39.—(1) For the purpose of voting, a secured creditor —
(a)
must, unless the secured creditor surrenders the secured creditor’s security, state in the secured creditor’s proof the particulars of the security, the date on which the security was given, and the value at which the secured creditor assesses the security; and
(b)
is entitled to vote only in respect of the balance (if any) due to the secured creditor after deducting the value of the secured creditor’s security.
(2) If the secured creditor votes in respect of the secured creditor’s whole debt, the secured creditor is deemed to have surrendered the secured creditor’s security, unless the Court on application is satisfied that the omission to value the security has arisen from inadvertence.