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or rescinded bankruptcy orders.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.
To search The Register, enter the name or trading name of
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.
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.
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 IVAs:
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).
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.
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.
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.
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.
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
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.
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
Until
the individual is discharged from bankruptcy the following restrictions
apply:
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.
You should write to the Official Receiver’s office which is listed as dealing with that individual’s case.
No (see
question 1).
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.
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.
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
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.
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.
Once your Bankruptcy has been annulled,
our system will be updated and your details will no longer appear on the Register after 5 days.
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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