The Insolvency (England and Wales) Rules 2016

Conversion into winding up proceedings or bankruptcy: application E+W

21.2.—(1) This rule applies where a member State liquidator in main proceedings applies to the court under Article 37 of the EC Regulation for—

(a) conversion into winding-up proceedings of a CVA or an administration, or

(b) conversion of an IVA into a bankruptcy.

(2) A witness statement made by or on behalf of the member State liquidator must be filed with the court in support of the application.

(3) The witness statement must state—

(a) that main proceedings have been opened in relation to the company or, as the case may be, the debtor in a member State other than the United Kingdom;

(b) the belief of the person making the statement that the conversion of the CVA or administration into winding-up proceedings or the IVA into a bankruptcy would prove to be in the interests of the creditors in the main proceedings;

(c) where the application is for conversion into winding-up proceedings of a CVA or an administration, in the opinion of the person making the statement, into which proceedings the CVA or administration should be converted; and

(d) all other matters that, in the opinion of the member State liquidator, would assist the court in—

(i) deciding whether to make such an order, and

(ii) considering whether and, if so, what consequential provision to include.

(4) The application and the witness statement must be served upon—

(a) the company or the debtor, as the case may be; and

(b) the supervisor or the administrator, as the case may be.