ABSTRACT
The current structure of investigation in bankruptcy and compulsory liquidation is based on that introduced by the Bankruptcy Act 1883, which was designed to ensure that an impartial and independent examination should be undertaken into the causes of each bankruptcy as well as into the conduct of each bankrupt. Powers to gather information2 and obligations to take notice of criminal activity are provided in the case of all collective insolvency regimes, with the exception of individual and company voluntary arrangements, but the extent to which there is an obligation on anyone actively to investigate varies.
