The Insolvency (England and Wales) Rules 2016

Introductory rule 2

SCHEDULE 1Revocations

Introductory rule 4

SCHEDULE 2Transitional and savings provisions

General

1.  In this Schedule—

“the 1986 Rules” means the Insolvency Rules 1986 as they had effect immediately before the commencement date and a reference to “1986 rule” followed by a rule number is a reference to a rule in the 1986 Rules; and

“the commencement date” means the date these Rules come into force.

Requirement for office-holder to provide information to creditors on opting out

2.—(1) Rule 1.39, which requires an office-holder to provide information to a creditor on the right to opt out under rule 1.38 in the first communication to the creditor, does not apply to an office-holder who has delivered the first communication before the commencement date.

(2) However, such an office-holder may choose to deliver information on the right to opt out in which case the communication to the creditor must contain the information required by rule 1.39(2).

Electronic communication

3.—(1) Rule 1.45(4) does not apply where the relevant proceedings commenced before the commencement date.

(2) In this paragraph “commenced” means—

(a)the delivery of a proposal for a voluntary arrangement to the intended nominee;

(b)the appointment of an administrator under paragraph 14 or 22 of Schedule B1;

(c)the making of an administration order;

(d)the appointment of an administrative receiver;

(e)the passing or deemed passing of a resolution to wind up a company;

(f)the making of a winding-up order; or

(g)the making of a bankruptcy order.

Statements of affairs

4.—(1) The provisions of these Rules relating to statements of affairs in administration, administrative receivership, company winding up and bankruptcy do not apply and the following rules in the 1986 Rules continue to apply where relevant proceedings commenced before the commencement date and a person is required to provide a statement of affairs—

(a)1986 rules 2.28 to 2.32 (administration);

(b)1986 rules 3.3 to 3.8 (administrative receivership);

(c)1986 rules 4.32 to 4.42 (company winding up); and

(d)1986 rules 6.58 to 6.72 (bankruptcy).

(2) In this paragraph “commenced” means—

(a)the appointment of an administrator under paragraph 14 or 22 of Schedule B1;

(b)the making of an administration order;

(c)the appointment of an administrative receiver

(d)the passing or deemed passing of a resolution to wind up a company;

(e)the making of a winding-up order; or

(f)the making of a bankruptcy order.

Savings in respect of meetings taking place on or after the commencement date and resolutions by correspondence

5.—(1) This paragraph applies where on or after the commencement date—

(a)a creditors’ or contributories’ meeting is to be held as a result of a notice issued before that date in relation to a meeting for which provision is made by the 1986 Rules or the 1986 Act;

(b)a meeting is to be held as a result of a requisition by a creditor or contributory made before that date;

(c)a meeting is to be held as a result of a statement made under paragraph 52(1)(b) of Schedule B1 and a request is made before that date which obliges the administrator to summon an initial creditors’ meeting;

(d)a progress meeting is required by section 104A of the 1986 Act(1) in the winding up of a company where the resolution to wind up was passed before 6th April 2010.

(2) Where a meeting is to be held under sub-paragraph (1)(a) to (1)(d), Part 15 of these Rules does not apply and the 1986 Rules relating to the following continue to apply—

(a)the requirement to hold the meeting;

(b)notice and advertisement of the meeting;

(c)governance of the meeting;

(d)recording and taking minutes of the meeting;

(e)the report or return of the meeting;

(f)membership and formalities of establishment of liquidation and creditors’ committees where the resolution to form the committee is passed at the meeting;

(g)the office-holder’s resignation or removal at the meeting;

(h)the office-holder’s release;

(i)fixing the office-holder’s remuneration;

(j)requests for further information from creditors;

(k)hand-over of assets to a supervisor of a voluntary arrangement where the proposal is approved at the meeting;

(l)the notice of the appointment of a supervisor of a voluntary arrangement where the appointment is made at the meeting;

(m)the advertisement of appointment of a trustee in bankruptcy where the appointment is made at the meeting;

(n)claims that remuneration is or that other expenses are excessive; and

(o)complaints about exclusion at the meeting.

(3) Where, before the commencement date, the office-holder sought to obtain a resolution by correspondence under 1986 rule 2.48, 4.63A or 6.88A, the 1986 Rules relating to resolutions by correspondence continue to apply and sub-paragraph (2) applies to any meeting that those rules require the office-holder to summon.

(4) However, any application to the court in respect of such a meeting or vote is to be made in accordance with Part 12 of these Rules.

Savings in respect of final meetings taking place on or after the commencement date

6.—(1) This paragraph applies where—

(a)before the commencement date—

(i)a final report to creditors has been sent under 1986 rule 4.49D (final report to creditors in liquidation),

(ii)a final report to creditors and bankrupt has been sent under 1986 rule 6.78B (final report to creditors and bankrupt), or

(iii)a meeting has been called under section 94 of the 1986 Act (final meeting prior to dissolution); and

(b)a meeting under section 94, 106, 146 or 331 of the 1986 Act is held on or after the commencement date.

(2) Where a meeting is held to which this paragraph applies, Part 15 of these Rules does not apply and the 1986 Rules relating to the following continue to apply—

(a)the requirement to hold the meeting;

(b)notice and advertisement of the meeting;

(c)governance of the meeting;

(d)recording and taking minutes of the meeting;

(e)the form and content of the final report;

(f)the office-holder’s resignation or removal;

(g)the office-holder’s release;

(h)fixing the office-holder’s remuneration;

(i)requests for further information from creditors;

(j)claims that remuneration is or other expenses are excessive; and

(k)complaints about exclusion at the meeting.

(3) However, any application to the court in respect of such a meeting is to be made in accordance with Part 12 of these Rules.

Progress reports and statements to the registrar of companies

7.—(1) Where an obligation to prepare a progress report arises before the commencement date but has not yet been fulfilled the following provisions of the 1986 Rules continue to apply—

(a)1986 rule 2.47 (reports to creditors in administration;

(b)1986 rules 4.49B and 4.49C (progress reports—winding up); and

(c)1986 rule 6.78A (reports to creditors in bankruptcy).

(2) Where before the commencement date, a conversion notice under paragraph 83 of Schedule B1 was sent to the registrar of companies but has not been registered on the commencement date, 1986 rule 2.117A(1) continues to apply once the notice has been registered.

(3) The provisions of these Rules relating to progress reporting do not apply—

(a)in the case of a bankruptcy, where the bankruptcy order was made on a petition presented before 6th April 2010; or

(b)in the case of a winding up, where the winding-up order was made on a petition presented before 6th April 2010.

(4) Where a voluntary winding up commenced before 6th April 2010, 1986 rule 4.223-CVL as it had effect immediately before that date, continues to apply.

Foreign currency

8.—(1) Where, before the commencement date an amount stated in a foreign currency on an application, claim or proof of debt is converted into sterling by the office-holder under 1986 rule 2.86, 1986 rule 4.91, 1986 rule 5A.3 or 1986 rule 6.111, the office-holder and any successor to the office-holder must continue to use that exchange rate for subsequent conversions of that currency into sterling for the purpose of distributing any assets of the insolvent estate.

(2) However when an office-holder, convener, appointed person or chair uses an exchange rate to convert an application, claim or proof in a foreign currency into sterling solely for voting purposes before the commencement date, it does not prevent the office-holder from using an alternative rate for subsequent conversions.

CVA moratoria

9.  Where, before the commencement date, the directors of a company submit to the nominee the documents required under paragraph 6(1) of Schedule A1, the 1986 Rules relating to moratoria continue to apply to that proposed voluntary arrangement.

Priority of expenses of voluntary arrangements

10.  1986 rule 4.21A (expenses of CVA in a liquidation) and 1986 rule 6.46A (expenses of IVA in a bankruptcy) continue to apply where a winding up or bankruptcy petition is presented or a bankruptcy application is made (as the case may be) before the commencement date.

General powers of liquidator

11.  1986 rule 4.184 (General powers of liquidator) continues to apply as regards a person dealing in good faith and for value with a liquidator and in respect of the power of the court or the liquidation committee to ratify anything done by the liquidator without permission before the amendments made to sections 165 and 167 of the Act by section 120(2) and (3) of the Small Business, Enterprise and Employment Act 2015(2) (which removed the requirements for the liquidator to obtain such permission) came into force.

Fast-track voluntary arrangements

12.  Where a fast-track voluntary arrangement is in effect on the commencement date the following 1986 Rules continue to apply to it after the commencement date —

(a)1986 rules 5.35 to 5.50 (fast-track voluntary arrangement);

(b)1986 rules 5.57 to 5.59 (application by official receiver to annul a bankruptcy order under section 263D(3)); and

(c)1986 rules 5.60 to 5.61 (other matters arising on annulments under sections 261(2)(a), 261(2)(b) or 263D(3)).

First trustee in bankruptcy

13.  On the commencement date the official receiver becomes trustee of the bankrupt’s estate where—

(a)a bankruptcy order was made before the commencement date; and

(b)no trustee has yet been appointed.

Applications before the court

14.—(1) Where an application to court is filed or a petition is presented under the Act or under the 1986 Rules before the commencement date and the court remains seised of that application or petition on the commencement date, the 1986 rules continue to apply to that application or petition.

(2) For the purpose of paragraph (1), the court is no longer seised of an application when—

(a)it makes an order having the effect of determining of the application; or

(b)in relation to a petition for bankruptcy or winding up when—

(i)the court makes a bankruptcy order or a winding up order,

(ii)the court dismisses the petition, or

(iii)the petition is withdrawn.

(3) Any application to the court to review, rescind or appeal an order made under paragraph 14(2)(a) is to be made in accordance with Part 12 of these Rules.

Forms

15.  A form contained in Schedule 4 to the 1986 Rules may be used on or after the commencement date if—

(a)the form is used to provide a statement of affairs pursuant to paragraph 4 of this Schedule;

(b)the form relates to a meeting held under the 1986 Rules as described in paragraph 5(1) of this Schedule;

(c)the form is required for the administration of a fast-track voluntary arrangement pursuant to paragraph 12 of this Schedule;

(d)the form is required because before the commencement date, the office-holder sought to obtain the passing of a resolution by correspondence; or

(e)the form relates to any application to the court or petition presented before the commencement date.

Registers

16.—(1) The Secretary of State must maintain on the individual insolvency register, the bankruptcy restrictions register and the debt relief restrictions register information which is on the registers immediately before the commencement date.

(2) The Secretary of State must also enter on the appropriate register referred to in paragraph (1) information received (but not yet entered on the register) before the commencement date.

(3) The Court’s power under Part 20 to order that information must not be entered in those registers where there is a risk of violence applies equally to information received by the Secretary of State before the commencement date but not yet entered on a register.

(4) Any obligation in Part 11 to delete information from a register or to rectify a register applies equally to information entered on the register before these rules come into force.

Administrations commenced before 15th September 2003

17.  The 1986 Rules continue to apply to administrations where the petition for an administration order was presented before 15th September 2003.

Set-off in insolvency proceedings commenced before 1st April 2005

18.  Where before 1st April 2005 a company has entered administration or gone into liquidation, the office-holder, when calculating any set-off must apply the 1986 Rules as they had effect immediately before 1st April 2005.

Calculating the value of future debts in insolvency proceedings commenced before 1st April 2005

19.  Where before 1st April 2005 a company has entered administration or gone into liquidation or a bankruptcy order has been made, the office-holder, when calculating the value of a future debt for the purpose of dividend (and no other purpose) must apply the 1986 Rules as they had effect immediately before 1st April 2005.

Obligations arising under family proceedings where bankruptcy order is made on or before 31 March 2005

20.  Rule 12.3 of the 1986 Rules applies, without the amendments made by rule 44 of the Insolvency (Amendment) Rules 2005(3) to an obligation arising under an order made in family proceedings in any case where a bankruptcy order was made on or before 31 March 2005.

Insolvency practitioner fee estimates

21.—(1) The 1986 Rules apply without the amendments made by the Insolvency (Amendment) Rules 2015(4) in a case where before 1st October 2015—

(a)the appointment of an administrator took effect;

(b)a liquidator was nominated under section 100(2), or 139(3) of the Act;

(c)a liquidator was appointed under section 139(4) or 140 of the Act;

(d)a person was directed by the court or appointed to be a liquidator under section 100(3) of the Act;

(e)a liquidator was nominated or the administrator became the liquidator under paragraph 83(7) of Schedule B1 to the Act; or

(f)a trustee of a bankrupt’s estate was appointed.

(2) Paragraphs (4) and (5) of rule 18.20 do not apply where an administrator was appointed before 1st October 2015 and—

(a)the company is wound up under paragraph 83 of Schedule B1 on or after the commencement date and the administrator becomes the liquidator; or

(b)a winding-up order is made upon the appointment of an administrator ceasing to have effect on or after the commencement date and the court under section 140(1) appoints as liquidator the person whose appointment as administrator has ceased to have effect.

Transitional provision for paragraph 83 cases moving before 6th April 2010

22.  Where—

(a)a company goes into voluntary liquidation under paragraph 83 of Schedule B1; and

(b)article 12(1) of the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010(5) causes section 104A of the Act(6) to apply;

the 1986 Rules as amended by the Insolvency (Amendment) Rules 2010(7) apply to the extent necessary to give effect to section 104A notwithstanding that by virtue of paragraph 1(6)(a) or (b) of Schedule 4 to the Insolvency (Amendment) Rules 2010 those amendments to the Insolvency Rules 1986 would otherwise not apply.

Introductory rule 6

SCHEDULE 3Punishment of offences under these Rules

Rule 1.2(2)

SCHEDULE 4Service of documents

1.—(1) This Schedule sets out the requirements for service where a document is required to be served.

(2) Service is to be carried out in accordance with Part 6 of the CPR(8) as that Part applies to either a “claim form” or a “document other than the claim form” except where this Schedule provides otherwise or the court otherwise approves or directs.

(3) However, where a document is required or permitted to be served at a company’s registered office service may be effected at a previous registered office in accordance with section 87(2) of the Companies Act.

(4) In the case of an overseas company service may be effected in any manner provided for by section 1139(2) of the Companies Act.

(5) If for any reason it is impracticable to effect service as provided for in paragraphs (2) to (4) then service may be effected in such other manner as the court may approve or direct.

(6) The third column of the table below sets out which documents are treated as “claim forms” for the purposes of applying Part 6 of the CPR and which are “documents other than the claim form” (called in this Schedule “other documents”).

(7) The fourth column of the table sets out modifications to Part 6 of the CPR which apply to the service of documents listed in the first and second columns.

(8) Part 6 of the CPR applies to the service of documents outside the jurisdiction with such modifications as the court may approve or direct.

Service of winding-up petitions

2.—(1) A winding-up petition must be served at a company’s registered office by handing it to a person at that address who—

(a)at the time of service acknowledges being a director, other officer or employee of the company;

(b)is, to the best of the knowledge and belief of the person serving the petition, a director, other officer or employee of the company; or

(c)acknowledges being authorised to accept service of documents on the company’s behalf.

(2) However if there is no one of the kind mentioned in sub-paragraph (1) at the registered office, the petition may be served by depositing it at or about the registered office in such a way that it is likely to come to the notice of a person attending the office.

(3) Sub-paragraph (4) applies if—

(a)for any reason it is not practicable to serve a petition at a company’s registered office;

(b)the company has no registered office; or

(c)the company is an unregistered company.

(4) Where this paragraph applies the petition may be served—

(a)by leaving it at the company’s last known principal place of business in England and Wales in such a way that it is likely to come to the attention of a person attending there; or

(b)on the secretary or a director, manager or principal officer of the company, wherever that person may be found.

Service of administration application (paragraph 12 of Schedule B1)

3.—(1) An application to the court for an administration order must be served by delivering the documents as follows—

(a)on the company at its registered office or if service at its registered office is not practicable at its last known principal place of business in England and Wales;

(b)on any other person at that person’s proper address.

(2) A person’s proper address is any which he has previously notified as the address for service, but if the person has not notified such an address then the documents may be served at that person’s usual or last known address.

(3) Paragraph (4) sets out the proper address for service for an authorised deposit-taker who—

(a)has appointed, or is or may be entitled to appoint, an administrative receiver of the company; or

(b)is, or may be, entitled to appoint an administrative receiver of the company under paragraph 14 of Schedule B1; and

(c)has not notified an address for service.

(4) The proper address for service is—

(a)that of an office of the authorised-deposit taker where the applicant knows the company maintains a bank account; or

(b)where the applicant doesn’t know of any such office, the registered office; or

(c)if there is no such registered office the usual or last known address.

Service on joint office-holders

4.  Service of a document on one of joint office-holders is to be treated as service on all of them.

Service of orders staying proceedings

5.—(1) This paragraph applies where the court makes an order staying an action, execution or other legal process against—

(a)the property of a company; or

(b)the property or person of an individual debtor or bankrupt.

(2) The order may be served within the jurisdiction by serving a sealed copy at the address for service of—

(a)the claimant; or

(b)another party having the carriage of the proceedings to be stayed.

Certificate of service

6.—(1) The service of an application or petition must be verified by a certificate of service.

(2) The certificate of service must—

(a)identify the application or petition;

(b)identify the company, where the application or petition relates to a company;

(c)identify the debtor, where the application relates to an individual;

(d)identify the applicant or petitioner;

(e)specify—

(i)the court or hearing centre in which the application was made or at which the petition was filed, and the court reference number,

(ii)the date of the application or petition,

(iii)whether the copy served was a sealed copy,

(iv)the person(s) served, and

(v)the manner of service and the date of service; and

(f)be verified by a statement of truth.

(3) Where substituted service has been ordered, the certificate must be accompanied by a sealed copy of the order for substituted service.

Table of requirements for service

Rule 1.3

SCHEDULE 5Calculation of time periods

[Note: section 376 of the Act contains a power for the court to extend the time for doing anything required by the Act or these Rules under the Second Group of Parts (Insolvency of Individuals; bankruptcy).]

1.  The rules in CPR 2.8(10) with the exception of paragraph (4) apply for the calculation of periods expressed in days in the Act and these Rules.

2.—(1) This paragraph applies for the calculation of periods expressed in months.

(2) The beginning and the end of a period expressed in months is to be determined as follows—

(a)if the beginning of the period is specified—

(i)the month in which the period ends is the specified number of months after the month in which it begins, and

(ii)the date in the month on which the period ends is—

(aa)the date corresponding to the date in the month on which it begins, or

(bb)if there is no such date in the month in which it ends, the last day of that month;

(b)if the end of the period is specified—

(i)the month in which the period begins is the specified number of months before the month in which it ends, and

(ii)the date in the month on which the period begins is—

(aa)the date corresponding to the date in the month on which it ends, or

(bb)if there is no such date in the month in which it begins, the last day of that month.

3.  The provisions of CPR rule 3.1(2)(a)(11) (the court’s general powers of management) apply so as to enable the court to extend or shorten the time for compliance with anything required or authorised to be done by these Rules.

4.  Paragraph 3 is subject to any time limits expressly stated in the Act and to any specific powers in the Act or these Rules to extend or shorten the time for compliance.

Rule 9.22

SCHEDULE 6Insolvency jurisdiction of county court hearing centres

[Note: where the entry “London Insolvency District” appears in this table, jurisdiction under Parts 1 to 7 of the Act is conferred on the High Court as a result of article 6B of the High Court and County Courts Jurisdiction Order 1991 (S.I. 1991/724) which was inserted by the High Court and County Courts Jurisdiction (Amendment) Order 2014 (S.I. 2014/821).]

Rule 10.35

SCHEDULE 7Information to be provided in the bankruptcy application

PART 1

Debtor’s personal information

1.  Debtor’s title.

2.  Debtor’s identification details.

3.  Any previous name or other names by which the debtor is known or has been known during the last five years immediately before the date of the bankruptcy application.

PART 2

Additional personal information

4.  Debtor’s contact telephone number.

5.  Debtor’s email address (if any).

6.  Debtor’s date of birth.

7.  Debtor’s National Insurance number.

8.  Debtor’s gender.

9.  Any previous address at which the debtor has resided during the three years immediately before the date of the bankruptcy application.

10.  Whether the debtor is—

(a)single;

(b)married;

(c)divorced;

(d)co-habiting;

(e)separated;

(f)widowed;

(g)a civil partner;

(h)a former civil partner; or

(i)a surviving civil partner.

11.  All occupants of the debtor’s household and in relation to each person—

(a)name;

(b)age;

(c)relationship to the debtor; and

(d)whether or not that person is dependent on the debtor.

12.  Any other person dependent on the debtor and in relation to each person—

(a)name;

(b)age;

(c)postal address; and

(d)reason for that person’s dependency on the debtor.

Occupation and employment details

13.  Debtor’s occupation (if any).

14.  Debtor’s employment status.

15.  Where the debtor is employed—

(a)date when the debtor commenced the employment; and

(b)name and address of the employer.

16.  Where the debtor is unemployed—

(a)date when the debtor was last employed;

(b)date when the debtor commenced the employment; and

(c)name and address of the last employer.

17.  Where the debtor has worked for any previous employers during the 12 months immediately before the date of the bankruptcy application—

(a)dates of that employment; and

(b)name and address of those employers.

18.  Where the debtor is, or has been, self-employed other than as a partner in a partnership, during the three years preceding the date of the bankruptcy application, in respect of each business—

(a)date when the business commenced trading;

(b)name and trading address of the business;

(c)name or names, other than the debtor’s name, in which the debtor carried on business;

(d)nature of the business;

(e)trading address or addresses of the business and any address or addresses at which the debtor has carried on business during the period in which any of the debtor’s bankruptcy debts were incurred; and

(f)the date the business ceased trading, if applicable.

19.  Where the debtor traded in a partnership at any time in the three years immediately preceding the date of the bankruptcy application, in respect of each partnership—

(a)date the partnership commenced;

(b)name and trading address of the partnership;

(c)trading address or addresses of the partnership and any address or addresses at which the partnership has carried on business during or after the time when any of the debtor’s bankruptcy debts were incurred; and

(d)date the partnership ceased, if applicable.

20.  Where the debtor is, or has been, a director or involved in the management of a company during the 12 months immediately preceding the date of the bankruptcy application—

(a)name and contact details for each company; and

(b)in the case of any company mentioned in accordance with sub paragraph (a) that is subject to any insolvency proceedings, the office-holder and contact details for that office-holder.

Creditors

21.  In respect of each creditor—

(a)name and address;

(b)account number or reference (if known);

(c)date the debt was incurred;

(d)the amount the creditor claims the debtor owes the creditor; and

(e)where the debt is secured, the property of the debtor which is claimed by the creditor to clear or reduce the creditor’s debt.

22.  Where the debtor has an interest in a property, in relation to each property, its address.

Legal proceedings

23.  Where the debtor is, or has been in the five years immediately preceding the date of the bankruptcy application, involved in proceedings for divorce, separation or the dissolution of a civil partnership—

(a)identity of the proceedings;

(b)nature of the proceedings; and

(c)date and details of any resolution of those proceedings and any agreed settlement, whether formal or informal, and any gifts or transfers of property that occurred in, or as a result, of those proceedings.

24.  Where the debtor is involved in proceedings, other than proceedings for divorce, separation or the dissolution of a civil partnership—

(a)identity of the proceedings;

(b)nature of the proceedings; and

(c)date and details of any interim settlement, whether formal or informal, and any interim orders.

Assets and liabilities

25.  Total value of assets.

26.  Total value of liabilities.

27.  Debtor’s net monthly income from all sources.

28.  Debtor’s monthly surplus income calculated by reference to paragraphs 23 to 30 of Schedule 8 (additional information to be provided in the bankruptcy application).

Rule 10.35

SCHEDULE 8Additional information to be provided in the bankruptcy application

Disposal of assets

1.  Where in the five years preceding the date on which the bankruptcy application is made the debtor has entered into a transaction at an undervalue within the meaning of section 339(1), given a preference within the meaning of section 340(2), has rights or excluded rights under section 342A(3) of the Act or placed an asset into a trust for the benefit of any person, including the surrender of life, endowment and pension policies, in respect of each asset—

(a)description of the asset;

(b)date the debtor gave away, transferred or sold the asset;

(c)consideration given, if any;

(d)name and address of the person to whom the debtor sold, transferred or gave away the asset;

(e)relationship of that person to the debtor;

(f)if relevant, name of the trustees and beneficiaries or class of beneficiaries;

(g)estimated market value of the asset at the date of the bankruptcy application;

(h)net proceeds (if any) (less any charges and legal fees).

2.  Where in the five years preceding the date on which the bankruptcy application is made the debtor has disposed of or sold any property at market value or disposed of, sold at market value or realised any life, endowment and pension policies in respect of each asset—

(a)description of the asset;

(b)date the debtor disposed of, sold at market value or realised the asset; and

(c)net proceeds (if any) (less any charges and legal fees).

Financial arrangements with creditors

3.  Where the debtor has been made bankrupt in the two years immediately preceding the date of the bankruptcy application—

(a)date of the bankruptcy order; and

(b)reference allocated by the official receiver.

4.  Where the debtor has entered into a debt relief order in the two years immediately preceding the date of the bankruptcy application—

(a)date of the debt relief order; and

(b)reference allocated by the official receiver.

5.  Where the debtor has, or has had, an IVA in the two years immediately preceding the date of the bankruptcy application, the date of the arrangement.

6.  Where the debtor has, or has had, an arrangement in force with creditors, other than an IVA in the two years immediately preceding the date of the bankruptcy application, the date and nature of the arrangement.

Legal and financial advisers

7.  Where a solicitor has acted for or on behalf of the debtor in the five years immediately preceding the date of the bankruptcy application, in relation to each solicitor—

(a)name, address and reference of the solicitor; and

(b)nature and date of the transaction or transactions on which the solicitor advised or acted.

8.  Where an accountant, book keeper or other financial adviser has acted for or on behalf of the debtor in the five years immediately preceding the date of the bankruptcy application, in relation to each accountant, book keeper and financial adviser—

(a)name, address and reference; and

(b)dates of acting for the debtor.

Business affairs of a self-employed debtor

9.  Where the debtor traded in a partnership at any time in the three years immediately preceding the date of the bankruptcy application, in respect of each partnership—

(a)names and addresses of each of the partners;

(b)name or names, other than the partners’ names, in which the partnership carried on business; and

(c)the nature of the partnership business.

10.  Where the debtor is or has been self-employed (other than as a partner in a partnership) at any time in the three years immediately preceding the date of the bankruptcy application—

(a)Value Added Tax number, where the business was registered for Value Added Tax;

(b)address where the debtor’s books of account and other accounting records are kept; and

(c)where the debtor holds records on a computer, details of which records are held, what software is used (including any passwords) and where the computer is located.

11.  Where the debtor is or has been self-employed (including a partner in a partnership) at any time in the three years immediately preceding the date of the bankruptcy application—

(a)name and address of any person employed by the debtor immediately preceding the bankruptcy application; and

(b)whether—

(i)the debtor owes any employee or former employee any money, and

(ii)any employee or former employee has or may claim that the debtor owes that person some money.

Financial affairs – assets

12.  The nature and value of each asset belonging to the debtor.

13.  Where any asset is owned jointly with another person—

(a)name and address of that joint owner; and

(b)relationship of that person to the debtor.

14.  Where any asset is subject to the rights of any person (other than a joint owner), whether as a secured creditor of the debtor or otherwise, in respect of each asset—

(a)nature of third party rights;

(b)account number or reference of that creditor or creditors; and

(c)amount each creditor claims is owed to them.

15.  Where the debtor holds or has held in the last two years any bank, building society, credit union or national savings account including any joint, business or dormant accounts, in respect of each account—

(a)name, address and sort code of the bank or supplier;

(b)account number; and

(c)whether or not the debtor’s regular income is paid into the account.

16.  Where the debtor owns a motor vehicle or has disposed of any vehicle during the 12 months immediately preceding the date of the bankruptcy application, in respect of each motor vehicle—

(a)make and model;

(b)registration number;

(c)what the motor vehicle is used for by the debtor

(d)save where the motor vehicle has been disposed of, the location of the motor vehicle; and

(e)where the motor vehicle has been disposed of, the date of disposal and any proceeds from that disposal.

17.  Where the debtor regularly uses a motor vehicle that the debtor does not own, in respect of each motor vehicle—

(a)make and model;

(b)registration number;

(c)name and address of the owner; and

(d)debtor’s relationship to the vehicle’s owner.

18.  Where the debtor owns any property consisting of land or buildings, in respect of each property—

(a)type of and description of the property;

(b)who lives at the property and their relationship to the debtor;

(c)any income received by the debtor from the property; and

(d)nature of the insurance policy currently in force in relation to the property and the expiry date of that insurance policy.

19.  Where the debtor rents or leases a property, in respect of each property—

(a)who lives at the property and their relationship to the debtor;

(b)monthly rent;

(c)name and address of the landlord and any managing agent.

20.  Where the debtor has an interest in any other property, in respect of each property—

(a)nature of the interest;

(b)type of and description of the property;

(c)who lives at the property and their relationship to the debtor;

(d)name and address of the person who permits the debtor to use the property;

(e)amount paid by the debtor to the person who permits the debtor to use the property;

(f)any income received by the debtor from the property; and

(g)whether or not there is a written agreement.

21.  Where the debtor resides at a property in which the debtor has no interest, the basis on which the debtor resides at that property.

22.  Where the debtor has or has held within the five years immediately before the date of the bankruptcy application any occupational pension, personal pension, endowment or other life policy in relation to each policy—

(a)type of policy;

(b)name and address of the pension, endowment or life assurance company or broker;

(c)policy number;

(d)approximate date when the policy was taken out;

(e)estimated value of policy;

(f)amount (if any) being received now by the debtor and the frequency of those payments; and

(g)name of the beneficiary or beneficiaries of the policy.

Financial affairs – income and expenditure

23.  Debtor’s total annual income from all sources, the sources of that income and the amount from each source.

24.  Total annual household income from all sources, the sources of that income and the amount from each source.

25.  Current (or last) income tax reference number.

26.  Monthly national insurance.

27.  Mean monthly tax.

28.  Where the debtor has any current attachment of earnings orders in force, in respect of each attachment of earnings order—

(a)name of creditor;

(b)name of the court that made the attachment of earnings order.

29.  Particulars of the debtor’s mean monthly expenditure which the debtor claims is necessary to meet the monthly reasonable domestic needs of the debtor’s family, including the objective and the amount of that expenditure.

30.  Particulars of the debtor’s monthly expenditure not otherwise provided under this Schedule.

Enforcement officers and enforcement agents

31.  Where an enforcement officer or enforcement agent has visited the debtor in the last six months—

(a)name of the creditor by whom the relevant debt is claimed;

(b)date of initial visit;

(c)description and estimated value of property seized.

Cause of insolvency

32.  Why the debt was incurred.

33.  Date when the debtor first experienced difficulty in paying some or all of the debtor’s debts.

34.  Reasons for the debtor not having enough money to pay some or all of the debtor’s debts.

35.  Where the debtor has gambled any money through betting or gambling during the last two years, how much the debtor has gambled.

Rule 10.47

SCHEDULE 9Information to be given to creditors

1.  Title of the debtor.

2.  Debtor’s identification details.

3.  Any previous name or other names by which the debtor is known or has been known during the last five years immediately before the date of the bankruptcy application.

4.  Any previous address at which the debtor has resided at during the three years immediately before the date of the bankruptcy application.

5.  Name and address for each creditor.

6.  Amount each creditor claims is due.

7.  Debtor’s occupation (if any).

8.  Debtor’s employment status.

9.  Where the debtor is, or has been, self-employed other than as a partner in a partnership, during the three years preceding the date of the bankruptcy application, in respect of each business—

(a)name and trading address of the business;

(b)name or names, other than the debtor’s name, in which the debtor carried on business;

(c)nature of the business;

(d)trading address or addresses of the business and any address or addresses at which the debtor has carried on business during the period in which any of the debtor’s bankruptcy debts were incurred; and

(e)where the business has ceased trading, the date when the business ceased trading.

10.  Total value of assets.

11.  Total value of liabilities.

12.  Where in the five years preceding the date of the bankruptcy application the debtor has given away, placed into a trust for the benefit of any person, given a preference within the meaning of section 340 of the Act, has rights or excluded rights under section 342A of the Act or has transferred or sold for less than its true value any assets that the debtor owned, either alone or jointly, including the surrender of life, endowment and pension policies in relation to each asset—

(a)description of the asset;

(b)date the debtor gave away, transferred or sold the asset;

(c)relationship of that person to the debtor;

(d)estimated market value or true value of the asset at the date of the bankruptcy application;

(e)value at which the asset was given away, transferred or sold; and

(f)net proceeds (if any) (less any charges and legal fees).

13.  Where any asset is owned jointly with another person, the nature of the asset.

14.  Where any asset is subject to the rights of any person (other than a joint owner), whether as a secured creditor of the debtor or otherwise, in respect of each asset, the nature of third party rights.

15.  Where the debtor owns a motor vehicle or has disposed of any vehicle during the 12 months immediately preceding the date of the bankruptcy application, in respect of each motor vehicle—

(a)make, model and year of manufacture;

(b)what the motor vehicle is used for by the debtor;

(c)save where the motor vehicle has been disposed of, the location of the motor vehicle;

(d)where the motor vehicle has been disposed of, the date of disposal and any proceeds from that disposal.

16.  Where the debtor regularly uses a motor vehicle that the debtor does not own, in relation of each motor vehicle—

(a)make and model; and

(b)debtor’s relationship to the vehicle’s owner.

17.  Where the debtor owns or has an interest in any property, in relation to each property—

(a)address;

(b)type of and description of the property;

(c)nature of the interest

(d)value of that interest; and

(e)any income received by the debtor from the property.

18.  Where the debtor holds or has held within the five years immediately before the date of the bankruptcy application any occupational pension, personal pension, endowment or other life policy in relation to each policy—

(a)type of policy;

(b)approximate date when the policy was taken out; and

(c)estimated value of policy.

19.  Debtor’s net monthly income from all sources.

20.  Debtor’s monthly surplus income after taking into account any contribution made by a member of the debtor’s family to the amount necessary for the reasonable domestic needs of the debtor and the debtor’s family.

21.  Current (or last) income tax reference number.

22.  In relation to each creditor—

(a)name and address;

(b)date the debt was incurred;

(c)the amount the creditor claims the debtor owes the creditor;

(d)where the debt is secured, the property of the debtor which is claimed by the creditor to clear of reduce the creditor’s debt.

Rule 12.59

SCHEDULE 10Destination of appeals from decisions of District Judges in corporate insolvency matters

Rule 18.22

SCHEDULE 11Determination of insolvency office-holder’s remuneration