The following Restructuring & Insolvency guidance note Produced in partnership with Stephen Allinson, Consultant provides comprehensive and up to date legal information covering:
When a bankruptcy petition is presented by a creditor, the court shall as soon as reasonably practicable send to the Chief Land Registrar notice of the petition, together with a request that it may be registered in the register of pending actions. Further, once a bankruptcy order is made, the official receiver shall send notice of that fact to the Chief Land Registrar for registration in the register of writs and orders. These entries are registered regardless of whether the debtor or bankrupt (as the case may be) is known to own any real property.
Both registers are maintained by the Land Charges Department (which is part of HM Land Registry), and are open to public inspection. An Official Search of these registers (a bankruptcy search) against a specified name should indicate whether, against that specified name, a bankruptcy petition has been presented and, if appropriate, a bankruptcy order made.
Since 6 April 2016, an individual who wishes to be adjudged bankrupt is no longer able to present a bankruptcy petition at court, but instead has to submit an online bankruptcy application to be determined by the adjudicator. This is managed by a new service on GOV.UK. The Land Charges Department will receive bankruptcy application data from The Insolvency Service, which will then be
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234