Rule 20.3 IVA (order for non-disclosure of current address)

(1)

This rule applies where a debtor has entered into an IVA.

(2)

The following may make an application for an order as set out in paragraph (4) for the non-disclosure of the debtor's current address—

(a)

the debtor;

(b)

the supervisor;

(c)

the official receiver (whether acting as a supervisor or otherwise); and

(d)

the Secretary of State.

(3)

The application must be accompanied by a witness statement referring to this rule and containing sufficient evidence to satisfy the court that rule 20.1(1) applies.

(4)

If the court is satisfied that the circumstances set out in rule 20.1(1) apply, the court may order that—

(a)

the debtor's current address must be omitted from—

(i)

any part of the court file of the proceedings in relation to the debtor which is open to inspection,

(ii)

the debtor's identification details entered or required to be entered on the individual insolvency register under rule 11.14, and

(iii)

any notice or advertisement under rule 8.35 of an order under section 261 to annul the bankruptcy order where an IVA is approved; and

(b)

where there is a requirement in these Rules to identify the debtor, the debtor's identification details must not include the debtor's current address.

(5)

Where the court makes such an order, it may further order that the details to be entered on the individual insolvency register must include instead such other details of the debtor's addresses or whereabouts as the court thinks just, including details of any address at which the debtor has previously resided or carried on business.