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What is a Bankruptcy
Search? |
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This is a search
at the Land Charges department of the Land Registry
to ascertain whether there are any registered
or pending bankruptcy petitions or other similar
orders against individuals or companies. Every
bankruptcy petition in England & Wales is
registered at the Land Charges department. |
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If a person has
been adjudicated bankrupt will a bankruptcy search
always reveal this, no matter when the bankruptcy
occurred? |
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No, only if the
order was made during the last 5 years, after
which time it will lapse. Further, the bankruptcy
will lapse once all of the bankrupt's debtors
have been satisfied.
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Can I find out
if a person has been made bankrupt at a date earlier
than the last 5 years? |
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Yes, by carrying
out an Official Search. This search is made
for a specified county for a certain period of
years. You will need to state a from and to date.
This type of search is often made when investigating
the root of title of unregistered land, prior
to an application for first registration, to
ensure the vendor's title is not fettered. |
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What do I receive
after submitting my search instructions? |
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You will receive
an email confirming the results of the search,
and this will be followed by an officially stamped
certificate from the Land Charges Department
certifying the entries or absence of entries.
The certificate will be addressed to you. |
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Can I obtain a
copy of the Bankruptcy Application? |
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Yes, just tick the box requesting
a copy. The application is usually submitted
by the Official Receiver or Creditor's agent. |
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My bankruptcy
certificate refers to PA(B) and WO(B). What do
these abbreviations stand for? |
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PA(B) - this is
notification of an entry appearing in the List
of Pending Actions, which means that a bankruptcy
petition has been applied for against the name
of the person stated.
WO(B) - this is notification of an entry in the
list of Writs and Orders that a bankruptcy order
has been made against the person stated. |
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If I obtain a property
register search against a specific property will
this show any entries relating to bankruptcy against
the owner? |
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If a person owns
registered property in his or her sole name
a Creditors Notice will appear in the B section
of the Register in respect of a PA(B) and a
Bankruptcy Inhibition in respect of a WO(B).
If the said person owns unregistered property
the Land Registry will compile a Caution Title
and give this a separate title number. A Caution
Title will provide details of the person having
an interest in the property, e.g. the Official
Receiver, and will protect the property from
sale without the Official Receiver's consent. |
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