October 2007
12.82 Debtor deceased prior to presentation of bankruptcy petition
The details contained in Part 3 of this chapter relating to a creditor’s petition statement of affairs should also be applied generally to a case where an insolvency administration order (under the Administration of Insolvent Estates of Deceased Persons Order 1986 – referred to hereafter as “AIEDPO86”) is made against a deceased debtor who died before the presentation of a bankruptcy petition against him [Note1]. There will be certain fundamental modifications necessary in applying the requirements to the estate of a deceased person.
The AIEDPO86 (Note 2) allows the official receiver the discretion to require the deceased debtor’s personal representative, or, if there is no such representative, a person named by the court, on the application of the official receiver, to submit a statement of the deceased debtor’s affairs. The statement of affairs should show the position of the estate at both the date of death and the date of insolvency administration order. The official receiver may also require supporting schedules, accounts or a deficiency account in support of the statement of affairs. See also paragraph 54.19 regarding the requirement for the personal representative or such other person as the court may direct, to lodge a statement of affairs.
The official receiver should notice to the personal representative of the deceased insolvent on form NPRDD requiring that the statement of affairs be completed, verified by affidavit and submitted to the official receiver, with a copy, within 56 days from the date of the official receiver’s request (unless the official receiver or the court decides to extend the period for submission)[Note 3]. Form SADI should be enclosed rather than Form SABK.
12.85 Person dying after becoming bankrupt
Where a bankruptcy order is made on a creditor’s petition and the bankrupt dies without lodging a statement of affairs, the AIEDPO86 [Note 4] empowers the official receiver to require a personal representative or, if there is no such representative, a person named by the court (on the application of the official receiver), to submit to the official receiver a statement of affairs for a deceased debtor (Form SADI) within 56 days of the date of the official receiver’s request (or such extended period as the official receiver or the court may allow) [Note 5].
In the case of any statement of affairs submitted in circumstances described above, the official receiver may require further information or accounts in the usual way (see Part 5 of this chapter).
For further information regarding the statement of affairs in deceased insolvent cases see Chapter 54, paragraphs 54.19 & 54.4, and the Case Help Manual Part “Deceased Insolvents” paragraphs iii, iv & ix.
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