Insolvency Act 1986, section 290

Public examination of bankrupt

Part IX Bankruptcy

(1)Where a bankruptcy order has been made, the official receiver may at any time before the discharge of the bankrupt apply to the court for the public examination of the bankrupt.

(2)Unless the court otherwise orders, the official receiver shall make an application under subsection (1) if notice requiring him to do so is given to him, in accordance with the rules, by one of the bankrupt’s creditors with the concurrence of not less than one-half, in value, of those creditors (including the creditor giving notice).

(3)On an application under subsection (1), the court shall direct that a public examination of the bankrupt shall be held on a day appointed by the court; and the bankrupt shall attend on that day and be publicly examined as to his affairs, dealings and property.

(4)The following may take part in the public examination of the bankrupt and may question him concerning his affairs, dealings and property and the causes of his failure, namely—

(a)the official receiver and, in the case of an individual [F746madeF746] bankrupt on a petition under section 264(1)(d), the Official Petitioner,

(b)the trustee of the bankrupt’s estate, if his appointment has taken effect,

(c)any person who has been appointed as special manager of the bankrupt’s estate or business,

(d)any creditor of the bankrupt who has tendered a proof in the bankruptcy.

(5)If a bankrupt without reasonable excuse fails at any time to attend his public examination under 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).

Cases considering section 290 6

Alexander v Official Receiver

[2001] EWCA Civ 1128 · 11 July 2001

Applies the provision governing the bankrupt’s public examination to the case-management issue concerning the timing of the examination. The court concluded that the examination had already been delayed for months and that no further delay was justified (see the judgment’s discussion of the outstanding examination issue).

Rottmann, Re

[2008] EWHC 1794 (Ch) · 20 May 2008

Applies the statutory public-examination regime and identifies the bankrupt’s attendance and answering duties, together with the public interest relevant to the balancing exercise (see paras [7], [12]-[13] and [28]). Confirms creditors’ rights connected with attendance at a public examination. That interest is weighed against the bankrupt’s human-rights concerns when deciding whether to suspend the examination (see para [28]). Confirms the coercive consequence of failing without reasonable excuse to attend a public examination: contempt of court and potential punishment. The provision illustrates the pressure on a bankrupt to cooperate (see para [12]).

Hoath v Vooght & Ors

[2001] EWCA Civ 1136 · 12 July 2001

The court identified the public examination which the applicant had failed to attend as one conducted under section 290. The provision was used to explain the applicant’s bankruptcy and procedural history.

1 more judgment, and what each says about section 290, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F746Word in s. 290(4)(a) substituted (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 19; S.I. 2016/191, art. 2 (with art. 3)

Modifications

  1. C992S. 290 modified (1.12.1994) by S.I. 1994/2421, art. 11(2)(3), Sch. 7 para. 9