My debtor is an individual person and claims bankruptcy - what can I do?

If you are a judgment creditor owed money by a person who claims to be bankrupt the first thing to do is to verify this information using the Individual Insolvency Register. You can also use this facility to check the reference of the case or find out who the Official Receiver or Insolvency Practitioner.

The Register contains: 

• details of bankruptcies that are either current or have ended in the last 3 months
• current individual voluntary arrangements and fast track voluntary arrangements
• current bankruptcy restrictions orders and undertakings

Just follow the instructions at the Individual Insolvency Register website by clicking on this link 'The Individual Insolvency Register'.

What details can I get from the register?

For bankruptcy orders the information includes:

• the bankrupt's name (including any other names by which the bankrupt was known) occupation and trading details
• date of birth
• last known address
• details of the current bankruptcy order
• the automatic discharge date
• or, where appropriate, the date the bankrupt was discharged
• For voluntary arrangements the information includes:
• the debtor's name
• last known address
• details of the arrangement
• for arrangements starting on or after 1 April 2005
• date of birth
• occupation

Next Steps

If you find that your debtor is indeed bankrupt the Official Receiver will normally notify you, within 12 weeks of the date of the court order whether a meeting of creditors will be held. The OFFICIAL RECEIVER will decide to hold a meeting if there are significant assets.

You will also be sent a report giving estimates of the insolvent's assets and liabilities and what the causes of the failure are considered to be. If you think that a bankrupt person is withholding information about the assets, you should write to the Official Receiver dealing with the case.

If you have not been contacted then you should write to the Official Receiver or Insolvency Practitioner if the case has been handed over to one, quoting the court reference of the case if possible, advising him/her that you are a creditor.

The Insolvency Service website has a range of materials to supplement this page of advice. You can find out more about the impact of bankruptcy using the various publications which are available as adobe files - just click on the following link to bring up a list of Insolvency Service publications. The Insolvency Service booklet - 'A Guide to Creditors' may also be useful. Specific queries relating to a case should be directed to the relevant Official Receiver or Insolvency Practitioner who has been appointed.

For general enquiries on insolvency matters you can contact The Insolvency Service Central Enquiry Line on 0207 291 6895; or email the Insolvency Service at Central.Enquiryline@insolvency.gsi.gov.uk