PUBLICATION OF INSOLVENCY INFORMATION
5.1 Introduction (amended May 2010)
The Act requires that certain events and information are publicised – for example, the publication of the making of an insolvency order to allow creditors of an insolvent the opportunity to claim in the proceedings, or the publication of the venue (that is, the time, date and place) of a meeting of creditors to allow interested parties an opportunity to attend.
Historically the publication of such matters followed a two-pronged approach – generally, where publication was necessary it was mandatory that the matter be published in the London Gazette and, also, advertised in a local newspaper.
The Insolvency (Amendment) Rules 2009 came into force on 6 April 2009 (see paragraph 5.2 for an explanation of the transitional provisions). The revised Rules continue to require mandatory publication in the London Gazette of key insolvency events (see Part 2), with any further advertising in addition to the notice in the Gazette to be at the discretion of the official receiver as office holder (see Part 3) . The official receiver is free to exercise his/her discretion as to the means by which such advertising will be achieved, there being no requirement that this must be by newspaper.
On 6 April 2010 the Insolvency (Amendment) Rules 2010 came into force (see paragraph 5.2 for an explanation of the transitional provisions). The amended rules set out prescribed contents for any gazette or advertisement that is published by the official receiver (see paragraph 5.12A and 5.12B for further details). All the templates for the publication of gazettes and advertisements have been revised to include the required contents and these must be used for all cases from 6 April 2010. For details of the form templates please refer to the Case Help Manual part “Publication of Insolvency Information”
This chapter gives advice and information on those matters which require publication in the London Gazette, matters to be taken into account when considering whether to publicise the matter further and the small number of instances where further publication is mandatory.The chapter is divided into parts as follows:
Part 1 – Publication of insolvency information – general - insolvency petition presented on or after 6 April 2009 (paragraphs 5.2 to 5.7)
Part 2 – Publication of insolvency information – practicalities - insolvency petition presented on or after 6 April 2009 (paragraphs 5.8 to 5.38)
Part 3 – Discretionary publication of insolvency information – insolvency petition presented on or after 6 April 2009 (paragraphs 5.39 to 5.55)
Annex 1 - Gazetting and Advertising – insolvency petition presented pre 6 April 2009
Annex 2 – Summary of Rules relating to insolvency events over which official receiver has responsibility and/or discretion to publicise
Annex 3 – Comparison of Rules pre and post 6 April 2009 and the effects of the Insolvency (Amendment) Rules 2010 which came into force on 6 April 2010
The following abbreviations are used in this chapter:
EAS – Estate Accounts Services
F&DM – Fees and Data Management Team
The Gazette – The London Gazette
ORBS – Official Receivers’ Business Support
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