Rule 3.09 Report to creditors

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rules 11.01-11.13 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 6(10)-CP(3) substituted by Insolvency 2000 rule 5
rule 4.056-CVL(2) words inserted by Insolvency 2006 Sch. 1 para. 22
rule 3.09(5)-(7) inserted by Insolvency 2006 Sch. 1 para. 9
rule 4.228A-4.228E inserted by Insolvency 2008 rule 5
rules 2.028-2.110 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.114-2.115 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.119-2.130 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.027-4.029 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.031-4.034 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.197-4.204 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.05-7.07 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.09-7.14 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.19-7.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.24-7.30 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.34-7.42 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.50-7.54 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 12.01-12.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(1)

If under Article 58(2) the administrative receiver determines not to send a copy of his report to creditors, but to publish notice under sub-paragraph (b) of that paragraph, the notice shall be published in the newspaper in which the administrative receiver's appointment was advertised.

(2)

If he proposes to apply to the court to dispense with the holding of the meeting of unsecured creditors (otherwise required by Article 58(2)), he shall in his report to creditors or (as the case may be) in the notice published pursuant to paragraph (1), state the venue fixed by the court for the hearing of the application.

(3)

Subject to any order of the court under Rule 3.06, the copy of the administrative receiver's report which under Article 58(1) is to be sent to the registrar shall have attached to it a copy of any statement of affairs under Article 57, and copies of any affidavits of concurrence.

(4)

If the statement of affairs or affidavits of concurrence, if any, have not been submitted to the administrative receiver by the time he sends a copy of his report to the registrar, he shall send a copy of the statement and any affidavits of concurrence as soon thereafter as he receives them.FORM 3.05

[E.R.3.8]