The Insolvency (Amendment) Rules 2016

Amendments to the 1986 Rules

5.  In Part 6 (bankruptcy)(1)—

(a) for Chapter 3 (bankruptcy petition (debtor’s)) substitute the Chapter set out in Schedule 1 (amendments to Part 6 (bankruptcy) of the 1986 Rules);

(b) in Rule 6.51 (application for appointment of interim receiver)—

(i) omit paragraphs (1)(c) and (3);

(ii) in paragraph (4) omit the second sentence.

(c) in the heading before Rule 6.67 (preliminary) for “petition” substitute “application”.

(d) for Rule 6.67 (preliminary) substitute—

“6.67.   The Rules in this Section apply in relation to further disclosure which is required of a bankrupt where the bankruptcy order was made on a bankruptcy application.”.

(e) omit Rule 6.68 (contents of statement).

(f) in Rule 6.69(2) (requirement to submit accounts) for “presentation of the bankruptcy petition” substitute “making of the bankruptcy application”.

(g) in Rule 6.72(1) (further disclosure) for “his statement of affairs” substitute “the bankruptcy application”.

(h) in Rule 6.75(1) (report where statement of affairs lodged) omit “or 6.72”.

(i) at the beginning of Rule 6.126A(7)(b) (resignation (application under Rule 6.142)) insert “in a bankruptcy based on a petition”.

(j) in Rule 6.127 (action following acceptance of resignation)—

(i) at the beginning of paragraph (6) for “The” substitute “In a bankruptcy based on a petition the”.

(ii) for paragraph (7) substitute—

“(7) The trustee’s resignation is effective—

(a) in a bankruptcy based on a petition, as from the date on which the official receiver files the copy notice in court, that date to be endorsed on the copy notice;

(b) in a bankruptcy based on a debtor’s application, as from the date on which the official receiver places the copy notice on the bankruptcy file.”.

(k) for Rule 6.128(4) (permission to resign granted by the court) substitute—

“(4) In a bankruptcy based on a debtor’s application the trustee must send notice of resignation to the official receiver.

(4A) In a bankruptcy based on a petition the trustee must send notice of resignation to the court and a copy of such notice to the official receiver.”.

(l) for Rule 6.131 (procedure on removal) substitute—

“6.131.— (1) This Rule applies where the creditors have resolved that the trustee be removed.

(2) The Secretary of State must deliver to the official receiver a notice of reconciliation that the removed trustee has reconciled the trustee’s account with the account held by the Secretary of State in respect of the bankruptcy.

(3) In a bankruptcy based on a petition, where the Secretary of State has delivered the notice of reconciliation to the official receiver—

(a) the official receiver must file the certificate of removal in court; and

(b) the resolution is effective from the date on which the certificate of removal is filed in court.

(4) In a bankruptcy based on a debtor’s application, the resolution is effective from the date of the notice of reconciliation.

(5) The official receiver must deliver a copy of the certificate of removal to the removed trustee, and if a new trustee has been appointed, to the new trustee.”.

(m) in Rule 6.133(2) (removal of trustee by Secretary of State) at the beginning of sub-paragraph (a) insert “where the bankruptcy is based on a petition,”.

(n) in Rule 6.135 (release of resigning or removed trustee)—

(i) in paragraph (1A) for “ on which the official receiver” to the end substitute—

“(a) in a bankruptcy based on a debtor’s application, the chairman of the meeting delivers a certificate under paragraph (7) of that Rule to the official receiver, or

(b) in a bankruptcy based on a petition, the official receiver files a copy of the certificate under paragraph (7) of that Rule in court.”;

(ii) at the end of paragraph (4) before the full stop insert “in a bankruptcy based on a petition”.

(o) in Rule 6.136(3) (release of the official receiver) for “to the court that he has done so. The notice” substitute “of that date to the court in a bankruptcy based on a petition or to the official receiver in a bankruptcy based on the debtor’s application. The notice to the court”.

(p) in Rule 6.137 (final meeting of creditors) in paragraphs (4) and (5) after “to the court” in each paragraph insert “in a bankruptcy based on a petition or to the official receiver in a bankruptcy based on a debtor’s application”.

(q) in Rule 6.143 (trustee deceased)—

(i) at the beginning of paragraph (4) for “The” substitute “In a bankruptcy based on a petition, the”;

(ii) after paragraph (4) insert—

“(4A) In a bankruptcy based on a debtor’s application, the official receiver must place notice of the death on the bankruptcy file for the purpose of fixing the date of the deceased trustee’s release in accordance with section 299(3)(a).”.

(r) in Rule 6.144(2) (loss of qualification as insolvency practitioner) after “file in court” insert “in a bankruptcy based on a petition”.

(s) in Rule 6.220 (certificate of discharge)—

(i) in paragraph (1) after the words “expiration of time or otherwise” insert “and the bankruptcy order was made otherwise than on a bankruptcy application,”;

(ii) after paragraph (1) insert—

“(1A) On payment of the prescribed fee, a bankrupt may apply to the official receiver for a certificate of discharge where the bankruptcy order was made on a bankruptcy application.

(1B) Where it appears to the official receiver that the bankrupt is discharged, the official receiver must deliver a certificate of discharge, and the date from which it is effective, to the former bankrupt by electronic means.

(1C) The certificate of discharge delivered by the official receiver must—

(a) state the former bankrupt’s full name;

(b) state the date of the bankruptcy order;

(c) certify that the former bankrupt was discharged from the bankruptcy;

(d) state the date of discharge from the bankruptcy;

(e) state the date of certification of discharge.”.

(t) in Rule 6.224(1)(d)(ii) (general rule as to priority) omit the words after “sub-paragraph (i)” to the end of the subparagraph.

(1)

Part 6 was amended by S.I. 1987/1919, 1995/586, 1999/359, 2002/1307, 2003/1730, 2005/527, 2009/642, 2010/686, 2011/785 and 2014/817.