Insolvency Rules 2005 - Form R279 (Claim Form)

Summary

This is Form R279, the prescribed Claim Form under Rule 279 of the Insolvency Rules 2005 (made under the Insolvency Act 2003). It is used by a creditor to lodge a formal claim in a bankruptcy proceeding, setting out the debt owed and any security or preferential status claimed, for the bankruptcy trustee to admit for voting and dividend purposes.

• Creditor details: Name and address of the creditor filing the claim.
• Claim amount: Total amount of the claim as at the date of the bankruptcy order, and any uncapitalised interest included in that total.
• Preferential debt category: Whether all or part of the debt falls within a category of preferential debts under the Insolvency Rules 2004, and the amount claimed as preferential.
• Debt particulars: How and when the debt was incurred, and documents or evidence substantiating it (the trustee may request further evidence at his discretion).
• Security: Particulars of any security held, when it was given, and its value.
• Signature: Signature of the creditor or authorised representative, with name, position, and address.
• Trustee determination: Sections for the bankruptcy trustee to record amounts admitted for voting, admitted preferentially, and admitted non-preferentially, each with a date.

The form itself does not state a filing deadline; timing for submission of proofs of claim is governed elsewhere in the Insolvency Rules 2005.

Key obligations

• A creditor wishing to claim in a bankruptcy must complete and submit Form R279 setting out the amount of the claim, any preferential status, particulars of how the debt arose, supporting documents, and details of any security held.
• The creditor or an authorised representative must sign the claim form, providing name, position and address.

Applies to

creditors, bankruptcy trustees