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Amendment of section 82 of Act of 1988
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37. Section 82 of the Act of 1988 is amended—
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(a) by the substitution of the following subsection for subsection (2):
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“(2) The Official Assignee shall—
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(a) within four working days of the filing under subsection (1), cause notice of the filing to be given to the creditors concerned by the publication of the notice on the website of the Insolvency Service, or in such other manner as the Minister may, by regulation, prescribe, and
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(b) within four working days of the publication of the notice under paragraph (a), provide, by a notice in such form as the Minister may by regulation prescribe, particulars to the creditors concerned of how it is proposed to distribute the estate.”,
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(b) by the insertion of the following subsection after subsection (2):
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“(2A) The Official Assignee shall distribute the estate in the manner set out in the particulars provided under subsection (2)(b) no earlier than 15 days after the provision of such particulars but no such distribution shall be made without leave of the Court where an application under subsection (3) has been made by a creditor.”,
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(c) by the substitution of the following subsection for subsection (3):
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“(3) The Court may, on the application of a creditor, make such order as it thinks fit in respect of the distribution of the estate or any part thereof by payment of the expenses, fees, costs and preferential payments, as well as the relevant dividend and any such application shall be made within 14 days of the provision of particulars under subsection (2)(b).”,
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(d) in subsection (4), by the substitution of “list” for “file” in both places where it occurs, and
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(e) by the substitution of the following subsection for subsection (6):
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“(6) In any case where there are no funds or, in the opinion of the Official Assignee, insufficient funds available for distribution to the creditors, the Official Assignee may pay the expenses, fees, costs and preferential payments in that order, so far as the funds extend, and where a balance remains it shall be transferred to the bank account referred to in section 84(1).”.
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