The Administration of Insolvent Estates of Deceased Persons Order 1986

Article 5

SCHEDULE 2 DEATH OF DEBTOR AFTER PRESENTATION OF A BANKRUPTCY PETITION

Modifications

1.  For subsections (1) and (2) of section 288 of the Act there shall be substituted the following:—

“(1) Where a bankruptcy order has been made otherwise than on a debtor's petition and the debtor has subsequently died without submitting a statement of his affairs to the official receiver, the personal representative or such other person as the court, on the application of the official receiver, may direct shall submit to the official receiver a statement of the deceased debtor's affairs containing particulars of the assets and liabilities of the estate as at the date of the order together with other particulars of the affairs of the deceased debtor in Form 7 set out in Schedule 3 to the Administration of Insolvent Estates of Deceased Persons Order 1986 or as the official receiver may require, and the Rules shall apply to such a statement as they apply to an ordinary statement of affairs of a debtor.

(2) The statement shall be submitted before the end of the period of fifty-six days beginning with the date of a request by the official receiver for the statement or such longer period as he or the court may allow.”.

2.  At the end of section 330(4)(b) of the Act there shall be added the words “and of the personal representative of a debtor dying after the presentation of a bankruptcy petition in respect of reasonable funeral and testamentary expenses of which notice has not already been given to the trustee”.