Commentary

29 Decision making: abolition of meetings in insolvency procedure

BANKRUPTCY AND INSOLVENCY (INDIVIDUAL INSOLVENCY) vol 3(2)
| Commentary

29 Decision making: abolition of meetings in insolvency procedure

| Commentary

29 Decision making: abolition of meetings in insolvency procedure

A fundamental change made by the Insolvency (England and Wales) Rules 2016 (2016 Rules) and related primary legislation is in the way that creditors make decisions in insolvency procedures. Since most decisions in bankruptcy came to be taken by creditors out of court1, the method of decision-making had been by resolution at a meeting between the creditors, present in person or by proxy, held at a time and place with an agenda set out in the notice summoning the meeting.

The primary change brought about by the 2016 legislation is that a

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