Rule 5.13 Nominee's report on the proposal

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 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)

The nominee's report shall be delivered by him to the court not less than 2 days before the interim order ceases to have effect.

(2)

With his report the nominee shall deliver—

(a)

a copy of the debtor's proposal (with amendments, if any, authorised under Rule 5.04(3)); and

(b)

a copy or summary of any statement of affairs provided by the debtor.

(3)

If the nominee makes known his opinion that a meeting of the debtor's creditors should be summoned under Article 231, his report shall have annexed to it his comments on the debtor's proposal.

(4)

If the nominee's opinion is otherwise than under paragraph (3), he shall give his reasons for that opinion.

(5)

The court shall cause the nominee's report to be endorsed with the date on which it is filed in court. Any creditor of the debtor is entitled, at all reasonable times on any business day, to inspect the file.

(6)

In Case 1, the nominee shall send to the official receiver and (if any) the trustee—

(a)

a copy of the debtor's proposal,

(b)

a copy of his (the nominee's) report and his comments accompanying it (if any), and

(c)

a copy or summary of the debtor's statement of affairs.

(7)

In Case 2, the nominee shall send a copy of each of those documents to any person who has presented a bankruptcy petition against the debtor.

[E.R.5.10]