Personal Insolvency Act 2012

98.

Actions to be taken by personal insolvency practitioner following issue of protective certificate.

98.— (1) Where a protective certificate has been issued, the personal insolvency practitioner shall as soon as practicable thereafter—

( a) give written notice to the creditors concerned that the personal insolvency practitioner has been appointed by the debtor for the purpose of making a proposal for a Personal Insolvency Settlement Arrangement and, subject to section 101(2) , invite those creditors to make submissions to the personal insolvency practitioner regarding the debts concerned and the manner in which the debts might be dealt with as part of a Personal Insolvency Arrangement, and such notice shall be accompanied by the debtor’s completed Prescribed Financial Statement,

( b) consider any submissions made by creditors regarding the debts and the manner in which the debts might be dealt with as part of a Personal Insolvency Arrangement, including—

(i) any submission made by a creditor with respect to previous or existing offers of arrangements made by the creditor to or with the debtor, and

(ii) any submission made by a secured creditor in accordance with section 102 ,

and

( c) make a proposal for a Personal Insolvency Arrangement in respect of the debts concerned.

(2)( a) A personal insolvency practitioner may in any case request a creditor to file a proof of debt and the debt shall be proved in the same manner as a debt of a bankrupt is proved under the Bankruptcy Act 1988 and subject to subsection (3) paragraphs 1 to 22 of the First Schedule of that Act shall apply with all necessary modifications to the proof of such debts.

( b) Subject to paragraph (c), a creditor who does not comply with a request under paragraph (a) is not entitled to—

(i) vote at a creditors’ meeting, or

(ii) share in any distribution that may be made under the Personal Insolvency Arrangement concerned.

( c) Where a creditor to whom paragraph (b) applies files a proof of debt in the manner specified in paragraph (a), paragraph (b) shall cease to apply, but without prejudice to anything done while that paragraph applied.

(3) In applying the First Schedule of the Bankruptcy Act 1988 to proof of debts under this section—

( a) a reference in that Schedule to the Court and the Official Assignee shall be read as a reference to the personal insolvency practitioner, and

( b) a reference to a bankrupt shall be read as a reference to the debtor to whom the proposal for a Personal Insolvency Arrangement relates.