In force2020 Revised Edition

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Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 17 · Administration in Bankruptcy

347. Creditors to file proof of debts within time limited

(1)

The Official Assignee must, not later than 30 days after the administration date for a bankruptcy, give notice, in the manner prescribed (if any), of the bankruptcy order and of the time within which creditors are required under subsection (2) to file their proof of debt, to —

(a)

every creditor mentioned in the statement of affairs or supplementary information (if any); and

(b)

every other person who, to the Official Assignee’s knowledge, claims to be a creditor.

(2)

Subject to subsections (3) and (4), a creditor cannot prove a debt in a bankruptcy unless the creditor files a proof in respect of the debt not later than 4 months after the administration date of the bankruptcy.

(3)

The Court may, on the application of a creditor made at any time, extend the period during which the creditor may prove a debt, if the Court considers it just to do so.

(4)

The Official Assignee may, on the application of a creditor made at any time, extend the period during which the creditor may prove a debt, if the Official Assignee is satisfied that —

(a)

the creditor did not know, and could not reasonably be expected to know, of the bankruptcy order before the expiry of the period mentioned in subsection (2); or

(b)

the creditor could not reasonably be expected to prove the debt before the expiry of the period mentioned in subsection (2).