Interim receivers
Produced in partnership with South Square Chambers and BDO
Interim receivers

The following Restructuring & Insolvency practice note produced in partnership with South Square Chambers and BDO provides comprehensive and up to date legal information covering:

  • Interim receivers
  • Coronavirus (COVID-19)
  • What is an interim receiver?
  • How is an interim receiver appointed?
  • Termination of the interim receivership

Interim receivers

Coronavirus (COVID-19)

This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and processes as a result of the Coronavirus (COVID-19) pandemic, including the Temporary Insolvency Practice Direction 2020. For further information, see Practice Notes: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings and The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (April 2021). For related news, guidance and other resources to assist practitioners working on restructuring and insolvency matters, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview.

What is an interim receiver?

The court may, if it is shown to be necessary for the protection of the debtor’s property, at any time after the presentation of a creditors' bankruptcy petition and before the making of a bankruptcy order, appoint an interim receiver of the debtor’s property under section 286 of the Insolvency Act 1986 (IA 1986).

The relevant property for these purposes includes all of the debtor’s property, whether or not it would form part of their bankruptcy estate.

The appointment of an interim receiver is therefore one of the emergency measures available under personal insolvency law to prevent the depletion of the estate. It is analogous to the appointment of a provisional liquidator in corporate insolvency. In some cases, the circumstances may require actively interventionist steps to protect the debtor’s property before the making of a bankruptcy order.

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