Part 7 Case Administration
January 2012
4.129 Case files
(amended August 2012)
The official receiver is required to keep a case file in respect of each bankruptcy. The file is divided into 8 parts. The papers are filed in each section as follows:
Further information on the filing code of practice can be found here.
4.130 Completion of ISCIS Conduct Assessment tab
It is expected that in 80% of cases the ISCIS conduct assessment tabs will be completed within 4 weeks (28 days) of the bankruptcy order, 95% within 6 weeks (42 days) of the bankruptcy order and 100% within 8 weeks (56 days). For further information on completing the ISCIS conduct assessment tab see Chapter 15 and the Pre-targeting Assessment Protocol on the ISCIS Protocols page of the intranet.
4.131 Urgent Secretary of State appointments
The official receiver, in certain circumstances, will need to make an application to the Secretary of State for the appointment of an insolvency practitioner as trustee as a matter of urgency without holding a meeting of creditors and contributories (see Chapter 17 and paragraph 17.47 in particular). For more detailed information relating to meetings and the appointment of insolvency practitioners see Chapter 16 and Chapter 17.
The official receiver should consider calling a first meeting of creditors to appoint a trustee at an early stage in the proceedings. A meeting will not be called where the court appoints a trustee other than the official receiver on the making of the bankruptcy order [Note 1] or where it is decided that a meeting will not be held, commonly referred to as a no meeting decision. Further information about meetings can be found in Chapter 16. Further details on the appointment of a trustee can be found in Chapter 17. It is expected that 80% of the meetings decisions will have been made within 28 days of the bankruptcy order. 95% to have been made within 42 days of the order and 100% within 56 days.
The official receiver should, in a creditor's petition bankruptcy, decide at an early stage in the proceedings to either:
Further information may be found in Part 3 of Chapter 12.
The official receiver shall, at least once after the making of the bankruptcy order issue a report to creditors (RTC) [Note 3]. The RTC will be prepared from information from the bankrupt and third parties, such as banks, solicitors, creditors, etc. It is expected that 80% of reports to creditors will be submitted within 4 weeks (28 days) of the bankruptcy order, 95% within 6 weeks (42 days) of the bankruptcy order and 100% within 8 weeks (56 days). Instructions for the completion of the report to creditors are contained in the Report to Creditors Protocol and further information relating to the report to creditors can be found in the Case Help Manual part Report to Creditors (ISCIS) and Chapter 18.
The official receiver should complete the trade classification tab in ISCIS to enable the information to be collated. The information is automatically collected from ISCIS on the 1st of the month following the making of the bankruptcy order.
4.136 Bankrupt's discharge from the proceedings
(updated October 2013)
The automatic discharge date is automatically generated when the case is initially entered into ISCIS. However the official receiver should enter the date when a bankrupt is granted an early discharge from the proceedings (early discharge is not applicable to bankruptcy orders made on or after 1 October 2013 -see Chapter 22 Part 2). The information will be automatically transferred to the Individual Insolvency Register [Note 4].
4.137 Removing information from the Individual Insolvency Register
All information concerning a bankrupt must be deleted from the Individual Insolvency Register after three months have elapsed from the date of discharge or from the date of rescission or annulment on the grounds of payment in full, and within 28 days if annulled on the grounds that the order ought not to have been made [Note 5].
4.138 Provision of information to creditors in other EU states
As soon as insolvency proceedings are opened in a member state, the court of that state having jurisdiction, or an office holder appointed by it is under a duty to inform known creditors who have their habitual residences, domiciles or registered offices in other member states by individual notice of the circumstances and rules under which they may lodge claims [Note 6]. The notice must satisfy the language requirements of the EU [Note 7]. The official receiver should send ISCIS word template form NORD1EU.bpy to all creditors in other member states at the initial notices stage.
[Back to Part 6 Debtor and creditor petitions –dealing with bankrupts][On to Part 8 Common notices to be issued and action to be taken]