Rule 5.42 Procedure for admission of creditors' claims for voting purposesF1F2
The official receiver has the power to admit or reject a creditor’s claim for the purpose of his entitlement to vote, and the power is exercisable with respect to the whole or part of the claim.
The official receiver’s decision on entitlement to vote is subject to appeal to the court by any creditor or the debtor.
If on appeal the official receiver’s decision is reversed or varied, or votes are declared invalid, the court may order another vote to be held, or make such order as it thinks just.
The court’s power to make an order under this paragraph is exercisable only if it considers that the circumstances giving rise to the appeal are such as give rise to unfair prejudice or material irregularity.
An application to the court by way of appeal against the official receiver’s decision shall not be made after the end of the period of 28 days beginning with the day on which the report required by section 263C is made to the court.
The official receiver is not personally liable for any costs incurred by any person in respect of an appeal under this Rule.
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))
- F2
Pt. 5 Chs. 7-12 substituted for Pt. 5 Ch. 7 (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 31