Legal Advice on Duty to Co-operate in Bankruptcy

When an individual is made bankrupt they have a duty to co-operate with the Official Receiver or trustee in bankruptcy (“the Officeholder”). These duties are found within s291, s312 and section 333 of the Insolvency Act 1986.

A full list of duties is given to the bankrupt at the beginning of the process. A number of those which are:

• Deliver up possession of their estate including property
• Deliver up possession of their books and records
• Provide an inventory of their estate and any other relevant information

If a bankrupt fails to co-operate, without reasonable excuse, then they could be compelled to attend Court to be questioned on oath and be ordered to produce relevant documents. In the most severe cases an application for a warrant of the arrest of the bankrupt can be made if the bankrupt does not comply. The Official Receiver / Trustee in Bankruptcy will normally seek other means of enforcement, for example public examination, and consider an application for a warrant for arrest only after other action has proved unsuccessful.