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Rule 6A.4 Entry of information onto the individual insolvency register—bankruptcy ordersF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Secretary of State shall enter onto the individual insolvency register any information that was required to be held on the register of bankruptcy orders maintained by the Secretary of State immediately prior to the coming into force of this Rule and which relates to a bankrupt who—

(a)

has not received his discharge on or before the date that this Rule comes into force; or

(b)

was discharged in the period of 3 months immediately preceding the coming into force of this Rule.

(2)

Where the official receiver receives pursuant to Rule 6.34 or Rule 6.46 a copy of a bankruptcy order from the court, he shall cause to be entered onto the individual insolvency register—

(a)

the matters listed in Rules 6.7 and 6.38 with respect to the debtor as they are stated in the bankruptcy petition;

(b)

the date of the making of the bankruptcy order;

(c)

the name of the court that made the order; and

(d)

the court reference number as stated on the order.

(3)

The official receiver shall cause to be entered onto the individual insolvency register as soon as reasonably practicable after receipt by him, the following information—

(a)

the name, gender, occupation (if any) and date of birth of the bankrupt;

(b)

the bankrupt’s last known address;

(c)

the date of any bankruptcy order (or if more than one the latest of them) made in the period of 6 years immediately prior to the date of the latest bankruptcy order made against the bankrupt (excluding for these purposes any order that was annulled);

(d)

any name by which the bankrupt was known, not being the name in which he was adjudged 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 bankrupt was adjudged 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; and

(h)

the automatic discharge date under section 279.

(4)

Where pursuant to Rule 6.176(5) or Rule 6.215(8) the official receiver receives a copy of an order suspending the bankrupt’s discharge he shall cause to be entered onto 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.

(5)

Where pursuant to Rule 6.216(7) a copy of a certificate certifying the discharge of an order under section 279(3) is received by the official receiver, he shall cause to be entered onto 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,

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

(6)

Where a bankrupt is discharged from bankruptcy under section 279(1) or section 279(2), the official receiver shall cause the fact and date of such discharge to be entered in the individual insolvency register.

(7)

This Rule is subject to Rule 6A.5.

Annotations

Textual amendments

F1

Pt. 6A inserted (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 53