Creditor's appeal against rejection of proof of debt
Published by a LexisNexis Restructuring & Insolvency expert
Practice notesCreditor's appeal against rejection of proof of debt
Published by a LexisNexis Restructuring & Insolvency expert
Practice notes
The applicable rules are the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 14.2–14.25 regardless of whether the insolvency proceeding in which the proof is made is an administration, winding-up or bankruptcy proceeding.
An office-holder may admit or reject a proof, in whole or in part, for the purposes of dividend. If the office-holder rejects a proof, in whole or in part, the office-holder is required to deliver to the creditor a statement of the office-holder's reasons for doing so, as soon as reasonably practicable.
Dissatisfaction of creditor
If a creditor is dissatisfied with an office-holder’s decision on their proof of debt for dividend purposes (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
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