If you are a creditor of an insolvent company or a bankruptcy, Oliver Elliot can help you address your concerns arising from the insolvency and Section 312 of the Insolvency Act 1986 can help.
How can a Trustee In Bankruptcy use Section 312 of the Insolvency Act 1986 to investigate a bankrupt’s financial affairs?
Section 312 of the Insolvency Act 1986 is the Section that enables an Insolvency Practitioner to demand delivery up of property belonging to the Bankrupt when acting as Trustee in a bankruptcy case.
Sections 311, 312, 333 and 366 of the Insolvency Act 1986 are all interlinked.
Section 312 of the Insolvency Act 1986 can be used by the Insolvency Practitioner to demand property from anyone having the Bankrupt’s assets and or documents such as books, papers and records which would be relevant to the Bankrupt’s financial affairs. The Section has mandatory characteristics because it would be unusual for the Insolvency Practitioner to be unable to take into his or her possession all and any relevant property of the Bankrupt.
Obligation to surrender control to trustee.
(1)The bankrupt shall deliver up to the trustee possession of any property, books, papers or other records of which he has possession or control and of which the trustee is required to take possession.
This is without prejudice to the general duties of the bankrupt under section 333 in this Chapter.
(2)If any of the following is in possession of any property, books, papers or other records of which the trustee is required to take possession, namely—
(a)the official receiver,
(b)a person who has ceased to be trustee of the bankrupt’s estate, or
(c)a person who has been the supervisor of a voluntary arrangement approved in relation to the bankrupt under Part VIII,
the official receiver or, as the case may be, that person shall deliver up possession of the property, books, papers or records to the trustee.
(3)Any banker or agent of the bankrupt or any other person who holds any property to the account of, or for, the bankrupt shall pay or deliver to the trustee all property in his possession or under his control which forms part of the bankrupt’s estate and which he is not by law entitled to retain as against the bankrupt or trustee.
(4)If any person without reasonable excuse fails to comply with any obligation imposed by this section, he is guilty of a contempt of court and liable to be punished accordingly (in addition to any other punishment to which he may be subject).
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