Cooperation with the Official Receiver

Who is the Official Receiver?

An Official Receiver is an officer of the insolvency Service and the Court and they manage the first stage of bankruptcies.

To search for the official receiver or an office, you can use the Insolvency Service Search.

What does the Official Receiver do?

After you are made bankrupt, your case will be allocated to an Official Receiver who will take over your financial affairs and handle all aspects of your bankruptcy including:

  • Investigating your conduct, affairs and the reasons for insolvency;
  • carrying out an affordability assessment;
  • liaising with your creditors;
  • taking control of your property; and
  • acting as a trustee of your bankruptcy in order to distribute your property and money between your creditors.

You must cooperate with the Official Receiver at all times to the best of your abilities, providing all of the information they request in relation to your property and financial situation.

Interview with the Official Receiver

You will be required to attend an interview with the Official Receiver where they will obtain further information from you about your debts, financial situation and any property or assets you own. If you don’t apply you may have to appear at a public examination where you’ll be required to swear details of your financial situation in court.

A creditors’ meeting

You may also be required to attend a meeting of all the creditors where they may appoint an insolvency practitioner as trustee of your bankruptcy. The trustee would be responsible for distributing your property and money between your creditors.

Failure to co-operate with the Official Receiver

If you don’t cooperate with the Official Receiver, you may be prosecuted for failing to do so and the Official Receiver can apply to the court for the following:

  • an order for you to attend a public examination;
  • an arrest warrant if you fail to attend a public examination;
  • a bankruptcy restrictions order; or
  • an order for your discharge from bankruptcy to be suspended.

Book an Initial Consultation with Expert Bankruptcy Solicitors and Barristers

We are a specialist City of London law firm made up of Solicitors & Barristers and are based in the legal heart of London in Middle Temple (one of the four prestigious barristers’ Inns of Court) adjacent to the Royal Courts of Justice. We are experts in dealing with matters surrounding bankruptcy including defending bankruptcy petitions; managing bankruptcy applications (including annulments); advising on bankruptcy petitions and offences; and liaising with the Official Receiver.  Whilst we are based in London we provide national coverage across all Courts in England & Wales. We offer free initial telephone advice on bankruptcy matters.

Our expert Bankruptcy Lawyers are able to give specialist legal information and advice relating to bankruptcy matters and connected applications. To contact one of our London solicitors or barristers please click here or call 0207 1830 529.

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