Insolvency Act 1986, section 312

Obligation to surrender control to trustee

Part IX Bankruptcy

(1)The bankrupt shall deliver up to the trustee possession of any property, books, papers or other records of which he has possession or control and of which the trustee is required to take possession.

This is without prejudice to the general duties of the bankrupt under section 333 in this Chapter.

(2)If any of the following is in possession of any property, books, papers or other records of which the trustee is required to take possession, namely—

(a)the official receiver,

(b)a person who has ceased to be trustee of the bankrupt’s estate, or

(c)a person who has been the supervisor of a voluntary arrangement approved in relation to the bankrupt under Part VIII,

the official receiver or, as the case may be, that person shall deliver up possession of the property, books, papers or records to the trustee.

(3)Any banker or agent of the bankrupt or any other person who holds any property to the account of, or for, the bankrupt shall pay or deliver to the trustee all property in his possession or under his control which forms part of the bankrupt’s estate and which he is not by law entitled to retain as against the bankrupt or trustee.

(4)If any person 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 312 12

Ann Nilsson & Anor v Timothy Edward Jones

[2026] EWHC 319 (Ch) · 17 February 2026

Confirms the bankrupt’s duty to deliver up the bankruptcy estate. The absence of evidence that the Austrian assets would be delivered up was material to the exercise of the discretion to annul. (see paras [75]; [96](b); [116])

MOHAMMAD RAZI KHAN v ARVINDER SINGH-SALL & Anor

[2022] EWHC 1913 (Ch) · 21 July 2022

Applies the bankrupt’s statutory obligations when evaluating sustained non-co-operation and obstruction of the bankruptcy administration. (see paras [116]-[124])

ADRIAN HYDE & Anor v MYCK DJURBERG

[2022] EWHC 1534 (Ch) · 6 May 2022

Applies the bankrupt’s duty to deliver up property, books, papers and records in the bankrupt’s possession or control which the trustee is required to take. Breach supported the conclusion that s 365 relief was needed to enforce delivery up (see paras [7]-[8]; [16]; [30]). Cited as part of the provisions containing further detail about the bankrupt’s delivery-up duty. The judgment did not separately analyse subsection (2), but treated the statutory duty as part of the basis for enforcement under s 365 (see para [7]). Cited as part of the provisions containing further detail about the bankrupt’s delivery-up duty. The judgment did not separately analyse subsection (3), but treated the statutory duty as part of the basis for enforcement under s 365 (see para [7]).

What each judgment says about section 312 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Modifications

  1. C1033S. 312 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II
  2. C1034S. 312 modified (1.12.1994) by S.I. 1994/2421, art. 11(2)(3), Sch. 7 para. 20