Individual Insolvency Register

Frequently Asked Questions (FAQ)

What is the Individual Insolvency Register (The Register)?
How much does it cost to search The Register ?
How do I search The Register ?
What other information will I need about the individual ?
What is bankruptcy ?
What is an Individual Voluntary Arrangement (IVA) and/or a Fast Track Voluntary Arrangement (FTVA) ?
What are Bankruptcy Restrictions Orders (BRO) and Bankruptcy Restrictions Undertakings (BRU) ?
What is the 'start date' ?
Can I search The Register in any other way ?
How will I receive the information ?
Why did my search not produce the results I expected ?
How do I report any errors or omissions ?
How long do records remain on The Register ?
What is discharge from bankruptcy and when will it occur ?
What are the restrictions which a bankrupt is subject to ?
What are the restrictions which an individual is subject if a BRO is made against them ?
How do I report that an individual is contravening the restrictions ?
Does the register contain information about company liquidations and disqualified directors ?
Where can I obtain details of bankruptcies in Scotland and Northern Ireland ?
Why are details of my Bankruptcy/IVA/BRO being shown to the public ?
Other than details of my Bankruptcy Case, why should more personal details such as my date of birth and address be shown ?
I've been discharged, so why are my Bankruptcy details still visible to the public ?
What is the Case Description ?
My Bankruptcy has been annulled, so why are my details still visible to the public ?
How do I obtain an annulment ?
1) What is the Individual Insolvency Register (The Register) ?

The Register contains:

·             details of bankruptcies that are either current or have ended in the last 3 months (bankrupt section)

·             current individual voluntary arrangements and fast track voluntary arrangements (IVA section)

·             current bankruptcy restrictions orders and undertakings (BRO section).

The Register does not include details of:

·                disqualified directors

·                company insolvencies

·                insolvencies in Scotland or Northern Ireland

·                annulled or rescinded bankruptcy orders.


Click here to search for disqualified directors.
Click here to see how long we keep the records.


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2) How much does it cost to search The Register ?
Nothing - there is no charge for this service.

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3) How do I search The Register ?

To search The Register, enter the name or trading name of the individual.

 

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4) What other information will I need about the individual ?

The searches use the surname or the trading name of the individual. If the search produces multiple results, then it may help you identify the individual you are searching for if you also know any of the following:

·                 date of birth

·                 age

·                 address

·                 date of the order or event

·                 court and number.

 

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5) What is bankruptcy ?

Bankruptcy is one way of dealing with debts that an individual cannot pay. The bankruptcy proceedings:

·                     free the individual from overwhelming debts so that he or she can make a fresh start, subject to some restrictions; and 

·                     make sure that the individual’s assets are shared out fairly among his or her creditors.

Bankruptcy can only apply to individuals (including sole traders and individual members of a partnership). Bankruptcy petitions may be presented to the court by the individual, by creditors who are owed £750 or more, or by the supervisor of an individual voluntary arrangement (if the individual has not complied with the terms of the arrangement). A bankruptcy order is always made by the court.


Click here for further information about bankruptcy


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6) What is an Individual Voluntary Arrangement (IVA) and/or a Fast Track Voluntary Arrangement (FTVA) ?

IVAs and FTVAs are binding agreements between the individual and their creditors to pay part or all of the money they owe. You can enter into an IVA both before and after the making of a bankruptcy order, whereas you can enter into an FTVA only after the making of a bankruptcy order.


Click here for further information about FTVAs.

Click here for further information about IVAs:


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7) What are Bankruptcy Restrictions Orders (BRO) and Bankruptcy Restrictions Undertakings (BRU) ?

If the Official Receiver (OR) considers that the conduct of a bankrupt has been dishonest, or blameworthy in some other way, he (or she) will report the facts to the court and ask for a BRO to be made. The court will consider this report and decide whether it should make a BRO. If it does, the individual will be subject to certain restrictions for the period stated in the order. This can be from 2 to 15 years.

Before the court hearing, the OR will send the individual a copy of the report containing details of the alleged misconduct. If the individual accepts the allegations, then they can offer to enter into a BRU. This has exactly the same effect as a BRO but does not involve going to court, and because the individual is admitting to the misconduct the period of the BRU is likely to be shorter.

A BRO or BRU will not affect the discharge of the individual’s debts (explained in question 14).


Click here for further information about BROs


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8) What is the 'start date' ?

This is the start date for the type of proceedings that appear on the Register, as follows:

·                     Bankruptcy: the date the bankruptcy order was made

·                     IVA: the date the arrangement is approved by the individual’s creditors

·                     BRO: the date the court ordered the BRO to begin

·                     BRU: the date stated in that document.


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9) Can I search The Register in any other way ?

You can visit your local Official Receiver’s office on any business day between 9am and 5pm. Please check your phone book for details of your nearest Official Receiver’s office, or call The Insolvency Service Central Enquiry Line on 020 7291 6895.


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10) How will I receive the information ?

If you search online, you will be given the option to print the results.

If you ask for a search at the local Official Receiver’s office you will be given a print of the results.

If there is no match for your request, you will receive a print with a statement to this effect.

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11) Why did my search not produce the results I expected ?

You may have entered the surname or trading name incorrectly. Try variations in the spelling, or reduce the scope for error by only entering the first part of the surname.

The individual’s details may have been removed from the Register.

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12) How do I report any errors or omissions ?

For individuals who are listed on The Register, please report any inaccuracies using the “report error” button at the bottom of the report page for that individual.

If you think an individual has been omitted from The Register, please click here or write to:

The Insolvency Service

HQ Secretariat

Area 5.1

PO Box 203

21 Bloomsbury Street

London WC1B 3QW

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13) How long do records remain on The Register ?

Depending on the type of entry, details  stay on The Register as follows:

·                     Bankruptcy: for 3 months after the date of the individual’s discharge from bankruptcy. The entry is removed earlier if the bankruptcy is annulled.

·                     IVA: until completion, revocation or the failure of the arrangement.

·                     BROs/BRUs: until the date stipulated in the court order or undertaking. The entry is also removed earlier if the bankruptcy order is annulled on the grounds that the order ought not to have been made.

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14) What is discharge from bankruptcy and when will it occur ?

Discharge is a process that frees the individual from the restrictions of bankruptcy and releases them from most of the debts they owed at the date of the bankruptcy order.

Discharge would usually occur automatically 12 months after the bankruptcy order, but if the Official Receiver (OR) files a notice in court before that time to say that he (or she) has concluded their enquiries into the individual’s affairs, then discharge will occur earlier than 12 months when that notice is filed.

If an individual does not cooperate with the OR (or trustee, if an insolvency practitioner has been appointed in place of the OR), then the court may be asked to stop that individual’s discharge from taking place.

If the individual has been subject to more than one bankruptcy, the most recent being earlier than 1 April 2004, then their bankruptcy may last more than 12 months.

The OR can apply to court for a Bankruptcy Restrictions Order, which will mean that the individual would continue to be subject to restrictions after discharge for the period stated in that order. This would not affect their discharge from debt.

Click here for more information about discharge from bankruptcy

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15) What are the restrictions which a bankrupt is subject to ?

Until the individual is discharged from bankruptcy the following restrictions apply:

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16) What are the restrictions which an individual is subject if a BRO is made against them ?

Until the end of the period stated in the court order or undertaking, the restrictions that apply to an undischarged bankrupt also apply to an individual who is subject to a BRO. Additionally, a person subject to a BRO must not hold certain public offices. However, the BRO will not affect their discharge from debt.

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17) How do I report that an individual is contravening the restrictions ?

You should write to the Official Receiver’s office which is listed as dealing with that individual’s case.

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18) Does the register contain information about company liquidations and disqualified directors ?

No (see question 1).

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19) Where can I obtain details of bankruptcies in Scotland and Northern Ireland ?

You can get details of bankruptcies in Scotland and Northern Ireland from:

SCOTLAND

The Accountant in Bankruptcy*
George House
126 George Street
EDINBURGH
EH2 4HH

Tel: 0131 473 4600
Fax: 0131 473 4737

NORTHERN IRELAND

The Insolvency Service*
Fermanagh House
Ormeau Avenue
BELFAST
BT2 8HY

Tel: 02890 251441
Fax: 02890 548555

* There may be a charge for the search.

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20) Why are details of my Bankruptcy/IVA/BRO being shown to the public ?

By law the Insolvency Service has to maintain public register of bankruptcy and related information. That register is used for a variety of purposes including:-

 

Details of BROs are shown, as they are a record of the minority of bankrupts whose conduct has been found to be culpable. Breach of a BRO is a criminal offence and anyone with concerns about an individual should be able to satisfy himself or herself whether or not the person is subject to a BRO. If you do find a person has breached the terms of a BRO please report it to The Criminal Allegations Team. 


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21) Other than details of my Bankruptcy Case, why should more personal details such as my date of birth and address be shown ?

The personal details regarding date of birth and address are there so that enquirers can be more certain that the information they seek relates to the correct person, this is especially necessary for common names e.g. Smith or Jones

 

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22) I've been discharged so why are my Bankruptcy details still visible to the public ?

Up until 1 April 2004 a person’s details were kept on the register for two years after the date of discharge. Since 1 April 2004, to reflect one of the aims of the Enterprise Act i.e. to reduce the stigma of bankruptcy, the details will now only be kept of the register for three months after discharge. Other bodies such as credit reference agencies may keep the information on their records for a longer period.

 

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23) What is the Case Description ?

The Case Description is used for identification purposes, so that Creditors can easily recognise the individual against whom the Order has been made. The description of a Bankrupt forms part of the Bankruptcy Order and is the title of the proceedings. It is first used at the Bankruptcy Petition stage, and should be included on all statutory forms, notices and advertisements. It must be as full and accurate as reasonably possible and can only be changed by the Court.

 

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24) My Bankruptcy has been annulled, so why are my details still visible to the public ?

Once your Bankruptcy has been annulled, our system will be updated and your details will no longer appear on the Register after 5 days.

 

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25) How do I obtain an annulment ?

An annulment can be granted under three grounds :-

 

Note: For further information on annulment procedures, please contact your trustee. Alternatively, please refer to the leaflet..

 

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