Seminar on the Reform of the Debtor Bankruptcy Petition Process - Insolvency Service - 20th March 2009

17 MAR 2009

The agenda has been circulated for the forthcoming Insolvency Service (IS) Policy unit seminar entitled: Reform of the Debtor Bankruptcy Petition Process. The session is schedule to take place on Friday 20th March. The day will start at 10.15 and is due to finish at 16.00. The seminar will be held at the IS's Bloomsbury Street headquarters. The agenda looks very interesting, particularly the small group sessions. These have been divided into three groups:

"Advice and Information

Neither the court services, nor the Official Receiver can offer advice on the best debt relief tool for the debtor.  Under the proposed scheme how can there be certainty that the debtor is fully informed and has received adequate advice prior to petitioning for a bankruptcy order?

Identity

The anonymity offered by the internet can enable applications to be made without someone’s knowledge or consent. Currently, the court services do not make any checks on a person’s identity.What safeguards can be put into place in the proposed scheme to reduce the possibility of fraudulent or malicious applications and ensure the person making the application is the debtor?

Gravitas

The effect and consequences of bankruptcy ensure that it is and should remain the option of last resort.  Providing the post-order process remains the same, will removing the courts undermine the seriousness of bankruptcy and encourage more debtor applications or will the proposed scheme simply modernise an already administrative process?"

The morning session also includes a session entitled, "A Judicial Perspective of the Debtor’s Petition Court Process" which is going to be delivered by District Judge Jordan of the Leeds Combined Court Centre and Insolvency Court Users Committee. I look forward to seeing you there!

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