{"id":10229,"date":"2012-09-28T16:13:00","date_gmt":"2012-09-28T15:13:00","guid":{"rendered":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/?p=10229"},"modified":"2020-10-20T15:28:50","modified_gmt":"2020-10-20T14:28:50","slug":"official-receiver-bankruptcy","status":"publish","type":"post","link":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/official-receiver-bankruptcy\/","title":{"rendered":"Official Receiver in Bankruptcy"},"content":{"rendered":"\n<h2 class=\"wp-block-heading\">Dealing with the Official Receiver in Bankruptcy<\/h2>\n\n\n\n<p>The Official Receiver is a civil servant in The Insolvency  Service and is an officer of the court and acts as the bankrupt\u2019s  trustee unless the court appoints an Insolvency Practitioner (IP) to  take that role. Once a Bankruptcy Order is made against you, the court  notifies the Official Receiver who immediately takes over the  responsibility for administering your <a href=\"https:\/\/www.nationaldebtrelief.co.uk\/debt-help\/bankruptcy.html\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\">bankruptcy<\/a> including the tasks of protecting your assets and investigating the causes of your bankruptcy.<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>As a bankrupt, you have a duty to comply with the Official Receiver\u2019s  request to provide information about your financial affairs, including  attending for interview as and when asked. You can obtain more  information about your duties from your local Official Receiver\u2019s office  or from the website of The Insolvency Service <a rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\" href=\"https:\/\/www.gov.uk\/government\/organisations\/insolvency-service\" target=\"_blank\">www.bis.gov.uk\/insolvency<\/a> <em>For Northern Ireland look up the website of The Insolvency Service of Northern Ireland<\/em> <a rel=\"noreferrer noopener\" aria-label=\" (opens in a new tab)\" href=\"https:\/\/www.economy-ni.gov.uk\/\" target=\"_blank\">www.detini.gov.uk<\/a><\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"alignleft\"><img loading=\"lazy\" decoding=\"async\" width=\"283\" height=\"425\" src=\"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-content\/uploads\/2019\/07\/Fotolia_3343799_XS.jpg\" alt=\"Bankruptcy Official Receiver\" class=\"wp-image-10242\" srcset=\"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-content\/uploads\/2019\/07\/Fotolia_3343799_XS.jpg 283w, https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-content\/uploads\/2019\/07\/Fotolia_3343799_XS-200x300.jpg 200w\" sizes=\"auto, (max-width: 283px) 100vw, 283px\" \/><\/figure><\/div>\n\n\n\n<p>The Official Receiver\u2019s staff will contact you immediately if they  know  that action is urgently needed in relation to your assets.  Otherwise  they will contact you within two days of receiving the  Bankruptcy Order.  Usually they will arrange an appointment for you to  attend the Official  Receiver\u2019s office for interview, normally on a date  that is convenient  for you and for them. Alternatively the Official  Receiver may suggest a  telephone interview in circumstances where you  have presented your own  bankruptcy petition, you have not recently  traded, you have not  previously been made bankrupt and where a telephone number  for you is  available. If you are offered a telephone interview but  would prefer to be interviewed in person, you should tell the Official  Receiver. Whether your interview is in person or by telephone, you will  receive a letter from the Official Receiver setting out what is required  of you and you may be required to complete a questionnaire. If you have  presented your own bankruptcy petition, you may be interviewed by the  Official Receiver at court or at the Official Receiver\u2019s office,  directly following the making of the Bankruptcy Order.<\/p>\n\n\n\n<p>Before the interview with the Official Receiver, you should prepare \nthoroughly. Start by telephoning to confirm the appointment; inform the \nOfficial Receiver by telephone if there are any matters that need to be \nsorted out urgently or if you need more time to collect paperwork or \naccounting records requested by the Official Receiver; tell the Official\n Receiver if you need to rearrange the appointment; advise them if you \nhave any infirmity or disability or other difficulty which may require \nspecial facilities during the interview. Fill in the questionnaire, if \nyou have been asked to complete one, making a note of any points you do \nnot understand. Collect all financial records, paperwork and any other \ninformation you will need for the interview, including accounting \nrecords, letters, statements, bank records, HP agreements and credit \ncard statements. If you are having a telephone interview, you will be \nrequired to return the completed questionnaire by a fixed date. If you \nare to be interviewed in person, make sure that you bring the completed \nquestionnaire with you together with all the requested paperwork and \ninformation to the interview location.<\/p>\n\n\n\n<p>It is important that you co-operate fully with the Official Receiver \nand his or her staff. Failure to do so could mean a court appearance for\n questioning and could even be arrested for failing to co-operate.<\/p>\n\n\n\n<p>An interview in person may take two to three hours. Your \nquestionnaire will be checked by an examiner, a member of the Official \nReceiver\u2019s staff, who will go into the details of your assets and debts \nand the facts and circumstances that led to your insolvency. You should \nhand over all your financial records and papers for examination and \nrecording by the Official Receiver, who will retain them. You should \navail of the opportunity to ask any questions you have about the \nproceedings or your case, when at the Official Receiver\u2019s office.<\/p>\n\n\n\n<p>A telephone interview will usually last at least half an hour. The \nexaminer telephones you at the agreed date and time, checks with you the\n information you have provided in the questionnaire (if you have been \nasked to provide one), asks for any necessary additional information \nabout your assets and debts, questions you about the facts and \ncircumstances that led to your insolvency, deals with any queries you \nmay have about the proceedings or your case and tells you if you need to\n supply any further information relating to your affairs.<\/p>\n\n\n\n<p>Occasionally, a second interview may be necessary if the examiner \nneeds more time to complete enquiries into your affairs or if you cannot\n or do not provide all the financial records requested or needed by the \nOfficial Receiver, or if the examiner needs more details of your assets,\n debts and financial affairs or if you do not turn up for any \nappointment.<\/p>\n\n\n\n<p>After the interview the Official Receiver checks the information you \nhave provided and issues a report to your creditors within twelve weeks \nof the date the Bankruptcy Order was made, setting out your assets and \ndebts. If you have material assets the Official Receiver may seek the \nappointment of an Insolvency Practitioner (IP) to act as trustee and \ndeal with the realization and distribution of your assets. If an IP is \nappointed as trustee you will need to help the IP to deal with your \naffairs by tendering your full co-operation. The complexity of your case\n determines how long the process lasts. If you have provided all the \nrequired information and there are no problems encountered in dealing \nwith your assets the process can be over relatively shortly.<\/p>\n\n\n\n<p>Your bankruptcy may be over in twelve months or less, if the Official\n Receiver concludes his or her enquiries and files a notice in court. \nYou may then be discharged from your bankruptcy even though the trustee \nmay be continuing to deal with your assets for several years after your \ndischarge. You may also be subject to an Income Payments Order or an \nIncome Payments Agreement even after your discharge and up to three \nyears from when the Bankruptcy Order was made.<\/p>\n\n\n\n<p>If you fail to co-operate with the Official Receiver, or with your \ntrustee in bankruptcy or if you are to blame in some way for your \nbankruptcy or your conduct has been dishonest you may be subject to a \nbankruptcy restrictions order. In our next article, we will look at the \nproblems that the Official Receiver and\/or the trustee encounter with \nbankrupts who are to blame for their own bankruptcy, who withhold \nco-operation or who are dishonest and we will look at the consequences \nof such behavior for such bankrupts.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Official Receiver is a civil servant in The Insolvency Service and is an officer of the court and acts as the bankrupt\u2019s trustee unless the court appoints an Insolvency Practitioner (IP) to take that role.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"none","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","footnotes":""},"categories":[2],"tags":[],"class_list":["post-10229","post","type-post","status-publish","format-standard","hentry","category-bankruptcy-articles"],"_links":{"self":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts\/10229","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/comments?post=10229"}],"version-history":[{"count":2,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts\/10229\/revisions"}],"predecessor-version":[{"id":13556,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts\/10229\/revisions\/13556"}],"wp:attachment":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/media?parent=10229"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/categories?post=10229"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/tags?post=10229"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}