(August 2008)

16.154 Normal provisions apply

If a debtor against whom a bankruptcy petition has been presented subsequently dies, the provisions of the Insolvency Act 1986 and the Insolvency Rules 1986, as to meetings, continue to apply as if he/she were alive, unless the court orders otherwise [Note 1]. (See Chapter 54, Part 2, paragraph 54.38).

Those provisions are also applicable in a case where an insolvency administration order is made against an individual who dies before the presentation of a bankruptcy petition against him/her. (See Chapter 54 paragraph 54.2).


16.155 Modifications where insolvency administration order made

Forms of proof of debt [Note 2] in insolvency administration order cases must bear the date of death in substitution for the date of the insolvency administration order, the date of death being the material one for assessing claims [Note 3]. Creditors for debts accruing after death, e.g. for rent, are not creditors of the deceased’s estate [Note 4].


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