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About the Official Receiver

The Official Receiver is a civil servant of The Insolvency Service and an officer of the bankruptcy court. They have offices throughout England and Wales and their main duties in your bankruptcy are to:

• collect and protect your assets (property, possessions, shares etc) for your creditors (people you owe money to)
  
• write a report on the cause(s) of your bankruptcy
  
• sometimes act as your trustee - the person who sells your assets to pay your creditors
  
• advertise your bankruptcy in official publications like the 'London Gazette'
  
• organise your discharge from bankruptcy
  

What the Official Receiver can't do

The Insolvency Service and the Official Receiver can’t give you legal or financial advice. You can get this from your local Citizens Advice Bureau. A solicitor or independent financial adviser can also help you, but they may charge a fee.

• Debt - where to get free help and advice

• Choosing and using a financial adviser

• Find an insolvency practitioner

Interview with the Official Receiver

Within two weeks of the court making you bankrupt, the Official Receiver will contact you to arrange an interview.

The interview will either be in person or over the telephone and will help the Official Receiver collect information on your assets and the cause(s) of your bankruptcy.

Forms and financial information for your interview

Details of the interview and what you need to prepare will be confirmed in writing. You usually need to provide information about your:

• debts, including any hire purchase agreements
• assets – for example, property, shares, insurance policies, pensions
  
• creditors
  
• income and expenses – for example, bank statements, household bills or account books if you are a sole trader

The Official Receiver might ask you to put this information on a form called the 'Preliminary Information Questionnaire'. If so, they will send you a copy to fill out and tell you when it needs to be returned to them.

You can get help with the questionnaire from your local Citizens Advice Bureau or the Insolvency Enquiry Line (telephone 0845 602 9848, Monday to Friday 8.00 am to 5.00 pm).

• Find your local Citizens Advice Bureau

What happens at the interview

An Official Receiver will:

• check the information on your Preliminary Information Questionnaire
  
• ask for any additional information about your debts and assets
  
• ask how and why you became bankrupt
  
• answer any queries you may have about bankruptcy – for example, how long it lasts

What happens after the interview

After the interview, the Official Receiver will check your information and write a report to your creditors on your assets and debts. This usually takes between 8 and 12 weeks.

The Official Receiver will tell your creditors, bank, building society and others connected with your assets (like a pension or insurance provider) that you have been made bankrupt.

The Official Receiver will advertise your bankruptcy in the 'London Gazette' and the Individual Insolvency Register. The 'London Gazette' is a publication of legal notices and the Individual Insolvency Register is an online database of bankruptcies in England and Wales.

• Bankruptcy - how it affects you

• Find your local Citizens Advice Bureau

• The London Gazette Opens new window

Who manages your bankruptcy?

You have to hand over any assets of value and the financial interest in your home to a person appointed to manage your bankruptcy. This person is known as your ‘trustee’ and they will use these assets to pay your creditors.

As soon as you are made bankrupt, the court appoints an Official Receiver to manage your bankruptcy. They’ll collect information on your finances and protect your assets for your creditors.

If you have significant assets, the Official Receiver usually asks your creditors to appoint an insolvency practitioner to act as your trustee. If you don’t have significant assets, your Official Receiver will act as your trustee. An insolvency practitioner is an authorised debt specialist.

Fees for managing your bankruptcy

Any fees your trustee charges will be paid through your bankruptcy estate (the assets and money collected to pay your debts).

The fees charged by the Official Receiver are set by law and those of an insolvency practitioner vary. You can get more information about fees from your Official Receiver or insolvency practitioner.

• Contact your local Official Receiver

• Find an insolvency practitioner

Your responsibilities to your trustee

You should co-operate fully with your trustee and provide any information they ask for. For example, information on your savings, income or property. If you don’t, your discharge could be delayed or you could face further court action.

• Bankruptcy - your responsibilities and restrictions

Discharging your bankruptcy

Bankruptcy normally lasts for 12 months. After this time, you are usually discharged (freed) from the debts owed in your bankruptcy.

It can be earlier if the Official Receiver completes their work on your bankruptcy and your creditors don’t object. You can ask your Official Receiver to write confirming your discharge date.

The Official Receiver will authorise your discharge and make sure that any official records are updated, for example, the Individual Insolvency Register.

• Bankruptcy - how and when it can end

More useful links

• Complain about an Official Receiver to The Insolvency Service

Useful contacts

• Money, tax and benefits contacts