July 2010

12.1 Introduction

This chapter provides guidance to the official receiver in deciding when and how he/she should seek to obtain a statement of affairs or other further statement or account, when dealing with company liquidations and bankruptcies. 

The chapter is divided in to the following parts:

Part 1 - General matters which apply to all procedures (paragraphs 12.2 to 12.17)

Part 2 - Company statement of affairs (paragraphs 12.18 to 12.41 )

Part 3 - Bankruptcy  - petition of creditor or insolvency practitioner (paragraphs 12. 42 to 12.48)

Part 4 - Bankruptcy - debtor’s petition (paragraphs 12.49 to12.57)

Part 5 - Further accounts (company & bankruptcy) (paragraphs 12.58 to 12.70)

Part 6 - Allowance towards expenses (paragraphs 12.71 to 12.81)

Part 7 - Deceased insolvents (paragraphs 12.82 to 12.86)

Part 8 - Partnerships (paragraphs 12.87 to 12.94)

 

The following form references are used in this chapter:-

CAR - Case assessment record.

IPROH - Insolvency practitioner appointment, official receiver’s report on handover.

NPRDD - Notice to the personal representative of a deceased debtor (against whom an insolvency administration order has been made).

PIQB - Bankruptcy preliminary information questionnaire.

PIQC - Company preliminary information questionnaire.

PIQDP - Bankruptcy (debtor’s petition) preliminary information questionnaire.

SAAKAS - Statement of affairs, acknowledgement of assistance in preparation (form on which to record the fact that the person making the statement of affairs accepts responsibility for the statement of affairs).

SABK - Statement of affairs, bankruptcy, all of the statutory forms which together comprise the statement of affairs to be completed in respect of a bankruptcy, with guidance notes on their completion.

SACONC - Statement of affairs, statement of concurrence verified by a statement of truth, allows a director to signify his/her agreement to the statement of affairs prepared by a co-director, or draw attention to differences of opinion.

SADA - Statement of affairs deficiency account,  basic forms on which the  deficiency account should be prepared, together with a statement of truth and guidance notes.

SADI - Statement of affairs deceased insolvent, forms  which comprise statement of affairs to be completed in respect of a deceased debtor.

SAFI - Statement of affairs, further information, letter setting out official receiver’s requirement as to further information required, together with a statement of truth for verification of the information.

SANR - Statement of affairs, notice to a director of a limited company that he/she is required to submit a statement of affairs in respect of the company’s affairs.

SARE - Statement of affairs, official receiver’s notice to nominated persons or the bankrupt of release from duty to submit statement of affairs, or extension of time to submit.

SARF - Statement of affairs, form on which it can be recorded that the statement of affairs forms have been received by the nominated persons or the bankrupt, and that they are aware of the date for submission of the statement of affairs.

SARPG - Statement of affairs , letter, forms, guidance notes and a statement of truth where official receiver requires the nominated persons or the bankrupt to provide detailed information relating to receipts and payments, goods purchased and sold.

SAWU - Statement of affairs statutory forms to be completed in respect of a company in liquidation,  including guidance notes on their completion.

The following four forms, although still current, are not available on document production. To access these forms in word format, please click the following link - http://intranet/OROS/CaseMngment/DocProd/DocProdHome.htm   

SALD - Statement of affairs, official receiver’s application to court for an order limiting the disclosure of the whole or part of the statement of affairs.

SALEX - Statement of affairs, covering report on extension application.  Letter under cover of which the official receiver sends a copy of his/her report,  on an application by the nominated person or bankrupt for an extension of time or release from preparing a statement of affairs.

SAPA - Statement of affairs, where nominated person or bankrupt has applied for professional assistance in preparation, provides either a “turn down” letter or agreement to make an allowance.

SAPS - Statement of affairs, where the insolvent is a member of an insolvent partnership, this supplements the insolvent’s own statement of affairs.

 

Statutory forms (debtor’s petition) bankruptcy

Form 6.27             Petition

Form 6.28             Statement of affairs 

Form 6.30             Bankruptcy order

 

The statutory forms are available on the following website:

http://www.insolvency.gov.uk/forms/englandwalesforms.htm

 

 

[Onto Part 1 - General matters which apply to all procedures]