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Rule 5.14 Nominee’s report to the courtF1

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)

The nominee shall deliver 2 copies of his report to the court (as defined in Rule 5.15) under section 256A within 14 days (or such longer period as the court may allow) after receiving from the debtor the document and statement mentioned in section 256A(2) but the court shall not consider the report unless an application is made under the Act or these Rules in relation to the debtor’s proposal.

(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));

(b)

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

(c)

a copy of the notice referred to in Rule 5.4(3),

together with 2 copies of Form 5.5 listing the documents referred to in (a) to (c) above and containing a statement that no application for an interim order under section 252 is to be made.

(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 and Form 5.5 cause one copy of the form 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.

(8)

The filing in court of the report under section 256A shall constitute an insolvency proceeding for the purpose of Rule 7.27 and Rule 7.30.

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))