Insolvency Act 1986, section 291

Duties of bankrupt in relation to official receiver

Part IX Bankruptcy

F747(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F747(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F747(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F748 (4)The bankrupt shall give the official receiver such inventory of his estate and such other information, and shall attend on the official receiver at such times, as the official receiver may reasonably require—

(a)for a purpose of this Chapter, or

(b)in connection with the making of a bankruptcy restrictions order.F748]

(5)Subsection (4) applies to a bankrupt after his discharge.

(6)If the bankrupt without reasonable excuse fails to comply with any obligation imposed by 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 291 16

MOHAMMAD RAZI KHAN v ARVINDER SINGH-SALL & Anor

[2022] EWHC 1913 (Ch) · 21 July 2022

Applies the bankrupt’s duties of co-operation in assessing his conduct. Failure to provide information and co-operate with the Trustee was a relevant factor against annulment. (see paras [116]-[124])

The Official Receiver v Brown

[2017] EWHC 2762 (Ch) · 7 November 2017

Applies the statutory obligation as requiring cooperation and information to be provided to the Official Receiver. Failure to comply without reasonable excuse formed part of the continuing contempt and supported immediate imprisonment (see paras [3], [12], [32], [56]).

The Official Receiver v Brown

[2017] EWHC 2728 (Ch) · 1 November 2017

Applies the bankrupt’s duties to deliver up the estate and records and to provide information and attend when reasonably required. The court found breaches of those duties. (see paras [29]-[41]) Applies the duty to deliver possession of the estate and all relevant books, papers and records to the official receiver. The court found that none had been delivered and that no reasonable excuse existed. (see paras [30], [33], [38]-[41]) Applies the duty to provide an inventory and other information and to attend on the official receiver when reasonably required. The court found repeated failures to attend and provide information. (see paras [31], [34]-[41]) The provision was quoted as confirming the continuing application of section 291(4) after discharge. It was not separately determinative of the certified breaches. (see para [29]) Applies the consequence that failure without reasonable excuse to comply with section 291 constitutes contempt of court. The court found the breaches proved beyond reasonable doubt. (see paras [29], [37]-[41])

1 more judgment, and what each says about section 291, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F747S. 291(1)-(3) omitted (6.4.2017 for E.W.) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 10 para. 4; S.I. 2016/1020, reg. 4(f)
  2. F748S. 291(4) substituted (1.4.2004) by 2002 c. 40, ss. 269, 279, Sch. 23 para. 5 (with s. 249(6)); S.I. 2003/2093, art. 2(2), Sch. 2 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))

Modifications

  1. C993S. 291 applied (with modifications) by S.I. 1986/1999, art. 3, Sch. 1 Pt. II