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The Insolvency (England and Wales) Rules 2016

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This is the original version (as it was originally made).

Entry of information on to the individual insolvency register: bankruptcy orders

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11.16.—(1) Where the official receiver receives a copy of a bankruptcy order from the court under rule 10.32, or from the adjudicator under rule 10.45, the official receiver must cause the following to be entered on the individual insolvency register—

(a)the matters listed in rules 10.8 or the information set out in Part 1 of Schedule 7, relating to the debtor as they are stated in the bankruptcy petition or bankruptcy application;

(b)the date of the bankruptcy order; and

(c)identification details for the proceedings.

(2) The official receiver must cause to be entered on to the individual insolvency register the following information —

(a)the bankrupt’s identification details and date of birth;

(b)the bankrupt’s gender and occupation (if any);

(c)the date of a previous bankruptcy order or debt relief order (if any) made against the bankrupt in the period of six years before the latest bankruptcy order (if there is more than one such previous order only the latest and excluding any bankruptcy order that was annulled or any debt relief order that was revoked);

(d)any name by which the bankrupt was known, not being the name in which the individual was made bankrupt;

(e)the address of any business carried on by the bankrupt and the name in which that business was carried on if carried on in a name other than the name in which the individual was made bankrupt;

(f)the name and address of any insolvency practitioner appointed to act as trustee in bankruptcy;

(g)the address at which the official receiver may be contacted;

(h)the automatic discharge date under section 279(1); and

(i)where a bankruptcy order is annulled or rescinded by the court, the fact that such an order has been made, the date on which it is made and (if different) the date on which it has effect.

(3) Where the official receiver receives a copy of an order under rule 10.104(6) or 10.142(8) suspending the bankrupt’s discharge the official receiver must cause to be entered on to the individual insolvency register—

(a)the fact that such an order has been made; and

(b)the period for which the discharge has been suspended or that the relevant period has ceased to run until the fulfilment of conditions specified in the order.

(4) Where the official receiver receives under rule 10.143(10) a copy of a certificate of the discharge of an order under section 279(3) the official receiver must cause the following to be entered on the individual insolvency register—

(a)that the court has discharged the order made under section 279(3); and

(b)the new date of discharge of the bankrupt.

(5) Where the order discharging the order under section 279(3) is subsequently rescinded by the court, the official receiver must cause the register to be amended accordingly.

(6) Where a bankrupt is discharged from bankruptcy under section 279(1), the official receiver must cause the fact and date of such discharge to be entered in the individual insolvency register.

(7) This rule is subject to any court order for the non-disclosure of the debtor’s current address made under rule 20.5 (persons at risk of violence: bankruptcy application) or 20.6 (debtors at risk of violence: bankruptcy and debt relief proceedings).

(1)

Section 279(6) is amended by paragraph 12 of Schedule 19 to the Enterprise and Regulatory Reform Act 2013 (c.24).

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