What must a rehabilitation creditor file with the court, and by when, to take part in the rehabilitation procedure?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the court's notice setting the reporting period, the report as filed to check it carries each listed item, the evidence documents or their copies or excerpts filed with it, and any separate report of the preferential portion of the claim.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the filing as a fixed list with a fixed time: a rehabilitation creditor wishing to take part in the procedure must, within the reporting period, file with the court the claimant's name and address, the content and cause of the rehabilitation claim, the amount of voting rights and, where the claim is one with a general preference, that fact, and must submit evidence documents or their copies or excerpts; and where litigation over the claim was still pending when the rehabilitation procedure commenced, the creditor must additionally report the court, the parties, the case name and the case number.
Another reading notes a limit inside the filing itself: where part of a rehabilitation claim carries a general preference, that part must be reported separately, and the provision does not say whether a single combined report, or papers filed after the reporting period, can make up a report that is late or missing an item.
Your judgment
Where a report leaves out the amount of voting rights or the statement of general preference, what in the file could show that the missing item was supplied to the court?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the items a creditor must report or the effect of a late or incomplete report, or if a court decision explains whether a report may be supplemented.