July 2008
Chapter 6A – Annulment
Introduction
6A.1 Introduction to annulment
(Amended April 2010)
Annulment is purely a bankruptcy procedure, available under the Insolvency Act 1986. This chapter provides information on dealing with applications to annul a bankruptcy order, concentrating on the most common grounds which are :
The Insolvency (Amendment) Rules 2010 came into force on 6 April 2010 and have had some effect on annulment procedures in cases where the petition was presented on or after 6 April 2010. The relevant paragraphs have been updated to reflect the changes and information is provided to show when they apply.
Due to the volume of changes required in respect of annulment orders on the grounds of ‘debts and expenses paid in full’, part 3 of this chapter has been re-issued and the guidance therein should be applied to all post 6 April 2010 petition cases. For cases where the petition was presented before 6 April 2010 the previous rules continue to apply and the guidance and advice in Technical Manual Chapter 6A Part 3 (issued July 2008) may be followed. Chapter 6A Part 3 (issue date July 2008) is attached at Annex 1.
This chapter has been subdivided as follows, to assist users in locating the relevant information concerning the different grounds and stages of annulment and associated case law:
Introduction – Annulment introduction - paragraphs 6A.1 to 6A.3
Part 1 – Information applicable to annulment generally - paragraphs 6A.4 to 6A.11
Part 2 – Annulment order on grounds ”ought not to have been made” - paragraphs 6A.12 to 6A.17
Part 3 - Annulment order on grounds “debts and expenses paid in full” – post 6 April 2010 petition cases - paragraphs 6A.18 to 6A.59
Part 4 - Annulment following approved IVA or FTVA - paragraphs 6A.60 to 6A.67
Part 5 - Costs and fees on annulment - paragraphs 6A.68 to 6A.85
Part 6 - Effect of annulment on statements of facts and BRUs/BROs - paragraphs 6A.86 to 6A.94
Part 7 - Action required following annulment of bankruptcy order - paragraphs 6A.95 to 6A.104
Annex 1 – Annulment order on grounds “ debts and expenses paid in full” – pre 6 April 2010 petition cases
AT - Authorisations Team
BRO - Bankruptcy restrictions order
BRU - Bankruptcy restrictions undertaking
CPR - Civil Procedure Rules
EAS - Estate Accounts Services
FTVA - Fast Track Voluntary Arrangement
IAR – Insolvency (Amendment) Rules 2010
IIR - Individual Insolvency Register
ISA - Insolvency Services Account
IVA - Individual Voluntary Arrangement
6A.3 Form references used in this chapter
ANNULFTVA - Application for annulment under section 263D
Gazette notice – annulment of proceedings (word template attached to Case Help Manual part Publication of Insolvency Information)
LCRTB - Letter covering reports sent to bankrupt
NABO - Notice of annulment of bankruptcy order
NFN1 - Notice for newspaper (word template attached to Case Help Manual part Publication of Insolvency Information)
NOACNP - Notice of annulment creditor not proved
Please note that further details of the forms to be used in annulment matters can be found in the ‘Forms to be Used’ section of the Case Help Manual Part Annulments, Rescissions and Recalls.
[Back to Chapter 6 Appeals, stays, and rescissions] [On to Part 1 Information applicable to annulment generally]