Creditor's appeal against rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016
Produced in partnership with South Square
Creditor's appeal against rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016

The following Restructuring & Insolvency guidance note Produced in partnership with South Square provides comprehensive and up to date legal information covering:

  • Creditor's appeal against rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016
  • Insolvency (England and Wales) Rules 2016
  • Dissatisfaction of creditor

Insolvency (England and Wales) Rules 2016

The rules applicable to proving a debt under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 are found in IR 2016, SI 2016/1024, rr 14.2 to 14.25 regardless of whether the insolvency proceeding in which the proof is made is an administration, winding-up or bankruptcy proceeding. For further information on the changes to the procedure for proving a debt brought about by IR 2016, see Practice Note: The Insolvency (England and Wales) Rules 2016—Part 14: Claims by and distributions to creditors in administration, winding-up and bankruptcy [Archived].

Dissatisfaction of creditor

If a creditor is dissatisfied with an office-holder’s decision with respect to their proof of debt (including any decision on the question of preference), the creditor may apply to the court for the decision to be reversed or varied. The application must be made within 21 days of the creditor’s receipt of the statement sent by the office-holder rejecting the proof either in whole or in part (which statement should set out written reasons for the rejection of the proof and should have been sent to the creditor as soon as reasonably practicable) (see IR 2016, SI 2016/1024, r 14.8(1)).

Besides the creditor directly affected by the decision of the office-holder, a contributory/member or any other creditor, or, in a