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Rule 6.38 Identification of debtorI1

England and Wales

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 petition shall state the following matters with respect to the debtor—

(a)

his name, place of residence and occupation (if any);

(b)

the name or names in which he carries on business, if other than his true name, and whether, in the case of any business of a specified nature, he carries it on alone or with others;

(c)

the nature of his business, and the address or addresses at which he carries it on;

(d)

any name or names, other than his true name, in which he has carried on business in the period in which any of his bankruptcy debts were incurred and, in the case of any such business, whether he has carried it on alone or with others; and

(e)

any address or addresses at which he has resided or carried on business during that period, and the nature of that business.

(2)

The particulars of the debtor given under this Rule determine the full title of the proceedings.

(3)

If the debtor has at any time used a name other than the one given under paragraph (1)(a), that fact shall be stated in the petition.

Annotations

Commencement

I1

Rule 6.38 in force at 29.12.1986, see rule 0.1