Paragraph Rule 11 Subsequent proof by creditor
England and Wales
Any creditor whose debt is not scheduled to an administration order, and any person who after the date of the order became a creditor of the debtor, shall, if F1that creditor wishes to prove F2that debt, send particulars of F3the claim to the court officer, who shall give notice of it to the debtor and to every creditor whose debt is so scheduled.
If neither the debtor nor any creditor gives notice to the court officer, within 7 days after receipt of notice under paragraph (1), that F4they object to the claim, then, unless it is required by the court to be supported by evidence, the claim shall be taken to be proved.
If the debtor or a creditor gives notice of objection within the said period of 7 days or the court requires the claim to be supported by evidence, the court officer shall fix a day for consideration of the claim and give notice of it to the debtor, the creditor by whom the claim was made and the creditor, if any, making the objection, and on the hearing the court may either disallow the claim or allow it in whole or in part.
If a claim is taken to be proved under paragraph (2) or allowed under paragraph (3), the debt shall be added to the schedule to the order and a copy of the order shall then be sent to the creditor by whom the claim was made.
Annotations
Textual amendments
- F1
Words in Sch. 2 CCR Order 39 rule 11(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(i)(aa) (with rule 25)
- F2
Word in Sch. 2 CCR Order 39 rule 11(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(i)(bb) (with rule 25)
- F3
Word in Sch. 2 CCR Order 39 rule 11(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(i)(cc) (with rule 25)
- F4
Words in Sch. 2 CCR Order 39 rule 11(2) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(i)(ii) (with rule 25)
Notes on Schedule 2
Modifications
- C1
Sch. 1, Sch. 2 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
- C2
Sch. 2 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.1(2) (with rules 2.1, 33.1(1))
- C3
Sch. 2 CCR Order 27 applied (with modifications) (22.4.2014) by S.I. 2010/2955, rules 33.19, 33.19A (as substituted by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 37 (with rule 45))