(1)Where a bankruptcy order has been made otherwise than on a bankruptcy application , the official receiver may at any time before the discharge of the bankrupt require the bankrupt to submit to the official receiver a statement of affairs.
(2)The statement of affairs shall contain—
(a)such particulars of the bankrupt’s creditors and of his debts and other liabilities and of his assets as may be prescribed, and
(b)such other information as may be prescribed.
(2A)Where a bankrupt is required under subsection (1) to submit a statement of affairs to the official receiver, the bankrupt shall do so (subject to subsection (3)) before the end of the period of 21 days beginning with the day after that on which the prescribed notice of the requirement is given to the bankrupt by the official receiver.
(3)The official receiver may, if he thinks fit—
(a)release a bankrupt from an obligation imposed on the bankrupt under subsection (1), or
(b)either when giving the notice mentioned in subsection (2A) or subsequently, extend the period mentioned in that subsection,
and where the official receiver has refused to exercise a power conferred by this section, the court, if it thinks fit, may exercise it.
(4)A bankrupt who—
(a)without reasonable excuse fails to comply with an obligation imposed under his section, or
(b)without reasonable excuse submits a statement of affairs that does not comply with the prescribed requirements,
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).
Cases considering section 288 6
[2017] EWHC 2762 (Ch) · 7 November 2017
Applies the statutory obligation as one requiring the bankrupt to cooperate with the Official Receiver and provide information concerning his affairs. Persistent non-compliance without reasonable excuse constituted contempt and contributed to the custodial sentence (see paras [3], [12], [32], [56]).
[2017] EWHC 2728 (Ch) · 1 November 2017
Applies the duty to submit a statement of affairs and treats failure without reasonable excuse as contempt of court. The court found that no statement or equivalent information had been provided. (see paras [20]-[28])
Applies the obligation to submit a statement of affairs within the statutory period, subject to the statutory regime. The bankrupt’s failure was proved and was not supported by any reasonable excuse. (see paras [20]-[28])
Confirms the time within which a bankrupt required to submit a statement of affairs must do so. The court treated the failure to provide the statement as continuing and established. (see para [20])
Recognises the official receiver’s power to release a bankrupt from the duty or extend time. The evidence showed that no release or extension had been granted. (see paras [20], [25])
Applies the consequence that failure without reasonable excuse to comply with the statement-of-affairs obligation constitutes contempt of court. The court found the breach proved beyond reasonable doubt. (see paras [20]-[28])
[2011] EWCA Civ 119 · 16 February 2011
The bankrupt’s duty to submit a statement of affairs provided the statutory context for section 283A(5). The statement is the normal means of informing the official receiver or trustee of an interest in the bankrupt’s home. (see paras [19]; [48])
The required particulars of assets supported the conclusion that a bankrupt should disclose an existing interest in a home, rather than possible recovery claims concerning earlier dispositions. (see paras [19]; [48])
1 more judgment, and what each says about section 288, are in the
case-law panel in the full Act.