;

F11b

direct any person to seek a decision from the debtor's creditors (using a creditors' decision procedure) as to whether they approve—

i

any revised proposal the debtor may make, or

ii

in a case falling within subsection (1)(b), the debtor's original proposal.

5

Where at any time after giving a direction under subsection (4)(b) F12in relation to a revised proposal the court is satisfied that the debtor does not intend to submit such a proposal, the court shall revoke the direction and revoke or suspend any approval F13previously given by the debtor's creditors.

6

Where the court gives a direction under subsection (4)(b), it may also give a direction continuing or, as the case may require, renewing, for such period as may be specified in the direction, the effect in relation to the debtor of any interim order.

7

In any case where the court, on an application made under this section with respect to a creditors’ F14decision, gives a direction under subsection (4)(b) or revokes or suspends an approval under subsection (4)(a) or (5), the court may give such supplemental directions as it thinks fit and, in particular, directions with respect to—

a

things done since the F14decision under any voluntary arrangement approved by the meeting, and

b

such things done since the F14decision as could not have been done if any interim order had been in force in relation to the debtor when they were done.

8

Except in pursuance of the preceding provisions of this section, F15the approval of a voluntary arrangement by a decision of the debtor's creditors pursuant to section 257 is not invalidated by any irregularity in relation to the creditors' decision procedure by which the decision was made.