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Rule 6.42 Procedure for presentation and filingI1

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 and the statement of affairs shall be filed in court, together with three copies of the petition, and F1one copy of the statement. No petition shall be filed unless there is produced with it the receipt for the deposit payable on presentation.

(2)

F2Subject to paragraph (2A), the court may hear the petition forthwith. If it does not do so, it shall fix a venue for the hearing.

F3(2A)

If the petition contains particulars of a voluntary arrangement under Part VIII of the Act in force for the debtor, the court shall fix a venue for the hearing and give at least 14 days' notice of it to the supervisor of the arrangement; the supervisor may appear and be heard on the petition.

(3)

Of the three copies of the petition delivered—

(a)

one shall be returned to the petitioner, endorsed with any venue fixed;

(b)

another, so endorsed, shall be F4sent by the court to the official receiver; and

(c)

the remaining copy shall be retained by the court, to be sent to an insolvency practitioner (if appointed under section 273(2)).

F5(4)

The copy of the statement of affairs shall be sent by the court to the official receiver.

(5)

The affidavit verifying the debtor's statement of affairs may be sworn before an officer of the court duly authorised in that behalf.

F6(6)

Where the court hears a petition forthwith, or it will in the opinion of the court otherwise expedite the delivery of any document to the official receiver, the court may, instead of sending that document to the official receiver, direct the bankrupt forthwith to deliver it to him.

(7)

Where a petition contains a request for the appointment of a person as trustee in accordance with section 297(5) (appointment of former supervisor as trustee) the person whose appointment is sought shall, not less than 2 days before the day appointed for hearing the petition, file in court a report including particulars of—

(a)

a date on which he gave written notification to creditors bound by the arrangement of the intention to seek his appointment as trustee, such date to be at least 10 days before the day on which the report under this paragraph is filed, and

(b)

details of any response from creditors to that notice, including any objections to his appointment.

Annotations

Textual amendments

F1

Words in rule 6.42(1) substituted (1.4.2005) by The Insolvency (Amendment) Rules 2005 (S.I. 2005/527), rules 1(2), 36(a)

F2

Words in rule 6.42(2) inserted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 100(1)

F3

Rule 6.42(2A) inserted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 100(2)

F4

Words in rule 6.42(3)(b) substituted (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 100(3)

F5

Rule 6.42(4) substituted (1.4.2005) by The Insolvency (Amendment) Rules 2005 (S.I. 2005/527), rules 1(2), 36(b)

F6

Rule 6.42(6)(7) added (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 100(5)

Commencement

I1

Rule 6.42 in force at 29.12.1986, see rule 0.1