ABSTRACT

Section 366 of the Insolvency Act 1986 gives the court various powers with which to support the investigation of the bankrupt. The court may on application by the Official Receiver or the trustee in bankruptcy summon before it the bankrupt, the bankrupt’s spouse and anyone else thought to be in possession of property comprised in the bankrupt’s estate or to be indebted to the bankrupt or otherwise able to give information. Anyone who fails to appear without reasonable excuse or who appears likely to abscond to avoid appearing may be arrested in order that he or she may be brought before the court. These are essentially private proceedings and the court may exclude others from the hearing; those summoned to appear may be examined on oath about the bankrupt and his or her dealings, affairs and property.30