PART 14CLAIMS BY AND DISTRIBUTIONS TO CREDITORS IN F1A MORATORIUM, ADMINISTRATION, WINDING UP AND BANKRUPTCY
CHAPTER 2Creditors' claims in F2a moratorium, administration, winding up and bankruptcy
Words in Pt. 14 Ch. 2 heading inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 54 (with rules 4, 5)
Proving a debtC114
1
A creditor wishing to recover a debt must submit a proof to the office-holder unless—
a
this rule or an order of the court provides otherwise; or
b
it is a members' voluntary winding up in which case the creditor is not required to submit a proof unless the liquidator requires one to be submitted.
2
A creditor is deemed to have proved—
a
in a winding up immediately preceded by an administration, where the creditor has already proved in the administration; or
b
in an administration immediately preceded by a winding up, where the creditor has already proved in the winding up.
3
A creditor is deemed to have proved for the purposes of determination and payment of a dividend but not otherwise where—
a
the debt is a small debt;
b
a notice has been delivered to the creditor of intention to declare a dividend or make a distribution under rule 14.29 which complies with rule 14.31 (further contents of notice to creditors owed small debts); and
c
the creditor has not advised the office-holder that the debt is incorrect or not owed in response to the notice.
Words in Pt. 14 heading inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 52 (with rules 4, 5)