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EFIS 42, April 2016 : Conveyancing

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On 11th April, the process by which an individual debtor applies for their own bankruptcy will change. In future, the debtor will apply to an adjudicator in the Insolvency Service will decide whether or not to make a bankruptcy order.

The debtor's application to the adjudicator is registrable as a pending action at the Land Charges Department of HM Land Registry.

Because adjudicators do not have the power to annul, cancel or vary any bankruptcy orders that they have made, the debtor or bankrupt person must then apply to the court for an appropriate order, including the cancellation of any registration of the bankruptcy order on the Land Charges Register.

The Land Registry has therefore created a new form K11(ADJ) under rules 10 and 24(2) of the Land Charges Rules 1974 to enable a debtor or bankrupt person to apply to cancel a pending action entry.

The debtor should complete and sign K11(ADJ) and send with this new form a copy of the adjudicator's letter (ADJAR) or a letter of confirmation of refusal (ADJREVU) or a letter confirming the court's decision (ACKAPU) as appropriate according to the circumstances. The adjudicator's unique reference number should also be inserted on K11(ADJ) along with the unique land charges reference number for the pending action.

This form can be used immediately.

Forms affected

K11(ADJ) Application to cancel a pending action entry in the Land Charges Register. 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.