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Rule 5.11 Nominee’s report on the proposalF1

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)

Where the nominee makes his report to the court under section 256, he shall deliver 2 copies of it to the court not less than 2 days before the interim order ceases to have effect.

(2)

With his report the nominee shall deliver—

(a)

a copy of the debtor’s proposal (with amendments, if any, authorised under Rule 5.3(3)); and

(b)

a copy or summary of any statement of affairs provided by the debtor.

(3)

If the nominee makes known his opinion that the debtor’s proposal has a reasonable prospect of being approved and implemented, and that a meeting of the debtor’s creditors should be summoned under section 257, his report shall have annexed to it his comments on the debtor’s proposal.

  • If his opinion is otherwise, he shall give his reasons for that opinion.

(4)

The court shall upon receipt of the report cause one copy of the report to be endorsed with the date of its filing in court and returned to the nominee.

(5)

Any creditor of the debtor is entitled, at all reasonable times on any business day, to inspect the file.

(6)

Where the debtor is an undischarged bankrupt, the nominee shall send to the official receiver and (if any) the trustee—

(a)

a copy of the debtor’s proposal,

(b)

a copy of his (the nominee's) report and his comments accompanying it (if any), and

(c)

a copy or summary of the debtor’s statement of affairs.

(7)

Where the debtor is not an undischarged bankrupt, the nominee shall send a copy of each of the documents referred to in paragraph (6) to any person who has presented a bankruptcy petition against the debtor.

Annotations

Textual amendments

F1

Pt. 5 substituted (1.1.2003) by The Insolvency (Amendment) (No. 2) Rules 2002 (S.I. 2002/2712), rule 1(1), Sch. para. 24 (with rule 3(2))