Rule 10.41 Settlement and contents of bankruptcy order

(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;

(c)

the order that upon reading the application it is ordered that person named be made bankrupt;

(d)

the order either—

F1(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 F2EU 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.

Annotations

Textual amendments

F1: Rule 10.41(2)(d)(i) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 93 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in rule 10.41(2)(d)(i)(ii) substituted (8.12.2017) by The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017 (S.I. 2017/1115), rules 1(1), 23(9)