Multiple creditor's bankruptcy petitions

Deb Williams made this Rhyddid Gwybodaeth request to Insolvency Service

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 Service fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Insolvency Service,

Can you provide the insolvency law, rule or policy that allows a creditor to file more than one creditor's bankruptcy petition against an individual they have already bankrupted and whose current bankruptcy period has not expired.

Is a Official Receiver attached to a court required to reject these petitions and their £990 fee.

Please also provide any advise or practice manual given to courts, official receivers and their insolvency offices.

Yours faithfully,

Deb Williams

FOI, Insolvency Service

Good afternoon

We acknowledge your Freedom of Information Act (FOIA) request received by the Information rights team on the 10/05/2019.

The FOIA gives certain rights to members of the public to access information held by public authorities. The FOIA also encourages public authorities to proactively make information available to members of the public (except where exemptions apply) and respond to requests within 20 working days.

We will review your request and provide a response by 10/06/2019, in line with the 20 working days statutory target. If we require any clarification in any aspects of your request, we will endeavour to contact you, your reference number for this request is FOI2019-021.

Further information about FOI can be obtained from the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (Tel: 01625 545 700) www.ico.org.uk.

Kind Regards

Laurie Judge | Information Rights Manager | Information and Technology Directorate | The Insolvency Service | @InsolvencyGovUK | gov.uk/insolvency

In the interest of data security, this email is subject to an OFFICIAL classification unless otherwise instructed.

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FOI, Insolvency Service

1 Atodiad

Dear Mrs Williams

Please see attached our response seeking clarification on your recent request.

Kind Regards

Laurie Judge | Information Rights Manager | Information and Technology Directorate | The Insolvency Service | @InsolvencyGovUK | gov.uk/insolvency

Our email address is changing. From 31 March 2019 emails from the Insolvency Service will come from the new @insolvency.gov.uk domain. For more information please see the GOV.UK website

In the interest of data security, this email is subject to an OFFICIAL classification unless otherwise instructed.

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Dear FOI,

All information you hold in relation to rejecting a creditor's bankruptcy petition against an individual they have already bankrupted. Provide both specific information and general advice relating to and preventing a creditor presenting a second bankruptcy petition against a natural person a non-corporate living individual.

This request does not ask for or relate to liquidation or administration of companies or individuals acting in a corporate capacity, entity or directors.

Yours sincerely,

Deb Williams

FOI, Insolvency Service

Dear Mrs Williams

Thank you for providing clarification on your request we acknowledge receipt of this renewed request on 29 May 2019.

The FOIA gives certain rights to members of the public to access information held by public authorities. The FOIA also encourages public authorities to proactively make information available to members of the public (except where exemptions apply) and respond to requests within 20 working days.

We will review your request and provide a response by 26 June 2019, in line with the 20 working days statutory target. Our reference number for this request is FOI2019-028.

Further information about FOI can be obtained from the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (Tel: 01625 545 700) www.ico.org.uk.

Kind Regards

Laurie Judge | Information Rights Manager | Information and Technology Directorate | The Insolvency Service | @InsolvencyGovUK | gov.uk/insolvency

In the interest of data security, this email is subject to an OFFICIAL classification unless otherwise instructed.

dangos adrannau a ddyfynnir

FOI, Insolvency Service

2 Atodiad

Dear Mrs Williams

Please see attached our response to your request for information.

Kind Regards

Laurie Judge | Information Rights Manager | The Insolvency Service | @InsolvencyGovUK | gov.uk/insolvency

In the interest of data security, this email is subject to an OFFICIAL classification unless otherwise instructed.

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Dear Laurie Judge FOI,

Thank you for the helpful information you have provided.

Does this equally relate to the same creditor filing a second petition for a Post Bankruptcy Debt, and is the creditor entitled to commence fresh proceedings.

Do you have any information as to whether the same creditor can commence fresh proceeding for a post bankruptcy debt under our national law or can they only commerce fresh proceedings and obtain a further second bankruptcy order under EU regulations.

Are all alleged debts treated equally under both national and EU insolvency law.

In other words does our national law allow fresh proceedings to be commenced to obtain a second bankruptcy order for a post bankruptcy debt, after the creditor has already obtained a previous bankruptcy order using our national law (Insolvency Act and Rules).

If a bankruptcy order was previously obtained under the EU regulations would this allow fresh proceedings to be commenced to obtain a second bankruptcy order for a post bankruptcy debt, after the creditor has already obtained a previous bankruptcy order using EU insolvency law..

Or can a creditor mix and match national insolvency law and EU regulations to suit their own agenda.

Yours sincerely,

Deb Williams

Gadawodd Deb Williams anodiad ()

The Insolvency (England and Wales) Rules 2016 - Change of carriage of petition 10.29

How are the local council billing authorites managing to obtain a bankruptcy order where no due process of National Insolvency Law or regulation or practice direction appears to be needed nor followed - and no need to prove a debt?

Is there a bait & switch of jurisdiction (amongst other things) and why they never bother to fill in the solicitors endorsement part on the order with the names of their chosen solicitors. It could also be the reason the order states 'main proceedings' (EU COMI) but without any cross border element involvement or is there an unknown element?

FOI, Insolvency Service

Good Morning

We acknowledge your Freedom of Information Act (FOIA) request received by the Information rights team on the 17/09/2019, it has been allocated the reference FOI2019-078.

The FOI Act gives certain rights to members of the public to access information held by public authorities. The FOI Act also encourages public authorities to proactively make information available to members of the public (except where exemptions apply) and respond to requests within 20 working days.

We will review your request and provide a response by 15/10/2019, in line with the 20 working days statutory target. If we require any clarification in any aspects of your request, we will endeavour to contact you.

Further information about FOI can be obtained from the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (Tel: 01625 545 700) www.ico.org.uk.

Yours sincerely

Information Rights Officer

Information Rights Team | The Insolvency Service - Delivering economic confidence | [Insolvency Service request email] | @InsolvencyGovUK | www.gov.uk/government/organisations/inso...

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FOI, Insolvency Service

1 Atodiad

Good morning

Please find attached our response to your request for information under reference FOI2019-078.

Kind Regards

Information Rights Officer

Information Rights Team | The Insolvency Service - Delivering economic confidence | [Insolvency Service request email] |@InsolvencyGovUK | www.gov.uk/government/organisations/inso...

dangos adrannau a ddyfynnir