| Commentary

48.1 Creditors’ decision procedure

| Commentary

48 Creditors’ consideration and approval of the proposal

48.1 Creditors’ decision procedure

Whilst the court is given a discretion in the matter, it will be unusual for it not to follow the nominee’s recommendation that the creditors should consider the debtor’s proposal. Where it has been reported to the court (under Section 256) or to the debtor's creditors (under Section 256A) that the debtor's creditors should consider the debtor's proposal, the nominee (or the nominee's replacement under Section 256(3) or 256A(4)) must seek a decision from the debtor's creditors as to whether they approve the proposed voluntary arrangement (unless, in the

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