The Official Receiver
Subscribe to Newsletter +The Official Receiver is an officer of the court and a civil servant in The Insolvency Service.
After you have filed for bankruptcy the court will notify the Official Receiver of your bankruptcy. He/she is then charged with administering your bankruptcy, which will involve protecting your estate and investigating your conduct and affairs. The Official receiver will also be manager and receiver of your estate until a trustee is appointed.
If you want to know how the Official Receiver will investigate you affairs then feel free to contact Mark for some free help, he has been interviewed himself. You may also wish to read about Mark's bankruptcy.
You will not necessarily deal with the Official Receiver directly. A member of staff may be appointed to carry out some work such as conducting interviews.
How will the Official Receiver investigate you?
The Official Receiver will investigate your conduct and affairs by:
- Assessing your statement of affairs
- Interviewing you
- Liasing with the bankruptcy trustee
- Using other investigative means that are necessary and within their power
The investigation is an important part of the bankruptcy process and is taken extremely seriously by the Official Receiver, which is due to the duties and obligations placed upon them by law. Before you go bankrupt you should establish how to conduct yourself and the likely outcome in relation to your personal circumstances, this will help you to avoid any nasty surprises.
How is the Official Receiver different to the Trustee?
The Official Receiver is responsible for protecting your estate and investigating your affairs. A trustee will be responsible for taking possession of assets, realising them and distributing the proceeds to your creditors.
A trustee is usually appointed by the Official Receiver where there are significant assets or the realisation of assets is likely to be complex. In some circumstances the Official Receiver may become the trustee.
For information about the trustee go to the bankruptcy trustee page.
When will the Official Receiver contact you?
The Official Receiver should contact you within two working days of the bankruptcy order and you will then be asked to participate in the Official Receiver interview normally within ten working days of the court order being made.
Will the Official Receiver interview you?
When the Official Receiver assesses the statement of affairs that you filed at court they will determine whether an Official Receivers interview is necessary, in the majority of cases it is. If your case is complex, for example the Official Receiver determines that there are more serious matters to investigate then you may have to attend the Official Receivers office for an interview. Otherwise you may just be interviewed by telephone.
Where is your Official Receiver located?
Your Official Receiver will be located in one of 33 offices throughout the UK. You will usually be appointed an Official Receiver nearest to the court in which you were made bankrupt.
