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Rule 5.6 Additional disclosure for assistance of nomineeF1

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 it appears to the nominee that he cannot properly prepare his report on the basis of information in the debtor’s proposal and statement of affairs, he may call on the debtor to provide him with—

(a)

further and better particulars as to the circumstances in which, and the reasons why, he is insolvent or (as the case may be) threatened with insolvency;

(b)

particulars of any previous proposals which have been made by him under Part VIII of the Act;

(c)

any further information with respect to his affairs which the nominee thinks necessary for the purposes of his report.

(2)

The nominee may call on the debtor to inform him whether and in what circumstances he has at any time—

(a)

been concerned in the affairs of any company (whether or not incorporated in England and Wales) which has become insolvent, or

(b)

been adjudged bankrupt, or entered into an arrangement with his creditors.

(3)

For the purpose of enabling the nominee to consider the debtor’s proposal and prepare his report on it, the latter must give him access to his accounts and records.

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))