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EFIS 40, April 2017 : Insolvency (2017) Bankruptcy

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The Insolvency (England and Wales) Rules 2016 came into force on 6th April and revoke and replace the Insolvency Rules 1986.

Insolvency practitioners can access the new 2016 Rules by following the link below to:-

www.legislation.gov.uk/uksi/2016/1024/contents/made

In particular, these 2016 Rules prescribe detailed procedures for the conduct of personal and corporate insolvency proceedings in England and Wales.

However, unlike the 1986 Rules, the new 2016 Rules only prescribe the contents of the forms and not their actual wording.

As a result of these Rules, the Insolvency Service (InS) and the High Court (HC) have amended some of their forms whilst Oyez has created some other forms which the InS and HC have declined to draft.

The High Court has created the new IAA(BANK), SD2-SD4 and the BANK1 - BANK8 forms whilst the Insolvency Service has drafted the new INR10_56, INR10_101, INR15_18, INR16_3 and INR19_9.

Meanwhile, Oyez has created the rest of the forms for use under the new 2016 Rules.

All forms can be used immediately.

Forms affected

INR10_101 Request by a Creditor for a Public Examination (bankruptcy) - Notice to Official Receiver New/Amended
INR10_56 Statement of Affairs (Bankruptcy) New/Amended
INR16_3(BANK) Proxy (Specific) (Bankruptcy) New/Amended
INR15_18(BANK) Request by Creditors for a Decision (Bankruptcy) New/Amended
INR19_9(BANK) Application by Interested Party for Decision on Disclaimer (Bankruptcy) New/Amended
INR8_21(2) Replacement of the Nominee (Section 256A(4)) New/Amended
INR8_21(1) Replacement of the Nominee (Section 256A(4)) New/Amended
INR8_31 Termination or Full Implementation of Individual Voluntary Arrangement New/Amended
INR8_26(4) Notification of Change of Supervisor New/Amended
INR8_26 Report to the Secretary of State of the Approval of an Individual Voluntary Arrangement New/Amended
INR8_4 Notice of Nominee's Consent to Act New/Amended
INR19_2(a)(ii) Notice of Disclaimer Under Section 315 of the Insolvency Act 1986 New/Amended
BANK1 Creditor's Bankruptcy Petition on Failure to Comply with a Statutory Demand for a Liquidated Sum Payable Immediately New/Amended
BANK2 Creditor's Bankruptcy Petition on Failure to Comply with a Statutory Demand for a Liquidated Sum Payable at a Future Date New/Amended
BANK3 Creditor's Bankruptcy Petition Where Execution or Other Process on a Judgment has been Returned in Whole or Part New/Amended
BANK4 Bankruptcy Petition for Default in Connection with Voluntary Arrangement New/Amended
BANK5 Verification of the Petition New/Amended
BANK6 Debtor's Notice of Opposition to Petition New/Amended
BANK7 Notice of Persons Intending to Appear New/Amended
BANK8 List of Appearences New/Amended
SD2 Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately. (Rule 10.1) New/Amended
SD3 Statutory Demand Under Section 268(1)(a) of the Insolvency Act 1986. Debt Paybale at a Future Date New/Amended
SD4 Statutory Demand Under Section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court New/Amended
IAA(BANK) Insolvency Act Application Notice New/Amended
INR8_22 Consideration of Proposal New/Amended
INR10_68 Certification of Appointment New/Amended
INR10_76 Invitation to Creditors to Form a Creditors' Committee New/Amended
INR10_77 Trustee's Resignation and/or Replacement (Section 298(7)) New/Amended
INR10_78 Decision of Creditors to Remove Trustee (Section 298(1)) New/Amended
INR10_84 Notice of Deceased Trustee New/Amended
INR10_85 Loss of Qualification as Insolvency Practitioner (Section 298(6)) New/Amended
INR10_87 Vacation of Office on Completion of Bankruptcy (Sections 298(8) ans 331) New/Amended
INR10_89 Notice to Official Receiver of Intention to Vacate Office New/Amended
INR17_5(5)(BANK) Establishment of Committees New/Amended
INR17_7(BANK) Notice of Change of Membership of a Committee New/Amended
INR17_20(8)(BANK) Procedure for Request That a Place for a Meeting Should be Specified New/Amended
INR17_21(3)(BANK) Procedure for Request that a place for a Meeting should be Specified New/Amended
INR14_10(BANK) Withdrawal of Proof New/Amended
INR14_15(3)(b)(BANK) Secured Creditor: Value of Security New/Amended
INR14_17(BANK) Secured Creditor: Redemption by Office Holder New/Amended
INR14_29(BANK) Individual Notices to Creditors of Intended Dividend or Distribution New/Amended
INR14_35(BANK) Notice of Declaration of a Dividend New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.