Part 3 Dealing with ammendments or variations to court orders

October 2003

50.39 Amendment to bankruptcy order

At any time after the making of a bankruptcy order, the official receiver or trustee may apply to the court for an order amending the title of the proceedings or any part of it. Where such an order is made, the official receiver must send notice, within 24 hours from the date of the order amending the bankruptcy description, to the Chief Land Registrar at the LCD unless the court orders that the notice should not be sent or that advertisement or the proceedings should be stayed (see paragraph 50.40). The Chief Land Registrar will effect any amendments to the register or make any registrations that are required. Where the proceedings are consolidated under the Insolvent Partnerships Order 1994, the official receiver should similarly notify the LCD.

The application should include:- 

  1. details of the pending action number (PA (B)), which can be obtained by reference to the court file; and
  2. the writ or order (bankruptcy) number (WO (B)), which should be recorded in the acknowledgement from the LCD of the application to register the bankruptcy order.

Notes: [The Insolvent Partnerships Order 1994, Article 14] [Form 6.26][r6.35(2) or r6.47(2), LRRABO]

 

50.40 Stay of advertisement or proceedings in bankruptcy cases

If a stay of advertisement or of the proceedings is granted before dispatch of the notice to the LCD, the official receiver should refrain from dealing with Form 6.26 (LRRABO - application for registration of a bankruptcy order), if the court so orders, until such time as the stay is removed. If the official receiver considers that his/her powers have been limited by the court, e.g. a stay of all proceedings has been granted, and the official receiver is aware of jointly owned property, he/she should seek permission of the court to register a restriction where the bankrupt’s interest is in the proceeds of sale of registered land. Where an order is made for a stay of advertisement or proceedings the LCD or the LR should not be requested to vacate any prior registration of the petition or bankruptcy order unless the court so orders, which will usually be on the annulment of the proceedings (see paragraph 50.32).

Notes: [r6.34(3), r6.46(3) and r6.208, Form 6.26(LRRABO)]

 

50.41 Registration of bankruptcy order in transfer cases

The notice to the LCD should not be delayed because the bankruptcy proceedings are in the process of being transferred to another court. Form 6.26 should be sent to the LCD by the official receiver appointed by the Secretary of State to be the official receiver in relation to the proceedings, using his/her local office key number to effect the registration. The local official receiver will thus deal with any subsequent dealings with the LR and the LCD. Once the transfer has been completed the official receiver should only make application to the LCD for an amendment of the court details in the register of writs and orders if the court has amended the title of the proceedings, requiring notice of the amended title to be given to the Chief Land Registrar (see paragraph 50.39). If no such application is made then any documents relating to the bankrupt’s property will be sent to the official receiver attached to the court in which the bankruptcy order was made. Any documents so received should be forwarded immediately to the official receiver to whom the case was transferred.

Notes: [r6.34(2)(a) or r6.46(2)(a)] [s399(6)(a)] [Form 6.26] [LRRABO] [r6.35(2) or r6.47(2)]


 

[Back to Part 2 - Registration of court orders] [On to Part 4 - Other registration matters]

Further Information