Proof of debt

Proof of debt

Proofs of debt

The rules applicable to proving a debt are found in 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 administration, winding up or bankruptcy proceedings.

A party wishing to file a claim for their debt in a compulsory liquidation, administration or bankruptcy must submit a written claim to the liquidator, administrator or trustee in bankruptcy. A creditor who claims is referred to as 'proving' for their debt and the document by which they seek to establish their claim is called their proof of debt.

An office-holder may treat a small debt (being £1,000 or less) as if it were proved for the purpose of paying a dividend without the need for a creditor to file a proof of debt, provided the company’s records contain evidence of the debt. The office-holder must include their intention to do so in their notice of intention to make a distribution to creditors or declare a dividend.

The creditors of a company in a members’ voluntary liquidation do not need to prove

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