OpenLegislation

Rule 61 Surrender for non-disclosureI1

England and Wales

(1)

If a secured creditor omits to disclose their security in their proof of debt, they shall surrender their security for the general benefit of creditors, unless the court, on application by them, relieves them from the effect of this Rule on the ground that the omission was inadvertent or the result of honest mistake.

(2)

If the court grants that relief, it may require or allow the creditor’s proof of debt to be amended, on such terms as may be just.

Annotations

Commencement

I1

Rule 61 in force at 31.1.2014, see rule 1