Insolvency Act 1986

288 Statement of affairs.E+W

(1)Where a bankruptcy order has been made otherwise than on a [F1bankruptcy application], [F2the official receiver may at any time before the discharge of the bankrupt require the bankrupt to submit to the official receiver a statement of affairs.]

(2)The statement of affairs shall contain—

(a)such particulars of the bankrupt’s creditors and of his debts and other liabilities and of his assets as may be prescribed, and

(b)such other information as may be prescribed.

[F3(2A)Where a bankrupt is required under subsection (1) to submit a statement of affairs to the official receiver, the bankrupt shall do so (subject to subsection (3)) before the end of the period of 21 days beginning with the day after that on which the prescribed notice of the requirement is given to the bankrupt by the official receiver.]

(3)The official receiver may, if he thinks fit—

(a)release [F4a bankrupt from an obligation imposed on the bankrupt] under subsection (1), or

[F5(b)either when giving the notice mentioned in subsection (2A) or subsequently, extend the period mentioned in that subsection,]

and where the official receiver has refused to exercise a power conferred by this section, the court, if it thinks fit, may exercise it.

(4)A bankrupt who—

(a)without reasonable excuse fails to comply with [F6an obligation imposed under] his section, or

(b)without reasonable excuse submits a statement of affairs that does not comply with the prescribed requirements,

is guilty of a contempt of court and liable to be punished accordingly (in addition to any other punishment to which he may be subject).

Textual Amendments

F2Words in s. 288(1) substituted (6.4.2017) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 15(2); S.I. 2016/1016, art. 2(b) (with art. 3)

F4Words in s. 288(3)(a) substituted (6.4.2017) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 15(4); S.I. 2016/1016, art. 2(b) (with art. 3)

F6Words in s. 288(4)(a) substituted (6.4.2017) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 15(6); S.I. 2016/1016, art. 2(b) (with art. 3)

Modifications etc. (not altering text)

C1S. 288 modified (29.9.2008 at 8.00 a.m.) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), art. 13, Sch. 1 para. 1(a)

C3S. 288 applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 8(3)(9), Sch. 4 Pt. II para. 10

C4S. 288(1)(2) modified by S.I. 1986/1999, art. 5, Sch. 2