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 how Section 366 of the Insolvency Act 1986 can help.
How can a Trustee In Bankruptcy use Section 366 of the Insolvency Act 1986 to investigate a bankrupt’s financial affairs?
Section 366 of the Insolvency Act 1986 is the enforcement section that enables an Insolvency Practitioner to obtain information in bankruptcy cases. Sections 311, 312, 333 and 366 of the Insolvency Act 1986 are all interlinked.
Section 366 of the Insolvency Act 1986 can be used to obtain information from anyone having information relevant to the Bankrupt’s financial affairs. It cannot however be used by the Insolvency Practitioner oppressively. It is used to enable a Trustee in Bankruptcy to reconstitute and reconstruct knowledge and or investigate the Bankrupt’s former financial affairs and dealings.
Inquiry into bankrupt’s dealings and property.
(1)At any time after a bankruptcy order has been made the court may, on the application of the official receiver or the trustee of the bankrupt’s estate, summon to appear before it—
(a)the bankrupt or the bankrupt’s spouse or former spouse or civil partner or former civil partner,
(b)any person known or believed to have any property comprised in the bankrupt’s estate in his possession or to be indebted to the bankrupt,
(c)any person appearing to the court to be able to give information concerning the bankrupt or the bankrupt’s dealings, affairs or property.
The court may require any such person as is mentioned in paragraph (b) or (c) to submit a witness statement verified by a statement of truth to the court containing an account of his dealings with the bankrupt or to produce any documents in his possession or under his control relating to the bankrupt or the bankrupt’s dealings, affairs or property.
(2)Without prejudice to section 364, the following applies in a case where—
(a)a person without reasonable excuse fails to appear before the court when he is summoned to do so under this section, or
(b)there are reasonable grounds for believing that a person has absconded, or is about to abscond, with a view to avoiding his appearance before the court under this section.
(3)The court may, for the purpose of bringing that person and anything in his possession before the court, cause a warrant to be issued to a constable or prescribed officer of the court—
(a)for the arrest of that person, and
(b)for the seizure of any books, papers, records, money or goods in that person’s possession.
(4)The court may authorise a person arrested under such a warrant to be kept in custody, and anything seized under such a warrant to be held, in accordance with the rules, until that person is brought before the court under the warrant or until such other times as the court may order.
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