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Rule 12.17 Right to have list of creditorsI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

This Rule applies in any of the following proceedings—

(a)

proceedings under Part II of the Act (company administration),

(b)

a creditors' voluntary winding up, or a winding up by the court, and

(c)

proceedings in bankruptcy.

(2)

In any such proceedings a creditor who under the Rules has the right to inspect documents on the court file also has the right to require the responsible insolvency practitioner to furnish him with a list of the insolvent's creditors and the amounts of their respective debts.

This does not apply if a statement of the insolvent's affairs has been filed in court or, in the case of a creditors' voluntary winding up, been delivered to the registrar of companies.

F1(2A)

For the purpose of this Rule a member State liquidator appointed in main proceedings in relation to a person is deemed to be a creditor.

(3)

The insolvency practitioner, on being required by any person to furnish the list, shall send it to him, but is entitled to charge the appropriate fee for doing so.

Annotations

Textual amendments

F1

Rule 12.17(2A) inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 10(6) (with rule 3)

Commencement

I1

Rule 12.17 in force at 29.12.1986, see rule 0.1