Part 8 - Adjournments
April 2000
Note: [r4.216(1) and Form 4.66 or r6.176(1) and Form 6.59]
The court can adjourn the public examination either to a fixed date or generally. The former may apply, for example, where service is incorrect, further enquiries are needed, or an order is obtained for compliance by the examinee to co-operate in a specific manner e.g. submission of a statement of affairs (see paragraph 14.44). Once the examinee has provided such information or complied with an order, the official receiver should briefly report the facts to the court and request that the public examination be concluded. If there are several matters in one order then the official receiver should clearly delay his report until each has been complied with to his satisfaction. The examinee should be informed of the official receiver’s request to conclude the public examination. A general adjournment will be appropriate where the examinee does not give adequate answers to questions put or it is intended to hold interviews with the examinee to obtain further information.
Where criminal proceedings have been instituted against the examinee, the court may adjourn the hearing where it is of the opinion that continuing the hearing may prejudice a fair trial (see also paragraph 14.34).
Notes: [r4.215(6) or 6.175(6)]
14.52 Reinstatement of adjourned examination
Note: [r4.216(2) and Form PERES or r6.176(2) and Form PERES]
Where the examination has been adjourned generally the official receiver or the examinee may apply to the court to fix a venue for the resumption of the examination and for directions about the notice to be given to those entitled to take part. Where the examinee applies for the resumption of the examination, the court may make it a condition that he pay for the notices to be given and that he give a deposit to the official receiver for that purpose. The official receiver should write to the examinee regarding the deposit required in these circumstances.
Notes: [r4.216(3) or 6.176(3)][intranet form PECOE]
14.53 Suspension of automatic discharge on adjournment - bankruptcy only (Amended August 2010)
Where a public examination in bankruptcy is adjourned for any reason the official receiver may make a verbal application to suspend the operation of any automatic discharge period applicable (for pre 6 April 2010 petition cases the public examination has to be adjourned generally for such an application to be made). The official receiver should ask for the suspension to apply until such time as the official receiver is of the opinion that the bankrupt has complied with his obligations under section(s) 288 and/or 291 of the Insolvency Act 1986 as evidenced by a report filed by the official receiver. Form PEN which is sent to the bankrupt with the public examination order makes reference to the possible suspension of the bankrupt’s discharge. If the bankrupt later complies with his obligations, the official receiver should file a brief report on the court file referring to the order suspending the bankrupt’s discharge and confirming that the official receiver became satisfied that the bankrupt had complied with his obligations as from a specific date given in the report. A copy of that report should be filed in the official receiver’s file.
Further guidance concerning the discharge of the suspension order are given in chapter 22 - Discharge from bankruptcy.
Notes: [s279(3) and r6.176(4) as amended by the Insolvency (Amendment) Rules 2010]
If, without having a reasonable excuse, an examinee fails to attend his public examination, a warrant for the examinee’s arrest may be issued. This is also a contempt of court for which the court may also issue a warrant for the examinee’s arrest. Full details as regards the issue of warrants and the enforcement of warrants (however issued) are given in chapter 13.
Notes: [s134(2)(a) or 364(2)(e) and r7.22 as amended by the Insolvency (Amendment) Rules 2010] [Form PEWA]
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