The following Restructuring & Insolvency practice 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 entered automatically onto HM Land Registry’s
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