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Rule 14.19 Realisation or surrender of security by creditorC1

(1)

If a creditor who has valued a security subsequently realises the security (whether or not at the instance of the office-holder)—

(a)

the net amount realised must be treated in all respects (including in relation to any valuation in a proof) as an amended valuation made by the creditor; and

(b)

the creditor may prove for the balance of the creditor's debt.

(2)

A creditor who voluntarily surrenders a security may prove for the whole of the creditor's debt as if it were unsecured.

Annotations

Modifications

C1

Rules 14.1-14.24 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 86-103, Sch. (with rule 2(2))

Notes on Part 14

Textual amendments

F1

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)

Notes on Chapter 2

Textual amendments

F1

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)