The new Insolency Rules will come into force on 6th April 2017.

Oct 2019


Chris Millar

The new Insolency Rules will come into force on 6th April 2017.

The major changes are:-

  • They adopt and extend use of e-mail communication and website document portals.
  • Abolition of requirements to hold meetings (but not in all circumstances).
  • Ability for creditors to opt not to receive certain notices.
  • Debtors with claims of less than £1,000 do not need to file a proof.
  • Deemed consent of IP’s decision unless 10% in value or number, or 10 creditors object.
  • Corporate; filed Statement of Affairs need not contain details of creditors who are employees, ex-employees or consumer customers.
  • Bankruptcy; enables the appointment of an IP as an interim receiver after the presentation of a creditor’s bankruptcy petition.
  • Bankruptcy; repeals the automatic requirement for a bankrupt to produce a Statement of Affairs following a creditor’s bankruptcy petition.
  • Abolition of receiver and manager function of OR so that the OR will become trustee in bankruptcy on the making of a bankruptcy order unless the Court appoints someone else.

The Rules contain many other amendments which will feature as a topic in our IP seminar next year.

Contact Chris Millar on 01306 502225 or [email protected] for further information.

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