Rule 14.3 Proving a debtC1

(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.