The Insolvency (England and Wales) Rules 2016

Report of official receiver

10.161.—(1) Where the bankrupt makes an application under section 280, the official receiver must, at least 21 days before the date fixed for the hearing of the application, file with the court a report containing—

(a) particulars of any failure by the bankrupt to comply with the bankrupt’s obligations under Parts 8 to 11 of the Act;

(b) the circumstances surrounding the present bankruptcy, and those surrounding any previous bankruptcy of the bankrupt;

(c) the extent to which, in the present and in any previous bankruptcy, the bankrupt’s liabilities have exceeded the bankrupt’s assets; and

(d) particulars of any distribution which has been, or is expected to be, made to creditors in the present bankruptcy or, if such is the case, that there has been and is to be no distribution; and

(e) any other matters which in the official receiver’s opinion ought to be brought to the court’s attention.

(2) The official receiver must deliver a copy of the report to the bankrupt and the trustee, so as to reach them at least 14 days before the date of the hearing of the application under section 280.

(3) The bankrupt may, not later than five business days before the date of the hearing, file with the court a notice specifying any statements in the official receiver’s report which the bankrupt intends to deny or dispute.

(4) Such a notice must be authenticated and dated by the bankrupt and must contain the bankrupt’s name and postal address.

(5) The bankrupt must deliver copies of such a notice to the official receiver and the trustee not less than three business days before the date of the hearing.

(6) The official receiver, the trustee and any creditor may appear on the hearing of the bankrupt’s application, and may make representations and put to the bankrupt such questions as the court allows.