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The Insolvency (England and Wales) Rules 2016

Type Statutory-Instrument

Publication 2016-10-18

Last updated 2025-11-19

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) where the petitioner is represented by a solicitor, the name, postal address and telephone number of the solicitor;

(d) whether—

(i) the centre of the debtor's main interests is within the United Kingdom or is within a member State;

(ii) the centre of the debtor's main interests is neither within the United Kingdom nor a member State;

(iii) the debtor has an establishment within the United Kingdom;

(iv) the debtor carries on business as an Article 1.2 undertaking;

(e) whether the debtor—

(i) is resident in England and Wales, or

(ii) is not resident in England and Wales;

(f) whether the petition is presented to—

(i) the High Court,

(ii) the County Court at Central London, or

(iii) a specified hearing centre; and

(g) the reasons why the court or hearing centre to which the petition is presented is the correct court or hearing centre under rule 10.11.

(2) If the petition is based on a statutory demand, and more than four months have elapsed between the service of the demand and the presentation of the petition, the petition must explain the reasons for the delay.

(3) The petition must also contain a blank box for the court to complete with the details of the venue for hearing the petition.

Identification of debtor

10

(1) The petition must state the following matters about the debtor, so far as they are within the petitioner's knowledge—

(a) the debtor's identification details;

(b) the occupation (if any) of the debtor;

(c) the name or names in which the debtor carries on business, if other than the name of the debtor, and whether, in the case of any business of a specified nature, the debtor carries it on alone or with others;

(d) the nature of the debtor's business, and the address or addresses at which it is carried on;

(e) any name or names, other than the name of the debtor, in which the debtor has carried on business at or after the time when the debt was incurred, and whether the debtor has done so alone or with others;

(f) any address or addresses at which the debtor has resided or carried on business at or after that time, and the nature of that business; and

(g) whether the centre of main interests or an establishment of the debtor (as defined in Article 2(10) of the EU Regulation) is in the UK or a member State.

(2) The particulars of the debtor given under this rule determine the title of the proceedings.

(3) If to the petitioner's knowledge the debtor has used any name other than the one specified under paragraph (1)(a), that fact must be stated in the petition.

Identification of debt

10

(1) The petition must state for each debt in relation to which it is presented—

(a) the amount of the debt, the consideration for it (or, if there is no consideration, the way in which it arises) and the fact that it is owed to the petitioner;

(b) when the debt was incurred or became due;

(c) if the amount of the debt includes any charge by way of interest not previously notified to the debtor as a liability of the debtor's, the amount or rate of the charge (separately identified);

(d) if the amount of the debt includes any other charge accruing from time to time, the amount or rate of the charge (separately identified);

(e) the grounds on which any such a charge is claimed to form part of the debt, provided that the amount or rate must, in the case of a petition based on a statutory demand, be limited to that claimed in the demand;

(f) that the debt is unsecured (subject to section 269); and

(g) either—

(i) that the debt is for a liquidated sum payable immediately, and the debtor appears to be unable to pay it, or

(ii) that the debt is for a liquidated sum payable at some certain, future time (that time to be specified), and the debtor appears to have no reasonable prospect of being able to pay it.

(2) Where the debt is one for which, under section 268, a statutory demand must have been served on the debtor, the petition must—

(a) specify the date and manner of service of the statutory demand; and

(b) state that, to the best of the creditor's knowledge and belief—

(i) the demand has been neither complied with nor set aside in accordance with these Rules, and

(ii) that no application to set it aside is outstanding.

(3) If the case is within section 268(1)(b) (unsatisfied execution or process in respect of judgment debt, etc.) the petition must state which court issued the execution or other process and give particulars of the return.

(4) The court may decline to file the petition if not satisfied that the creditor has discharged the obligation imposed by rule 10.2.

Verification of petition

10

(1) The petition must be verified by a statement of truth.

(2) If the petition relates to debts to different creditors, the debt to each creditor must be separately verified.

(3) A statement of truth which is not contained in or endorsed upon the petition which it verifies must be sufficient to identify the petition and must contain—

(a) the name of the debtor;

(b) the name of the petitioner; and

(4) The statement of truth must be authenticated and dated by or on behalf of the petitioner.

(5) Where the person authenticating the statement of truth is not the petitioner, or one of the petitioners, the statement of truth must state—

(a) the name and postal address of the authenticating person;

(b) the capacity in which, and the authority by which, that person authenticates the statement of truth; and

Court in which petition is to be presented

10

(1) Where the proceedings are allocated to the London Insolvency District under rule 12.5(a)(i) to (iv) or (b), the creditor must present the petition to—

(a) the High Court where the debt is £50,000 or more; or

(b) the County Court at Central London where the debt is less than £50,000.

(2) Where the proceedings are allocated to the London Insolvency District under rule 12.5(a)(v), (c) or (d), the creditor must present the petition to the High Court.

(3) Where the debtor is resident in England and Wales and the proceedings are not allocated to the London Insolvency District, the creditor must present the petition to the debtor's own hearing centre.

(4) The debtor's own hearing centre is—

(a) where the debtor has carried on business in England and Wales within the six months immediately preceding the presentation of the petition, the hearing centre for the insolvency district where for the longest period during those six months—

(i) the debtor carried on business, or

(ii) the principal place of business was located, if business was carried on in more than one insolvency district; or

(b) where the debtor has not carried on business in England and Wales within the six months immediately preceding the presentation of the petition, the hearing centre for the insolvency district where the debtor resided for the longest period during those six months.

(5) If the debtor is not resident in England and Wales but was resident or carried on business in England and Wales within the six months immediately preceding the presentation of the petition and the proceedings are not allocated to the London Insolvency District, the petition may be presented either to the debtor's own hearing centre or to the High Court.

(6) Unless paragraph (2) applies, where to the petitioner's knowledge there is in force for the debtor an IVA under Part 8 of the Act, the petition must be presented to the court or hearing centre—

(a) to which the nominee's report under section 256 was submitted;

(b) to which an application has been made, where a nominee has made a report under section 256A(3) ; or

(7) The petition must contain sufficient information to establish that it is presented in the appropriate court and, where the court is the County Court, the appropriate hearing centre.

Procedure for presentation and filing of petition

10

(1) The petition must be filed with the court.

(2) A petition may not be filed unless—

(a) a receipt for the deposit payable to the official receiver is produced on presentation of the petition; or

(b) the Secretary of State has given notice to the court that the petitioner has made suitable alternative arrangements in accordance with an order made under section 415(3) for the payment of the deposit and that notice has not been revoked.

(3) A notice of alternative arrangements for the deposit may be revoked by a further notice filed with the court.

(4) The following copies of the petition must also be filed with the court with the petition—

(a) one for service on the debtor; and

(b) one copy for the supervisor, if to the petitioner's knowledge there is in force for the debtor an IVA under Part 8 of the Act, and the petitioner is not the supervisor of the IVA; ...

(5) The date and time of filing the petition must be endorsed on the petition and on the copies.

(6) The court must fix a venue for hearing the petition, and this must also be endorsed on the petition and the copies.

(7) Each copy of the petition must have the seal of the court applied to it and must be delivered to the petitioner.

Application to Chief Land Registrar to register petition

10

(1) When the petition is filed, the court must as soon as reasonably practicable deliver to the Chief Land Registrar an application for registration of the petition in the register of pending actions.

(2) The application must contain—

(a) a statement that the court is applying for registration of a petition in bankruptcy proceedings as a pending action with the Chief Land Registrar under section 5 of the Land Charges Act 1972 ;

(b) the debtor's name;

(d) details of the debtor's trade, profession or occupation, including any trading name and, in the case of a partnership, the name and gender, if known, of each of the other partners;

(e) the postal address for each known place of residence of the debtor, including the debtor's business address where the court considers it to be appropriate for the purpose of the notice;

(f) the relevant key number allocated by the Land Charges Department;

(g) the name of the court (and hearing centre if applicable);

(h) the number and date of the petition; and

(i) the name and postal address of the petitioner.

(3) The application must be sealed and dated by the court.

(4) A separate application must be completed for each debtor and for any alternative name by which the debtor has been or is known (other than any trading name).

Service of petition and delivery of copies

10

(1) The petitioner must serve the petition on the debtor in accordance with Schedule 4 (Service of documents).

(2) If to the petitioner's knowledge there is in force for the debtor an IVA , and the petitioner is not the supervisor of the IVA, a copy of the petition must be delivered by the petitioner to the supervisor.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Death of debtor before service

10

If the debtor dies before service of the petition, the court may order service to be effected on the debtor's personal representative, or on such other person as it thinks just.

Amendment of petition

10

The petition may be amended at any time after presentation with the court's permission.

Security for costs

10

(1) This rule applies where the debt is a liquidated sum payable at some future time, it being claimed in the petition that the debtor appears to have no reasonable prospect of being able to pay it.

(2) The debtor may apply for an order that the petitioning creditor give security for the debtor's costs.

(3) The nature and amount of the security to be ordered is in the court's discretion.

(4) If an order for security is made then the petition may not be heard until the whole amount of the security has been given.

Debtor's notice of opposition to petition

10

(1) A debtor who intends to oppose the making of a bankruptcy order must not less than five business days before the day fixed for the hearing—

(a) file a notice with the court; and

(b) deliver a copy of the notice to the petitioning creditor or the petitioner's solicitor.

(2) The notice must—

(a) identify the proceedings;

(b) state that the debtor intends to oppose the making of a bankruptcy order; and

Notice by persons intending to appear

10

(1) A creditor ... who intends to appear on the hearing of the petition must deliver a notice of intention to appear to the petitioner.

(2) The notice must contain the following—

(a) the name and address of the person, and any telephone number and reference which may be required for communication with that creditor or with any other person (also to be specified in the notice) authorised to speak or act on the person's behalf;

(b) the date of the presentation of the bankruptcy petition and a statement that the notice relates to the matter of that petition;

(d) in the case of a creditor, the amount and nature of the debt due from the debtor to the creditor;

(e) whether the person intends to support or oppose the petition;

(f) where the person is represented by a solicitor or other agent, the name, postal address, telephone number and reference number (if any) of that person and details of that person's position with or relationship to the creditor ...; and

(g) the name and postal address of the petitioner.

(3) The notice must be authenticated and dated by the person delivering it.

(4) The notice must be delivered to the petitioner or the petitioner's solicitor at the address shown in the court records.

(5) The notice must be delivered so as to reach the petitioner (or the petitioner's solicitor) not later than 4pm on the business day before that which is appointed for the hearing (or, where the hearing has been adjourned, for the adjourned hearing).

(6) A person who fails to comply with this rule may appear and be heard on the hearing of the petition only with the permission of the court.

List of appearances

10

(1) The petitioner must prepare for the court a list of the persons who have delivered a notice under rule 10.19 of their intention to appear.

(2) The list must contain—

(a) the date of the presentation of the bankruptcy petition;

(b) the date of the hearing of the petition;

(d) the name and address of each person who has delivered notice of intention to appear;

(e) in the case of creditors, the amount owed to each such creditor;

(f) the name and postal address of any solicitor for a person listed; and

(g) whether each person listed intends to support the petition, or to oppose it.

(3) On the day appointed for hearing the petition, a copy of the list must be handed to the court before the hearing commences.

(4) If the court gives a person permission to appear under rule 10.19(6) then the petitioner must add that person to the list with the same particulars.

Hearing of petition

10

(1) The petition may not be heard until at least 14 days have elapsed since it was served on the debtor.

(2) However the court may, on such terms as it thinks just, hear the petition at an earlier date, if—

(a) it appears that the debtor has absconded;

(b) the court is satisfied that it is a proper case for an expedited hearing; or

(3) The following persons may appear and be heard—

(a) the petitioning creditor;

(b) the debtor;

(d) any person who has delivered a notice under rule 10.19.

Postponement of hearing

10

(1) The petitioner may, if the petition has not been served, apply to the court to appoint another day for the hearing.

(2) The application must state the reasons why the petition has not been served.

(3) Costs of the application may not be allowed in the proceedings except by order of the court.

(4) If the court appoints another day for the hearing, the petitioner must as soon as reasonably practicable deliver notice of that day to any person who delivered notice of intention to appear under rule 10.19 and to any person who must be served with a copy of the petition under rule 10.14.

Adjournment of the hearing

10

(1) This rule applies if the court adjourns the hearing of a bankruptcy petition.

(2) The order of adjournment must identify the proceedings and contain—

(a) the date of the presentation of the petition;

(b) the order that the further hearing of the petition be adjourned to the venue specified in the order;

(d) the date of the order.

(3) Unless the court otherwise directs, the petitioner must as soon as reasonably practicable deliver a notice of the order of adjournment to—

(a) the debtor; and

(b) any person who has delivered a notice of intention to appear under rule 10.19 but was not present at the hearing.

(4) The notice of the order of adjournment must identify the proceedings and—

(a) contain—

(i) the date of the presentation of the petition,

(ii) the date the order of adjournment was made, and

(iii) the venue for the adjourned hearing; and

(b) be authenticated and dated by the petitioner or the petitioner's solicitor.

Decision on the hearing

10

(1) On the hearing of the petition, the court may make a bankruptcy order if satisfied that the statements in the petition are true, and that the debt on which it is founded has not been paid, or secured or compounded.

(2) If the petition is brought in relation to a judgment debt, or a sum ordered by any court to be paid, the court may stay or dismiss the petition on the ground that an appeal is pending from the judgment or order, or that execution of the judgment has been stayed.

(3) An order dismissing or giving permission to withdraw a bankruptcy petition must contain—

(a) identification details for the proceedings;

(b) the date of the presentation of the bankruptcy petition;

(d) a statement that the petition has been heard;

(e) the order that the petition be dismissed or that, with the permission of the court, the petition is withdrawn;

(f) details of any further terms of the order;

(g) the date and reference number of the registration of the petition as a pending action with the Chief Land Registrar;

(h) an order that the entry relating to the petition in the register of pending actions be vacated on the debtor's application; and

(i) the date of the order.

(4) The order must notify the debtor that it is the debtor's responsibility and in the debtor's interest to ensure that the registration of the petition as an entry, both with the Chief Land Registrar and in the title register of any property owned by the debtor, is cancelled.

(5) In the case of a petition preceded by a statutory demand, the petition will not be dismissed on the ground only that the amount of the debt was over-stated in the demand, unless the debtor, within the time allowed for complying with the demand, delivered a notice to the creditor disputing the validity of the demand on that ground; but, in the absence of such notice, the debtor is deemed to have complied with the demand if the correct amount is paid within the time allowed.

Vacating registration on withdrawal of petition

10

If the petition is withdrawn by permission of the court, the court must deliver to the debtor two sealed copies of the order (one for the Chief Land Registrar).

Non-appearance of petitioning creditor

10

A petitioning creditor who fails to appear on the hearing of the petition may not present a petition either alone or jointly with any other person against the same debtor in respect of the same debt without the permission of the court to which the previous petition was presented.

Substitution of petitioner

10

(1) This rule applies where the petitioner—

(a) is subsequently found not to have been entitled to present the petition;

(b) consents to withdraw the petition or to allow it to be dismissed;

(d) fails to appear in support of the petition when it is called on in court on the day originally fixed for the hearing, or on a day to which it is adjourned; or

(e) appears, but does not apply for an order in the terms of the petition.

(2) The court may, on such terms as it thinks just, substitute as petitioner a person who—

(a) has delivered a notice under rule 10.19 of intention to appear at the hearing;

(b) is willing to prosecute the petition; and

(c) was, in the case of a creditor, at the date on which the petition was presented, in such a position in relation to the debtor as would have enabled the creditor on that date to present a bankruptcy petition in relation to a debt or debts owed to that creditor by the debtor, paragraphs (a) to (d) of section 267(2) being satisfied in relation to that debt or those debts.

Order for substitution of petitioner

10

The order for substitution of a petitioner must contain—

(a) identification details for the proceedings;

(b) the date of the hearing of the petition;

(d) the name of the person who is willing to prosecute the petition (“the named person”);

(e) a statement that the named person meets the requirements of rule 10.27(2);

(f) details of the statutory demand or return of the enforcement officer or enforcement agent;

(g) the following orders—

(i) that upon payment by the named person of the statutory deposit to the court the statutory deposit paid by the original petitioner to the court be repaid to the original petitioner by the official receiver,

(ii) that the named person be substituted as petitioner in place of the original petitioner and that the relevant person may amend the petition accordingly,

(iii) that the named person must within five business days from the date of the order file a copy of the amended petition together with a statement of truth verifying the amended petition,

(iv) that at least 14 days before the date of the adjourned hearing of the petition the named person must serve upon the debtor a sealed copy of the amended petition,

(v) that the hearing of the amended petition be adjourned to the venue specified in the order, and

(vi) that the question of the costs of the original petitioner and of the statutory deposit (if appropriate) be reserved until the final determination of the amended petition;

(h) the venue of the adjourned hearing; and

(i) the date of the order.

Change of carriage of petition

10

(1) On the hearing of the petition, a person who has delivered notice under rule 10.19 of intention to appear at the hearing, may apply to the court for an order giving that person carriage of the petition in place of the petitioner, but without requiring any amendment of the petition.

(2) The court may, on such terms as it thinks just, make a change of carriage order if satisfied that—

(a) the applicant is an unpaid and unsecured creditor of the debtor ...; and

(b) the petitioner either—

(i) intends by any means to secure the postponement, adjournment, dismissal or withdrawal of the petition, or

(ii) does not intend to prosecute the petition, either diligently or at all.

(3) The court must not make such an order if satisfied that the petitioner's debt has been paid, secured or compounded by means of—

(a) a disposition of property made by some person other than the debtor; or

(b) a disposition of the debtor's own property made with the approval of, or ratified by, the court.

(4) A change of carriage order may be made whether or not the petitioner appears at the hearing.

(5) If the order is made, the person given the carriage of the petition is entitled to rely on all evidence previously provided in the proceedings.

(6) The change of carriage order will contain—

(a) identification details for the proceedings;

(b) the date of the hearing of the petition;

(d) a statement that the relevant person is a creditor of the debtor ...;

(e) the name of the original petitioner;

(f) a statement that the relevant person has applied for an order under this rule to have carriage of the petition in place of the original petitioner;

(g) the order that the relevant person must within a period which is specified in the order serve upon the debtor and the original petitioner a sealed copy of the order;

(h) the order that the further hearing of the petition be adjourned to the venue specified in the order;

(i) the venue of the adjourned hearing;

(j) the order that the question of the costs of the original petitioner be reserved until the final determination of the petition; and

(k) the date of the order.

Petitioner seeking dismissal or permission to withdraw

[Note. See rule 10.24 for the contents of an order dismissing or giving permission to withdraw a petition.]

10.30 1 Where the petitioner applies to the court for the petition to be dismissed, or for permission to withdraw it, the petitioner must file with the court a witness statement specifying the grounds of the application and the circumstances in which it is made if — a a person has delivered notice under rule 10.19 of intention to appear at the hearing of the petition; or b the court so orders. 2 If any payment has been made to the petitioner since the petition was filed by way of settlement (in whole or in part) of the debt or any arrangement has been entered into for securing or compounding the debt, the witness statement must also state— a what dispositions of property have been made for the purposes of the settlement or arrangement; b whether, in the case of any disposition, it was property of the debtor, or of some other person; and c whether, if it was property of the debtor, the disposition was made with the approval of, or has been ratified by, the court (if so, specifying the relevant court order). 3 An order giving permission to withdraw a petition must not be made before the petition is heard. 4 The order of dismissal or granting permission to withdraw a bankruptcy petition must contain— a identification details for the proceedings; b the date of the filing of the bankruptcy petition; c the name, postal address and description of the applicant; d a statement that the petition has been heard; e the order that the petition be dismissed or that, with the permission of the court, the petition is withdrawn; f details of any further terms of the order; g the date and reference number of the registration of the petition as a pending action with the Chief Land Registrar; h an order that the entry relating to the petition in the register of pending actions be vacated on the debtor’s application; and i the date of the order.

Contents of bankruptcy order

10

(1) The bankruptcy order must identify the proceedings and contain—

(a) the name and address of the petitioner;

(b) the date of the presentation of the petition;

(d) the order that the person named is made bankrupt;

(e) the order either—

(i) that the court, being satisfied that the EU Regulation as it has effect in the law of the United Kingdom applies, declares that the proceedings are COMI proceedings or establishment proceedings, or

(ii) that the court is satisfied that the EU Regulation does not apply in relation to the proceedings;

(f) a statement that the official receiver (or one of them) attached to the court is by virtue of the order trustee of the bankrupt's estate;

(g) a notice of the bankrupt's duties in relation to the official receiver under section 291 , and in particular to the bankrupt's duty to give the official receiver such inventory of the bankrupt's estate and such other information, and to attend on the official receiver at such times, as the official receiver may reasonably require; and

(h) the date and time of the order.

(2) If the petitioner is represented by a solicitor the order is to be endorsed with the name, address, telephone number and reference of the solicitor.

(3) Subject to section 346 (effect of bankruptcy on enforcement procedures), the order may include provision staying any action or proceeding against the bankrupt.

Delivery and notice of the order

10

(1) As soon as reasonably practicable after making a bankruptcy order the court must deliver two sealed copies of the order to the official receiver.

(2) The official receiver must as soon as reasonably practicable deliver a sealed copy of the order to the bankrupt.

(3) On receipt of the sealed copies of the bankruptcy order the official receiver—

(a) must as soon as reasonably practicable—

(i) deliver an application for registration of the order containing the particulars specified in rule 10.33 to the Chief Land Registrar, for registration in the register of writs and orders affecting land, and

(ii) cause notice of the order to be gazetted;

(b) must cause an entry to be made in the individual insolvency register in accordance with rule 11.16; and

(4) The notice to be gazetted and any notice to be advertised must state—

(a) that a bankruptcy order has been made against the bankrupt;

(b) the date and time of the making of the bankruptcy order;

(d) the date of presentation of the petition.

(5) The court may, on the application of the bankrupt or a creditor, order the official receiver to suspend action under paragraph (3) and rule 11.16, pending a further order of the court.

(6) An application for such action to be suspended must be supported by a witness statement stating the grounds on which it is made.

(7) Where an order to suspend such action is made, the applicant must deliver a copy of the order to the official receiver as soon as reasonably practicable.

Application to Chief Land Registrar to register bankruptcy order

10

(1) The application for registration of the bankruptcy order delivered to the Chief Land Registrar under rule 10.32 must contain—

(a) identification details for the proceedings;

(b) a statement that the official receiver is applying for registration of a bankruptcy order in the register of writs and orders under section 6 of the Land Charges Act 1972 ;

(d) the bankrupt's gender, if known;

(e) details of the bankrupt's trade, profession or occupation, including any trading name and, in the case of a partnership, the name and gender, if known, of each of the other partners;

(f) the postal address for each known place of residence of the bankrupt, including the bankrupt's business address where the official receiver considers it to be appropriate for the purpose of the notice;

(g) the relevant key number allocated by the Chief Land Registrar;

(h) the date of the bankruptcy order; and

(i) the name and postal address of the petitioner.

(2) The application must be authenticated and dated by the official receiver.

(3) A separate application must be completed for each address and for any alternative name by which the bankrupt has been or is known (other than any trading name).

CHAPTER 3 — Debtors' bankruptcy applications

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Preliminary

10

This Chapter relates to a debtor's bankruptcy application and the making of a bankruptcy order on the application of a debtor.

Bankruptcy application for a bankruptcy order

10

(1) In the bankruptcy application the debtor must—

(a) state that the debtor is unable to pay the debtor's debts;

(b) request that the adjudicator make a bankruptcy order against the debtor;

(d) state whether a bankruptcy order has been made in respect of any of the debts which are the subject of the bankruptcy application;

(e) state whether the debtor has taken debt advice before completing the bankruptcy application;

(f) consent to verification checks being made by the adjudicator;

(g) provide the information set out in Schedule 7;

(h) provide the additional information set out in Schedule 8;

(i) state that the information provided in accordance with this rule is accurate and up-to-date at the date of the bankruptcy application; and

(j) state that the prescribed fee and deposit have been paid in full.

(2) The bankruptcy application must be authenticated by the debtor.

Procedure for making a bankruptcy application and communication with the adjudicator

10

(1) The bankruptcy application must be completed in accordance with these Rules in electronic form and delivered to the adjudicator by electronic means unless otherwise agreed with the adjudicator in accordance with paragraph (4).

(2) For the purposes of rule 10.35(1)(i) the date of the bankruptcy application is the date that the debtor submits the bankruptcy application to the adjudicator under these Rules.

(3) A bankruptcy application is made when its receipt has been acknowledged by the adjudicator by electronic or other means.

(4) In the event of any malfunction or error in the operation of the electronic form or means of delivery, the adjudicator must—

(a) agree that debtors may, for a specified period, complete and deliver bankruptcy applications in another format; and

(b) provide an alternative means of delivery for the bankruptcy application and details of any terms or conditions to which their use is subject.

(5) If a bankruptcy application is completed in hard copy, it may not be delivered by fax.

(6) Where the debtor has given an electronic address in the bankruptcy application, the adjudicator must so far as reasonably practicable communicate with the debtor by electronic means.

(7) Unless the contrary is shown, a document (other than a bankruptcy application) is to be treated as delivered by electronic means to an electronic address where the sender can produce a copy of the electronic communication which—

(a) contains the document; and

(b) shows the time and date the communication was sent and the electronic address to which it was sent.

(8) Unless the contrary is shown, a document (other than a bankruptcy application) is to be treated as delivered to the electronic address to which it is sent at 9.00am on the next business day after it was sent.

(9) Rule 1.45 does not apply to electronic delivery of documents between a debtor and the adjudicator.

Application to the Chief Land Registrar to register a bankruptcy application

10

(1) When a bankruptcy application is made, the adjudicator must as soon as reasonably practicable deliver to the Chief Land Registrar an application for registration of the bankruptcy application, in the register of pending actions.

(2) The application must contain—

(a) a statement that the adjudicator is applying for registration of a bankruptcy application as a pending action under section 5 of the Land Charges Act 1972 ;

(b) the debtor's name and any alternative name by which the debtor has been or is known;

(d) the debtor's gender, if known;

(e) the debtor's occupation, including any trading name;

(f) the postal address for each known place of residence of the debtor;

(g) the debtor's business address where the adjudicator considers it appropriate for the purpose of the application;

(h) the relevant key number allocated by the Chief Land Registrar;

(i) the reference allocated to the bankruptcy application; and

(j) the date of the bankruptcy application.

(3) The application must be authenticated and dated by the adjudicator.

Verification checks

10

For the purpose of determining whether the adjudicator can make a bankruptcy order, verification checks may be made in, or with, one or more of the following—

(a) the electoral registers for such districts in England and Wales as the adjudicator considers appropriate to determine the identity and residence of the debtor;

(b) the individual insolvency register;

(d) a credit reference agency.

Determination of the bankruptcy application

10

(1) The adjudicator must determine whether to make a bankruptcy order within the determination period referred to in rule 10.40.

(2) In reaching a determination, the adjudicator must have regard to whether the requirements of section 263K of the Act are met.

(3) During the determination period the adjudicator may request such further information from the debtor as the adjudicator considers is necessary in order to make the determination, such information to be provided in writing or at the request of the adjudicator, to be provided orally.

(4) Subject to paragraph (5), the adjudicator must make a determination from the information provided under rule 10.35(1)(g), any further information provided under paragraph (3) and from the verification checks.

(5) Before determining that the requirements of section 263K are not met, the adjudicator must have regard to the additional information provided under rule 10.35(1)(h).

The determination period

10

(1) The determination period is 28 days from the date the bankruptcy application is made.

(2) Where the adjudicator requests further information from the debtor more than 14 days after the date the bankruptcy application is made, the determination period is extended by 14 days.

(3) A failure to make a determination within the determination period is a refusal.

Settlement and contents of bankruptcy order

10

(1) The bankruptcy order must be settled by the adjudicator.

(2) The bankruptcy order must contain—

(a) the information set out in Part 1 of Schedule 7;

(b) the date of delivery of the bankruptcy application on which the order is made;

(d) the order either—

(i) that the adjudicator, being satisfied that the EU Regulation as it has effect in the law of the United Kingdom applies, declares that the proceedings are COMI proceedings or establishment proceedings, or

(ii) that the adjudicator is satisfied that the EU Regulation does not apply in relation to the proceedings;

(e) a statement that the official receiver (or one of them) attached to the court is, by virtue of the order, trustee of the bankrupt's estate; and

(f) a notice of the bankrupt's duties in relation to the official receiver under section 291(4) (duties of bankrupt in relation to the official receiver), and in particular to the bankrupt's duty to give the official receiver such inventory of the bankrupt's estate and such other information, and to attend on the official receiver at such times, as the official receiver may reasonably require.

Refusal to make a bankruptcy order and contents of notice of refusal

10

(1) Where the adjudicator determines that the requirements of section 263K are not met, the adjudicator must refuse to make a bankruptcy order.

(2) The adjudicator must deliver notice of the refusal to make a bankruptcy order to the debtor as soon as reasonably practicable after the refusal to make the bankruptcy order under paragraph (1) or under rule 10.40(3).

(3) The notice of refusal must state—

(a) the reason or reasons for the refusal to make a bankruptcy order;

(b) that the debtor may request that the adjudicator review the decision to refuse to make a bankruptcy order within 14 days from the date of delivery of the notice of refusal;

(c) that where a review is requested it will be a review of the information that was available to the adjudicator at the date when the adjudicator refused to make a bankruptcy order;

(d) that following a review, the adjudicator must either—

(i) confirm the refusal to make a bankruptcy order; or

(ii) make a bankruptcy order against the debtor; and

(e) where the adjudicator confirms the refusal following a review, that the debtor may appeal to the court against the decision within 28 days from the date of delivery of the notice of confirmation of the refusal.

Review of refusal to make a bankruptcy order

10

(1) The debtor may request the adjudicator to review the decision to refuse to make a bankruptcy order within 14 days from the date of delivery of the notice of refusal.

(2) The debtor must give reasons for requesting a review but the request may not include additional information that was not available to the adjudicator when the determination was made.

(3) Where the adjudicator makes a bankruptcy order following a review, the bankruptcy order must be settled by the adjudicator in accordance with rule 10.41.

(4) Where the adjudicator confirms the refusal to make a bankruptcy order, the adjudicator must deliver notice to the debtor as soon as reasonably practicable.

(5) The notice will state—

(a) the reason or reasons for confirming the refusal to make the bankruptcy order; and

(b) that the debtor may appeal to the court against the decision within 28 days from the date of delivery of the confirmation of the notice of refusal.

Appeal to the court following a review of refusal to make a bankruptcy order

10

(1) Following a decision by the adjudicator to confirm the refusal to make a bankruptcy order, a debtor may appeal the decision to the court.

(2) An appeal under this rule must be made within 28 days from the date of delivery of the confirmation of the notice of refusal.

(3) The appeal must set out the grounds for the appeal.

(4) The court must either—

(a) dismiss the application; or

(b) make a bankruptcy order against the debtor.

(5) The bankruptcy order must contain—

(a) the information set out in Part 1 of Schedule 7;

(b) the date of delivery of the bankruptcy application on which the order is made;

(d) a statement that the order has been made following an appeal to the court under this rule.

(6) The adjudicator is not personally liable for costs incurred by any person in respect of an application under this rule.

(7) As soon as reasonably practicable after the making of the bankruptcy order the court must deliver sealed copies of the order to the debtor and the official receiver.

Action to follow making of order

10

(1) As soon as reasonably practicable following the making of the bankruptcy order the adjudicator must deliver copies of the bankruptcy order to the debtor and the official receiver.

(2) On the application of the bankrupt to the official receiver, the official receiver must deliver to the bankrupt a hard copy of the bankruptcy order.

(3) Subject to paragraph (5), on receipt of the bankruptcy order, the official receiver—

(a) must as soon as reasonably practicable—

(i) deliver an application to the Chief Land Registrar for registration of the bankruptcy order in the register of writs and orders affecting land, and

(ii) must cause notice of the bankruptcy order to be gazetted;

(b) may cause notice of the bankruptcy order to be advertised in such other manner as the official receiver thinks fit; and

(4) The notice to be gazetted under paragraph (3)(a)(ii) and any notice to be advertised under paragraph (3)(b) must state—

(a) that a bankruptcy order has been made against the bankrupt;

(b) the date of the bankruptcy order;

(d) the date of delivery of the bankruptcy application.

(5) The court may, on the application of the bankrupt or a creditor, order the official receiver to suspend action under paragraph (3), pending a further order of the court.

(6) An application for such action to be suspended must be supported by a witness statement stating the grounds on which it is made.

(7) Where an order is made to suspend such action, the applicant must deliver a copy of it to the official receiver as soon as reasonably practicable.

Application to the Chief Land Registrar

10

(1) The application to the Chief Land Registrar for registration of the bankruptcy order under rule 10.45 must contain—

(a) a statement that the official receiver is applying for registration of a bankruptcy order made by the adjudicator in the register of writs and orders under section 6 of the Land Charges Act 1972;

(b) the bankrupt's name and any alternative names by which the bankrupt has been or is known;

(d) the bankrupt's gender, if known;

(e) the bankrupt's occupation including any trading name;

(f) the postal address for each known place of residence of the bankrupt;

(g) the bankrupt's business address where the official receiver considers it appropriate for the purpose of the application;

(h) the relevant key number allocated by the Chief Land Registrar;

(i) the reference allocated to the bankruptcy order; and

(j) the date of the bankruptcy order.

(2) The application must be authenticated and dated by the official receiver.

The bankruptcy file

10

(1) On receipt of a bankruptcy application, the adjudicator must open a file on which the adjudicator must place the bankruptcy application and any documents which are filed with the adjudicator under this Chapter.

(2) As soon as reasonably practicable following the making of the bankruptcy order the adjudicator must deliver the bankruptcy file to the official receiver.

(3) The official receiver must place on the bankruptcy file—

(a) any documents delivered to the official receiver by the court; and

(b) any notices delivered to the official receiver under these Rules.

(4) The following persons may inspect the bankruptcy file—

(a) the court;

(b) the trustee;

(d) the bankrupt.

(5) Following the making of a bankruptcy order, a creditor may inspect the following information and documents filed on the bankruptcy file—

(a) the information provided to the adjudicator and set out in Schedule 9;

(b) the bankruptcy order; and

(6) The right to inspect the bankruptcy file may be exercised on that person's behalf by a person authorised to do so by that person.

(7) Any person who is not otherwise entitled to inspect the bankruptcy file (or any part of it) may do so if the court gives permission.

(8) The court may direct that the bankruptcy file, a document (or part of it) must not be made available under this rule without the permission of the court.

(9) An application for a direction to withhold the bankruptcy file, a document (or part of it) may be made by—

(a) the official receiver;

(b) the trustee; or

(10) An application under this rule for—

(a) permission to inspect the bankruptcy file; or

(b) a direction to withhold the bankruptcy file, a document (or part of it),

may be made without notice to any other party, but the court may direct that notice must be delivered to any person who would be affected by its decision.

Court to which applications are to be made

10

(1) An application to the court under this Chapter must be made to the debtor's own hearing centre where the debtor is resident in England and Wales.

(2) If the debtor is not resident in England and Wales but was resident or carried on business in England and Wales within the six months immediately preceding the making of the bankruptcy application, an application may be made to the debtor's own hearing centre or to the High Court.

(3) In this rule the debtor's own hearing centre is—

(a) where the debtor has carried on business in England and Wales within the six months immediately preceding the filing with the court of the application, the hearing centre for the insolvency district where for the longest period during those six months—

(i) the debtor carried on business, or

(ii) the principal place of business was located, if business was carried on in more than one insolvency district; or

(b) where the debtor has not carried on business in England and Wales within the six months immediately before making the application to the court, the hearing centre for the insolvency district where the debtor resided for the longest period during those six months.

(4) Where, for whatever reason, it is not possible for the application to be made to the debtor's own hearing centre, the applicant may, with a view to expediting the application, make the application—

(a) where paragraph (3)(a) applies, to—

(i) the hearing centre for the insolvency district in which the debtor resides, or

(ii) whichever court or hearing centre is specified in Schedule 6 as being the nearest full-time court or hearing centre in relation to—

(aa) the hearing centre in paragraph (3)(a), or

(bb) the hearing centre in paragraph (4)(a)(i); or

(b) where paragraph (3)(b) applies, whichever court or hearing centre is specified in Schedule 6 as being the nearest full-time court or hearing centre in relation to the court in that paragraph.

(5) The application must contain sufficient information to establish that it is brought in the appropriate court or hearing centre.

CHAPTER 4 — The interim receiver

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Application for appointment of interim receiver (section 286)

10

(1) An application to the court under section 286 for the appointment of the official receiver or an insolvency practitioner as interim receiver may be made by—

(a) a creditor;

(b) the debtor; or

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The application must be supported by a witness statement stating—

(a) the grounds on which it is proposed that the interim receiver should be appointed;

(b) whether or not the official receiver has been informed of the application and, if so, whether a copy of it has been delivered to that person;

(c) if the proposed interim receiver is an insolvency practitioner, that the insolvency practitioner has consented to act;

(d) whether to the applicant's knowledge there has been proposed or is in force an IVA ; and

(e) the applicant's estimate of the value of the property or business in relation to which the interim receiver is to be appointed;

(f) a statement whether the proceedings will be COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply with the reasons for so stating.

(3) The applicant must deliver copies of the application and the witness statement to the proposed interim receiver and to the official receiver.

(4) If for any reason it is not practicable to deliver a copy of the application to the proposed interim receiver that person must be informed of the application in sufficient time to be able to be present at the hearing.

(5) The official receiver may attend the hearing of the application and make representations.

(6) If satisfied that sufficient grounds are shown for the appointment, the court may appoint an interim receiver on such terms as it thinks just.

Deposit

10

(1) An applicant for an order appointing the official receiver as interim receiver must, before the order is made, deposit with the official receiver, or otherwise secure to the official receiver's satisfaction, such sum as the court directs to cover the official receiver's remuneration and expenses.

(2) If the sum proves to be insufficient, the court may, on the application of the official receiver, order the applicant to deposit or secure an additional sum.

(3) If such additional sum is not deposited or secured within two business days after service of the order on the applicant the court may discharge the order appointing the official receiver as interim receiver.

(4) If a bankruptcy order is made after an interim receiver has been appointed, any money deposited under this rule must (unless it is required because the assets are insufficient to pay the remuneration and expenses of the interim receiver, or the deposit was made by the debtor out of the debtor's own property) be repaid to the person depositing it (or as that person may direct) out of the bankrupt's estate, in the prescribed order of priority.

Order of appointment

10

(1) The order appointing the interim receiver must contain—

(a) identification details for the proceedings;

(b) the name and title of the judge making the order;

(d) identification details for the debtor;

(e) the statement that the court is satisfied—

(i) that the debtor is unable to pay the debtor's debts, and

(ii) that the proceedings are COMI proceedings, establishment proceedings or proceedings to which the EU Regulation as it has effect in the law of the United Kingdom does not apply (as the case may be);

(f) the order either that—

(i) upon the applicant depositing the sum specified in the order with the official receiver, the official receiver is appointed interim receiver of the property of the debtor, or

(ii) the person specified in the order is appointed interim receiver of the property of the debtor;

(g) identification and contact details for the interim receiver, where the interim receiver is not the official receiver;

(h) details of the nature, together with a short description, of the property of which the interim receiver is to take possession;

(i) details of the duties to be carried out by the interim receiver in relation to the debtor's affairs;

(j) a notice to the debtor stating that the debtor must give the interim receiver all the information about the debtor's property that the interim receiver may require in order to carry out the functions imposed on the interim receiver by the order; and

(k) the date of the order.

(2) The court must, as soon as reasonably practicable after the order is made, deliver two sealed copies of the order to the person appointed interim receiver.

(3) The interim receiver must as soon as reasonably practicable deliver a sealed copy of the order to the debtor.

Security

10

(1) This rule applies where an insolvency practitioner is appointed as interim receiver under section 286.

(2) The cost of providing the security required under the Act must be paid in the first instance by the interim receiver.

(3) If a bankruptcy order is not made, the person so appointed is entitled to be reimbursed out of the property of the debtor, and the court may make an order on the debtor accordingly.

(4) If a bankruptcy order is made, the person so appointed is entitled to be reimbursed out of the bankrupt's estate in the prescribed order of priority.

(5) If the interim receiver fails to give or keep up the required security, the court may remove the interim receiver, and make such order as it thinks just as to costs.

(6) If an order is made under this rule removing the interim receiver, or discharging the order appointing the interim receiver, the court must give directions as to whether any, and if so what, steps should be taken for the appointment of another person as interim receiver.

Remuneration

10

(1) The remuneration of an interim receiver (other than the official receiver) must be fixed by the court from time to time on application of the interim receiver.

(2) In fixing the remuneration of the interim receiver, the court must take into account—

(a) the time properly given by the interim receiver and staff of the interim receiver in attending to the debtor's affairs;

(b) the complexity of the case;

(c) any respects in which, in connection with the debtor's affairs, there falls on the interim receiver any responsibility of an exceptional kind or degree;

(d) the effectiveness with which the interim receiver appears to be carrying out, or to have carried out, the duties of the interim receiver; and

(e) the value and nature of the property with which the interim receiver has to deal.

(3) Without prejudice to any order the court may make as to costs, the interim receiver's remuneration (whether the official receiver or another) must be paid to the interim receiver, and the amount of any expenses incurred by the interim receiver (including the remuneration and expenses of any special manager appointed under section 370) reimbursed—

(a) if a bankruptcy order is not made, out of the property of the debtor; and

(b) if a bankruptcy order is made, out of the bankrupt's estate in the prescribed order of priority; or

(4) Unless the court otherwise directs, if a bankruptcy order is not made, the interim receiver may retain out of the debtor's property such sums or property as are or may be required for meeting the remuneration and expenses of the interim receiver.

(5) Where a person other than the official receiver has been appointed interim receiver, and the official receiver has taken any steps for the purpose of obtaining a statement of affairs or has performed any other duty under these Rules, the interim receiver must pay the official receiver such sum (if any) as the court may direct.

Termination of appointment

10

(1) The appointment of the interim receiver may be terminated by the court on the application of the interim receiver, or a person specified in rule 10.49(1).

(2) If the interim receiver's appointment terminates, in consequence of the dismissal of the bankruptcy petition or otherwise, the court may give such directions as it thinks just relating to the accounts of the interim receiver's administration and any other matters which it thinks appropriate.

CHAPTER 5 — Disclosure of the bankrupt's affairs

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Sub-division A: creditor's petition

Notice requiring statement of affairs (section 288)

10

(1) Where, under section 288 , the official receiver requires a bankrupt to provide the official receiver with a statement of affairs, the official receiver must deliver a notice to the bankrupt.

(2) The notice must be headed “Notice requiring statement of affairs” and must—

(a) require the bankrupt to prepare and submit to the official receiver a statement of affairs;

(b) inform the bankrupt of the date by which the statement must be delivered; and

(3) The official receiver must deliver instructions for the preparation of the statement of affairs with the notice.

Statement of affairs

10

(1) The statement of affairs must contain—

(a) identification details for the proceedings;

(b) identification details for the bankrupt;

(d) a list of the bankrupt's secured creditors giving in relation to each—

(i) the name and postal address,

(ii) the amount owed to the creditor, and

(iii) particulars of the property of the bankrupt which is claimed by the creditor to clear or reduce the creditor's debt and the value of that property;

(e) a list of unsecured creditors giving in relation to each—

(i) the name and postal address of the creditor,

(ii) the amount the creditor claims the bankrupt owes to that creditor, and

(iii) the amount the bankrupt thinks is owed by the bankrupt to that creditor;

(f) a list of the bankrupt's total assets (which must include anything not previously mentioned in the statement of affairs which may be of value) divided into the following categories and giving the value of each asset listed—

(i) cash at the bank or building society,

(ii) household furniture and belongings,

(iii) life policies,

(iv) money owed to the bankrupt,

(v) stock in trade,

(vi) motor vehicles, and

(vii) other property; and

(g) the total value of the assets listed under paragraph (f).

(2) The bankrupt must authenticate and date each page of the statement of affairs.

(3) The statement of affairs must be verified by a statement of truth and delivered to the official receiver, together with one copy.

(4) The official receiver must file the verified statement with the court.

Limited disclosure

10

Where the official receiver thinks that disclosure of the whole or part of the statement of affairs would be likely to prejudice the conduct of the bankruptcy or might reasonably be expected to lead to violence against any person, the official receiver may apply to the court for an order that the statement of affairs or any specified part of it either—

(a) must not be filed with the court; or

(b) must be filed separately and not open to inspection otherwise than with permission of the court.

Requirement to submit statement of affairs and extension of time (section 288(3))

10

(1) The official receiver may exercise the power in section 288(3) to require the bankrupt to submit a statement of affairs under section 288(3) and to grant an extension of time, either on the official receiver's own initiative, or at the bankrupt's request.

(2) A bankrupt required to submit a statement of affairs under paragraph (1) may apply to the court for a release or extension of time, if the official receiver has refused to release the bankrupt from that requirement or grant an extension.

(3) On receipt of an application, the court may, if it is satisfied that no sufficient cause is shown for it, dismiss it without giving notice to any party other than the applicant.

(4) Unless the application is dismissed, the court must fix a venue for it to be heard.

(5) The applicant must, at least 14 days before any hearing, deliver to the official receiver a notice stating the venue with a copy of the application and any evidence on which the applicant intends to rely.

(6) The official receiver may do either or both of the following—

(a) file a report of any matters which the official receiver thinks ought to be drawn to the court's attention; or

(b) appear and be heard on the application.

(7) If such a report is filed, the official receiver must deliver a copy of it to the bankrupt not later than five business days before the hearing.

(8) The court must deliver sealed copies of any order made on the application to the bankrupt and the official receiver.

(9) The bankrupt must pay the bankrupt's costs of the application in any event and, unless and to the extent the court orders otherwise, no allowance in respect of them will be made out of the bankrupt's estate.

Expenses of assisting bankrupt to prepare statement of affairs

10

(1) If the bankrupt cannot personally prepare a proper statement of affairs, the official receiver may, at the expense of the bankrupt's estate, employ a person or firm to assist in the preparation of the statement.

(2) At the request of the bankrupt, made on the grounds that the bankrupt cannot personally prepare a proper statement, the official receiver may authorise an allowance payable out of the bankrupt's estate (in accordance with the prescribed order of priority) of all or part of the expenses to be incurred by the bankrupt in employing a person or firm to assist the bankrupt in preparing it.

(3) The bankrupt's request must be accompanied by an estimate of the expenses involved, and the official receiver must only authorise the employment of a named person or named firm approved by the official receiver.

(4) The official receiver may make the authorisation subject to such conditions (if any) as the official receiver thinks fit relating to the manner in which any person may obtain access to relevant documents and other records.

(5) Nothing in this rule relieves the bankrupt from any obligation relating to the preparation, verification and submission of a statement of affairs, or to the provision of information to the official receiver or the trustee.

Delivery of accounts to official receiver

10

(1) The bankrupt must, at the request of the official receiver, deliver to the official receiver accounts relating to the bankrupt's affairs of such nature, as at such date and for such period as the official receiver may specify.

(2) The period specified may begin from a date up to three years before the date of the presentation of the bankruptcy petition.

(3) The court may, on the official receiver's application, require accounts for any earlier period.

(4) Rule 10.59 (expenses of assisting bankrupt to prepare statement of affairs) applies to accounts to be delivered under this rule as it applies to the statement of affairs.

(5) The accounts must, if the official receiver so requires, be verified by a statement of truth, and (whether or not so verified) delivered to the official receiver within 21 days of the request, or such longer period as the official receiver may allow.

Further disclosure

10

(1) The official receiver may at any time require the bankrupt to deliver in writing further information amplifying, modifying or explaining any matter contained in the bankrupt's statement of affairs, or in accounts delivered under the Act or these Rules.

(2) The information must, if the official receiver directs, be verified by a statement of truth, and (whether or not verified) delivered to the official receiver within 21 days from the date of the requirement, or such longer period as the official receiver may allow.

Sub-division B: Bankruptcy application

Preliminary

10

The rules in this sub-division apply in relation to further disclosure which is required of a bankrupt where the bankruptcy order was made on a bankruptcy application.

Delivery of accounts to official receiver

10

(1) The bankrupt must, at the request of the official receiver, deliver to the official receiver accounts relating to the bankrupt's affairs of such nature, as at such date and for such period as the official receiver may specify.

(2) The specified period may begin from a date up to three years preceding the date of the bankruptcy application.

(3) The accounts must, if the official receiver so requires, be verified by a statement of truth, and (whether or not so verified) be delivered to the official receiver within 21 days of the request or such longer period as the official receiver may allow.

(4) The court may, on the official receiver's application, require accounts in respect of any earlier period.

Expenses of preparing accounts

10

(1) If the bankrupt cannot personally prepare adequate accounts under rule 10.63, the official receiver may, at the expense of the bankrupt's estate, employ a person or firm to assist in their preparation.

(2) At the request of the bankrupt, made on the grounds that the bankrupt cannot personally prepare the accounts, the official receiver may authorise an allowance payable out of the bankrupt's estate (in accordance with the prescribed order of priority) of all or part of the expenses to be incurred by the bankrupt in employing a person or firm to assist the bankrupt in their preparation.

(3) The bankrupt's request must be accompanied by an estimate of the expenses involved; and the official receiver must only authorise the employment of a named person or a named firm, being in either case approved by the official receiver.

(4) The official receiver may make the authorisation subject to such conditions (if any) as the official receiver thinks fit relating to the manner in which any person may obtain access to relevant documents and other records.

(5) Nothing in this rule relieves the bankrupt from any obligation relating to the preparation and delivery of accounts, or to the provision of information to the official receiver or the trustee.

Further disclosure

10

(1) The official receiver may at any time require the bankrupt to deliver in writing further information amplifying, modifying or explaining any matter contained in the bankruptcy application, or in accounts delivered under the Act or these Rules.

(2) The information must, if the official receiver so directs, be verified by a statement of truth, and (whether or not so verified) delivered to the official receiver within 21 days from the date of the requirement, or such longer period as the official receiver may allow.

Sub-division C: Reports by the official receiver

Reports by the official receiver

10

(1) The official receiver must deliver a report on the bankruptcy and the bankrupt's affairs to the creditors at least once after the making of the bankruptcy order.

(2) The report must contain—

(a) identification details for the proceedings;

(b) contact details for the official receiver;

(d) such comments on the summary and the bankrupt's affairs as the official receiver thinks fit; and

(e) any other information of relevance to the creditors.

(3) The official receiver may apply to the court to be relieved of any duty imposed by this rule or to be authorised to carry out the duty in another way.

(4) On such an application the court must have regard to the cost of carrying out the duty, to the amount of the assets available, and to the extent of the interest of creditors or any particular class of them.

(5) If a bankruptcy order is annulled, any duty of the official receiver to deliver a report under this rule ceases.

CHAPTER 6 — THE TRUSTEE IN BANKRUPTCY

[Note: a document required by the Act or these Rules must also contain the standard contents set out in Part 1.]

Sub-division A: appointment and associated formalities

Appointment by creditors of new trustee

10

(1) This rule applies where the bankrupt's creditors decide to remove a trustee in bankruptcy under section 298 but do not, as part of the decision procedure to remove the trustee, appoint a new trustee.

(2) The existing trustee must send the creditors a notice inviting proposals for a new trustee.

(3) The notice must contain a statement explaining the effect of section 298(4B) (decision of creditors to remove a trustee does not take effect until creditors appoint another trustee).

(4) The notice must also explain that the existing trustee is not obliged to seek the creditors' views on any proposals that do not meet the requirements of paragraphs (5) and (6).

(5) Any proposal must state the name and contact details of the proposed trustee, and contain a statement that the proposed trustee is qualified to act as an insolvency practitioner in relation to the bankrupt and has consented to act as trustee.

(6) Any proposal must be received by the existing trustee within five business days of the date of the notice.

(7) Following the end of the period for inviting proposals under paragraph (2) of this rule, where any proposals are received the existing trustee must seek a decision from the creditors on the appointment of a replacement trustee by—

(a) a decision procedure; or

(b) the deemed consent procedure.

(8) Where paragraph (7) applies, the existing trustee must send the creditors a notice which complies with rules 15.7 and 15.8 so far as are relevant.

(9) The notice must also identify any person proposed to be nominated as trustee in accordance with this rule.

(10) The decision date in the notice must be no later than 14 days after the date for receiving proposals has passed.

(11) The creditors must be given at least seven days' notice of the decision date.

(12) A notice inviting proposals for a new trustee under paragraph (2) may be sent before or after the date of the decision to remove the trustee.

(13) Nothing in this rule affects the official receiver's ability under section 296(1) , at any time when trustee, to apply to the Secretary of State to appoint a trustee instead of the official receiver.

Certification of appointment

10

(1) This rule applies where a person has been appointed as trustee by a decision of the creditors.

(2) The convener or the chair (as the case may be) must certify the appointment, but not unless and until the appointee has delivered to the convener or chair a statement that the appointee is an insolvency practitioner qualified to act as trustee in relation to the bankrupt and consents to act.

(3) The trustee's appointment takes effect from the date on which the appointment is certified, that date to be endorsed on the certificate.

(4) The certificate must contain—

(a) identification details for the proceedings;

(b) identification details for the bankrupt;

(d) the date on which the creditors made the appointment; and

(e) the statement that the appointee—

(i) has provided a statement of being qualified to act as an insolvency practitioner in relation to the bankrupt,

(ii) has consented to act, and

(iii) was appointed trustee of the bankrupt's estate.

(5) The certificate must be authenticated and dated by the person who certifies the appointment.

(6) Where two or more trustees are appointed the certificate must also specify (as required by section 292(3)) the circumstances in which the trustees must act together and the circumstances in which one or more of them may act for the others.

(7) The convener or chair (if that person is not the official receiver) must deliver the certificate to the official receiver.

(8) The official receiver must in any case deliver the certificate to the trustee.

Cost of the trustee's security (section 390(3))

10

The cost of the trustee's security required by section 390(3) for the proper performance of the trustee's functions is an expense of the bankruptcy.

Creditors' decision to appoint a trustee

10

(1) In the case of a decision on the appointment of a trustee—

(a) if on any vote there are two nominees for appointment, the person who obtains the most support is appointed;

(b) if there are three or more nominees, and one of them has a clear majority over both or all the others together, that one is appointed; and

(c) in any other case the convener or chair must continue to take votes (disregarding at each vote any nominee who has withdrawn and, if no nominee has withdrawn, the nominee who obtained the least support last time) until a clear majority is obtained for any one nominee.

(2) In the case of a decision being made at a meeting, the chair may at any time put to the meeting a resolution for the joint appointment of any two or more nominees.

Appointment by the court (section 291A(2))

10

(1) This rule applies where the court appoints the trustee under section 291A(2) .

(2) The court's order must not be made unless and until the proposed appointee has filed with the court a statement that the proposed appointee is an insolvency practitioner, qualified to act as the trustee in relation to the bankrupt and consents to act.

(3) The order of the court must contain—

(a) identification details the proceedings;

(b) the name and title of the judge making the order;

(d) the capacity in which the applicant made the application;

(e) identification and contact details for the person appointed as trustee;

(f) a statement that that the appointee has filed a statement of qualification to act as an insolvency practitioner in relation to the bankrupt and of consent to act;

(g) the order that the appointee is appointed trustee of the bankrupt's estate; and

(h) the date of the order.

(4) Where two or more trustees are appointed the order must also specify (as required by section 292(3)) the circumstances in which the trustees must act together and the circumstances in which one or more of them may act for the others.

(5) The court must deliver two copies of the order, one of which must be sealed, to the official receiver.

(6) The official receiver must deliver the sealed copy of the order to the person appointed as trustee.

(7) The trustee's appointment takes effect from the date of the order.

Appointment by the Secretary of State

10

(1) This rule applies where the official receiver—

(a) refers the need for an appointment of a trustee to the Secretary of State under section 300(4) ; or

(b) applies to the Secretary of State under section 296 to make the appointment.

(2) If the Secretary of State makes an appointment the Secretary of State must deliver a copy of the certificate of appointment to the official receiver, who must deliver it to the person appointed.

(3) The certificate must specify the date from which the trustee's appointment is to be effective.

Authentication of trustee's appointment

10

Where a trustee is appointed under any of rules 10.70, 10.71 or 10.72, a sealed copy of the order of appointment or (as the case may be) a copy of the certificate of the trustee's appointment may in any proceedings be adduced as proof that the trustee is duly authorised to exercise the powers and perform the duties of trustee of the bankrupt's estate.

Appointment to be gazetted

10

(1) As soon as reasonably practicable after appointment a trustee appointed by a decision of the bankrupt's creditors—

(a) must gazette a notice of the appointment; and

(b) may advertise the notice in other such manner as the trustee thinks fit.

(2) The notice must state—

(a) that a trustee has been appointed by a decision of creditors; and

(b) the date of the appointment.

Hand-over of bankrupt's estate by official receiver to trustee

10

(1) This rule applies where a trustee is appointed in succession to the official receiver acting as trustee.

(2) When the trustee's appointment takes effect, the official receiver must as soon as reasonably practicable do all that is required for putting the trustee into possession of the bankrupt's estate.

(3) On taking possession of the bankrupt's estate, the trustee must discharge any balance due to the official receiver on account of—

(a) expenses properly incurred by the official receiver and payable under the Act or these Rules; and

(b) any advances made by the official receiver in respect of the bankrupt's estate, together with interest on such advances at the rate specified in section 17 of the Judgments Act 1838 on the date of the bankruptcy order.

(4) Alternatively, the trustee may (before taking office) deliver to the official receiver a written undertaking to discharge any such balance out of the first realisation of assets.

(5) The official receiver has a charge on the bankrupt's estate in respect of any sums due under paragraph (3) until they have been discharged, subject only to the deduction from realisations by the trustee of the costs and expenses of such realisations.

(6) The trustee must from time to time out of the realisation of assets discharge all guarantees properly given by the official receiver for the benefit of the bankrupt's estate, and must pay all the official receiver's expenses.

(7) The official receiver must give to the trustee all the information relating to the affairs of the bankrupt and the course of the bankruptcy which the official receiver considers to be reasonably required for the effective discharge by the trustee of the trustee's duties in relation to the bankrupt's estate.

(8) The official receiver must also deliver to the trustee any report of the official receiver under rule 10.66.

Invitation to creditors to form a creditors' committee

10

(1) Where the trustee seeks any decision from the bankrupt's creditors, the trustee must at the same time deliver to the creditors a notice inviting them to decide whether a creditors' committee should be established if sufficient creditors are willing to be members of the committee.

(2) The notice must also invite nominations for membership of the committee, such nominations to be received by a date specified in the notice.

(3) The notice must state that nominations—

(a) must be delivered to the trustee by the specified date; and

(b) can only be accepted if the convener is satisfied as to the creditors' eligibility under rule 17.4.

Sub-division B: resignation and removal

Trustee's resignation and appointment of replacement (section 298(7))

10

(1) A trustee may resign under section 298(7) only—

(a) on grounds of ill health;

(b) because of the intention to cease to practise as an insolvency practitioner;

(i) a conflict of interest, or

(ii) a change of personal circumstances; or

(d) where two or more persons are acting as trustee jointly, and it is the opinion of both or all of them that it is no longer expedient that there should continue to be that number of joint trustees.

(2) Before resigning, the trustee must invite the creditors to consider, either by a decision procedure or by the deemed consent procedure, whether a replacement should be appointed except where the resignation is under sub-paragraph (1)(d).

(3) The notice to the creditors must—

(a) state the trustee's intention to resign;

(b) state that under rule 10.77(8) of the Insolvency (England and Wales) Rules 2016, the trustee will be released 21 days after the date of delivery of the notice of resignation to the prescribed person under section 298(7), unless the court orders otherwise; and

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