Are the Insolvency Rules still in force ?

Will Grant made this Rhyddid Gwybodaeth request to Insolvency Rules Committee

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Insolvency Rules Committee fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Insolvency Rules Committee,

Are the Insolvency Rules still in force ?

Do they apply to Councils, Courts, Official Receivers , Land Registry etc

Yours faithfully,

Will Grant

Insolvency.EnquiryLine, Insolvency Rules Committee

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If you wish, you can also contact us by telephone on 0300 678 0015 – by
selecting option 3, followed by option 5.

 

You may also find the information that you require on our website at
[1]http://www.gov.uk/insolvency-service

 

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Insolvency.EnquiryLine, Insolvency Rules Committee

Dear Sir

Thank you for email received on 8 June

Please note that the Insolvency Enquiry Line deals with general queries relating to insolvency and cannot provide advice, only information. Also, The Insolvency Service deals only with the administration and investigation of personal bankruptcies and companies in compulsory liquidation.

I can confirm that the Insolvency Rules are still in force and apply to Debtors, Creditors and Official Receivers

The Insolvency Service is constantly trying to improve the quality of its service, therefore we would like to ask you to spare a few moments of your time to provide customer comments in our survey at https://www.surveymonkey.com/r/Insolvenc...

Your opinions will help us to improve the service which we provide to you. May I thank you in advance for your co-operation.

Yours sincerely

Insolvency Enquiry Line | Communication, Delivery & Technical Team | Business Services Division | The Insolvency Service | 3rd Floor, 1 City Walk, Leeds, LS11 9DA | 0300 678 0015 | www.gov.uk/government/organisations/inso...

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Dear Insolvency.EnquiryLine,

Thank you for confirming that the insolvency rules are still in force and apply to Debtors, Creditors and Official Receivers but do they apply to Council's, Courts and the Land Registry etc ?

Yours sincerely,

Will Grant

Insolvency.EnquiryLine, Insolvency Rules Committee

Dear Sir

Thank you for your further enquiry

Please note that the Insolvency Enquiry Line deals with general queries relating to insolvency and cannot provide advice, only information. Also, The Insolvency Service deals only with the administration and investigation of personal bankruptcies and companies in compulsory liquidation.

Please see Section 363 of the Insolvency Act 1986 - outlining General control of court. reproduced below

(1) Every bankruptcy is under the general control of the court and, the court has full power to decide all questions of priorities and all other questions, whether of law or fact, arising in any bankruptcy.

(2) Without prejudice to any other provision in this Group of Parts, an undischarged bankrupt or a discharged bankrupt whose estate is still being administered under Chapter IV of this Part shall do all such things as he may be directed to do by the court for the purposes of his bankruptcy or, as the case may be, the administration of that estate.

(3) The official receiver or the trustee of a bankrupt's estate may at any time apply to the court for a direction under subsection

(4) If any person without reasonable excuse fails to comply with any obligation imposed on him by subsection (2), he 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

Finally it is of no relevance whether you are a corporate body, individual, public body or government department (Section 434 binds the crown), you are either a debtor, a creditor or an office holder and the Insolvency Act and Rules apply to all

In light of the above, as to whether this applies to the Court, I believe the section speaks for itself.

The Insolvency Service is constantly trying to improve the quality of its service, therefore we would like to ask you to spare a few moments of your time to provide customer comments in our survey at https://www.surveymonkey.com/r/Insolvenc...

Your opinions will help us to improve the service which we provide to you. May I thank you in advance for your co-operation.

Yours sincerely

Insolvency Enquiry Line | Communication, Delivery & Technical Team | Business Services Division | The Insolvency Service | 3rd Floor, 1 City Walk, Leeds, LS11 9DA | 0300 678 0015 | www.gov.uk/government/organisations/inso...

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