# The Insolvency (England and Wales) Rules 2016, Rule 14.3: Proving a debt


(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.

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Source: https://www.legislation.gov.uk/uksi/2016/1024/rule/14.3 (the official version)
Page: https://openlegislation.uk/insolvency-england-and-wales-rules-2016/rule-14.3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

