Insolvency Rules - Applications and After Acquired Property
Wednesday, 5th April 2017
Rule 12 sets out rules relating to applications, (excluding administration applications, winding up petitions and creditors' bankruptcy petitions) including:
- Number of copies required if not e-filed (12.7)
- NB if e-filed, the relevant rule is 1.46 which states that electronic delivery to the Court is only permitted where expressly provided for in the CPR, a PD or the Rules. It is treated as delivered to the Court at the time it is recorded by the Court as having been received, or otherwise as the CPR, a PD or the Rules provide.
- The Court's obligation to fix a venue for the application to be heard (12.8)
- Rules about service, which must be at least 14 days (which must be clear days) before the hearing unless the Act of Rules stipulates a different time for service, or unless the Court acts under r12.10, or unless the Court extends or abridges time (12.9)
- For urgent applications, the Court is empowered to hear the application immediately and/or without notification to or attendance of other parties and the Court has complete discretion on the issues of notification and service (12.10)
- For urgent applications, the certificate of urgency required by the PD will still be needed - para 9.1 of the PD.
After Acquired Property
Section 307 of the Act allows a Trustee to claim property acquired by or devolving on the bankrupt after bankruptcy and before he or she receives their discharge, by claiming the property in writing.
The notice to be given by the bankrupt of property acquired by or devolving upon him or her, with the exception of the property acquired in the ordinary course of business, must be given within 21 days of the bankrupt becoming aware. The bankrupt must not dispose of that property without the Trustee's consent in writing within 42 days (which will be clear days) beginning with the date of giving notice (10.125).
Where property is disposed of by a bankrupt before giving notice or within that 42 day period, the Trustee may serve notice on the person to whom the property was disposed claiming the property as part of the bankrupt's estate, except as described in the new 307(4A). The TIB has 28 (clear) days from becoming aware of the identity of the person (10.126).