Jurisdiction(s):
United Kingdom

Creditors’ decision-making in bankruptcy under the Insolvency (England and Wales) Rules 2016: procedures, deemed consent, notices, voting and SIP 6

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

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The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 introduced an updated framework for decision-making across all insolvency procedures from 6 April 2017. The detailed rules governing decision-making are contained in IR 2016, SI 2016/1024, Pt 15.

The prescribed decision procedures

There are five decision procedures through which a trustee in bankruptcy (trustee) may obtain a decision from a bankrupt’s creditors under section 379ZA of the Insolvency Act 1986 (IA 1986), namely:

correspondence
electronic voting
virtual meeting
physical meeting
any other decision-making procedure which enables equal participation by all creditors

Seeking a decision without a meeting

Correspondence

If a decision is sought by correspondence, creditors will only be able to accept or reject the proposal.

Electronic voting

This mirrors correspondence in that creditors will only be able to accept or reject the proposed decision. Where electronic voting is to be used:

the notice delivered to creditors must include any information necessary to enable the creditor to access the voting system, including any required passwords
except where electronic voting is to be used at a meeting, the voting system must permit voting between the receipt of...

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Web page updated on 21/05/2026

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