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Rule 5.17 Summoning of creditors' meetingF1

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)

If in his report the nominee states that in his opinion a meeting of creditors should be summoned to consider the debtor’s proposal, the date on which the meeting is to be held shall be—

(a)

in a case where an interim order has not been obtained, not less than 14 days and not more than 28 days from that on which the nominee’s report is filed in court under Rule 5.14; and

(b)

in a case where an interim order is in force, not less than 14 days from the date on which the nominee’s report is filed in court nor more than 28 days from that on which the report is considered by the court.

(2)

Notices calling the meeting shall be sent by the nominee, at least 14 days before the day fixed for it to be held, to all the creditors specified in the debtor’s statement of affairs, and any other creditors of whom the nominee is otherwise aware.

(3)

Each notice sent under this Rule shall specify the court to which the nominee’s report on the debtor’s proposal has been delivered and shall state the effect of Rule 5.23(1), (3) and (4) (requisite majorities); and with it there shall be sent—

(a)

a copy of the proposal,

(b)

a copy of the statement of affairs or, if the nominee thinks fit, a summary of it (the summary to include a list of the creditors and the amounts of their debts), and

(c)

the nominee’s comments on the proposal.

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))