Rule 6.238 Interpretation of creditor and notice to member State liquidatorF1

This Rule applies where a member State liquidator has been appointed in relation to the bankrupt.

For the purposes of the Rules referred to in paragraph (3) a member State liquidator is deemed to be a creditor.

The Rules referred to in paragraph (2) are Rules 6.73(1) (duty of official receiver), 6.75(1) (report of official receiver), 6.76(2) (report of official receiver), 6.79(2) (creditors' meeting), 6.81 (power to call creditors' meeting), 6.83 (requisitioned meetings), 6.93 (entitlement to vote), 6.94 (admission and rejection of proof), 6.96 (meaning of “prove”), 6.97 (supply of forms), 6.98 (contents of proof), 6.99 (claim established by affidavit), 6.100 (cost of proving), 6.101 (inspection of proofs), 6.104 (admission and rejection of proofs for dividend), 6.105(1) (appeal against decision on proof), 6.105(2), 6.106 (withdrawal or variation of proofs), 6.107(1) (expunging of proof), 6.108 (negotiable instruments, etc.), 6.109 (secured creditors), 6.110 (discounts), 6.111 (debts in foreign currency), 6.112 (payments of a periodical nature), 6.113 (interest), 6.114 (debt payable at future time), 6.126(1) (resignation of trustee), 6.136(1) (release of official receiver), 6.137(1) (final meeting), 6.142(1) (challenge to remuneration), 6.150(2) (creditors' committee), 6.160(3) (vacancy on creditors' committee), 6.172(3) (request for public examination), 6.212(1) (notice of annulment) and 6.217(3) (application by bankrupt for discharge).

Paragraphs (2) and (3) are without prejudice to the generality of the right to participate referred to in paragraph 3 of Article 32 of the EC Regulation (exercise of creditor’s rights).

Where the trustee is obliged to give notice to, or provide a copy of a document (including an order of court) to, the court or the official receiver, the trustee shall give notice or provide copies, as the case may be, to the member State liquidator.

Paragraph (5) is without prejudice to the generality of the obligations imposed by Article 31 of the EC Regulation (duty to cooperate and communicate information).