Rule 4.96 Surrender for non-disclosureI1
England and Wales
If a secured creditor omits to disclose his security in his proof of debt, he shall surrender his security for the general benefit of creditors, unless the court, on application by him, relieves him for the effect of this Rule on the ground that the omission was inadvertent or the result of honest mistake.
If the court grants that relief, it may require or allow the creditor's proof of debt to be amended, on such terms as may be just.
Nothing in this Rule or the following two Rules may affect the rights in rem of creditors or third parties protected under Article 5 of the EC Regulation (third parties' rights in rem).
Annotations
Textual amendments
- F1
Rule 4.96(3) inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 6(8) (with rule 3)