The Insolvency (England and Wales) Rules 2016 No. 1024

PART 12 COURT PROCEDURE AND PRACTICE

CHAPTER 4 Making applications to court: specific applications

Sub-division A: Applications in connection with section 176A (prescribed part)

Applications under section 176A(5) to disapply section 176A

12.14.—(1) An application under section 176A(5) must be accompanied by a witness statement of the liquidator, administrator or receiver.

(2) The witness statement must state—

(a) the type of insolvency proceedings in which the application arises;

(b) a summary of the financial position of the company;

(c) the information substantiating the applicant’s view that the cost of making a distribution to unsecured creditors would be disproportionate to the benefits; and

(d) whether any other office-holder is acting in relation to the company and, if so, that office-holder’s address.