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EFIS 36, April 2016 : Insolvency Bankruptcy

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The Enterprise and Regulatory Reform Act 2013 (Commencement No.9 and Saving Provisions) Order 2016 will come into force on 6th April.

Article 2 of this 2016 Order brings section 71 of the Enterprise and Regulatory Reform Act 2013 into force on 6th April.

Section 71 introduces a new procedure for a debtor to apply for their own bankruptcy where instead of petitioning the court for a bankruptcy order, the debtor must apply to an adjudicator who is appointed by the Secretary of State.

On 6th April., the Insolvency Service will introduce a new debt solution (also known as debtor petition reform) to cater for this new procedure where debtors will submit their bankruptcy applications online which will be administered by the adjudicator.

This new procedure means that from 6th April., Insolvency-Bankruptcy forms IN6_27, IN6_28 and IN6_30 will no longer be required.

However, the existing versions of IN6_27, IN6_28 and IN6_30 can still be used up to 5th April but not after this date.

Oyez will therefore remove IN6_27, IN6_28 and IN6_30 from this range on 6th April.

Subscribers to this range who wish to obtain more detailed information regarding the new procedures which will be used on and after 6th April can obtain this information by referring to the Insolvency (Amendment) Rules 2016 which will come into force on 6th April.

Form IN6_1 has received a minor database amendment and can be used immediately.

Forms affected

IN6_27 Debtor's Bankruptcy petition (Rule 6.37) Deleted   [?]
IN6_30 Bankruptcy Order on Debtor's Petition Deleted   [?]
IN6_28 Statement of Affairs (Debtor's Petition) Rule 6.41(1) Deleted   [?]
IN6_1 Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately. (Rule 6.1) New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.