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Rule 6.44 Report of insolvency practitionerI1

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)

[FORM 6.29] If the court under section 273(2) appoints an insolvency practitioner to act in the debtor's case, it shall forthwith—

(a)

send to the person appointed—

(i)

a sealed copy of the order of appointment, and

(ii)

copies of the petition and statement of affairs,

(b)

fix a venue for the insolvency practitioner's report to be considered, and

(c)

send notice of the venue to the insolvency practitioner and the debtor.

(2)

The insolvency practitioner shall file his report in court F1... and send one copy of it to the debtor, so as to be in his hands not less than 3 days before the date fixed for consideration of the report F2, and a further copy to the official receiver.

(3)

The debtor is entitled to attend when the report is considered, and shall attend if so directed by the court. If he attends, the court shall hear any representations which he makes with respect to any of the matters dealt with in the report.

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in rule 6.44(2) omitted (11.1.1988 with application in accordance with rule 3(1)(2)) by virtue of The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 101(1)

F2

Words in rule 6.44(2) 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. 101(1)

F3

Rule 6.44(4) omitted (11.1.1988 with application in accordance with rule 3(1)(2)) by virtue of The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 101(2)

Commencement

I1

Rule 6.44 in force at 29.12.1986, see rule 0.1