Bailiffs and debtors subject to bankruptcy and debt relief orders (DRO)

When a debtor becomes bankrupt, the bailiff may not take an enforcement step, and must make over any controlled goods to the Official Receiver or the Trustee in Bankruptcy if so required.^[1][2]

When the bailiff receives notice the debtor is bankrupt or subject to a Debt Relief Order, he cannot sell the debtors goods.^[3]

If the bailiff sells the debtors goods, he must give the proceeds of the sale to the official receiver,^[4] or, if the debtor is a company, the liquidator.^[5]

When a debtor subject to bankruptcy or a debt relief order, pays a bailiff money to release his goods, the bailiff must pay over that money to the official receiver, or if the debtor is a company, the liquidator.^[6]

You must tell the official receiver or the liquidator about bailiffs seeking enforcement, and they will issue them with a notice to stop the enforcement^[7] and the enforcement power ceases to be Exercisable.^[8]

Debts not released on discharge include, unpaid court fines^[9] and child maintenance.^[10] Bankruptcy only stops enforcement of these debts until the debtors goods cease to be vested in the trustee in bankruptcy.^[11]

^{[1] If the debtor is a company, Section 184 of the Insolvency Act 1986
[2] If the debtor is a person, Section 346 of the Insolvency Act 1986
[3] Civil Procedure Rule 83.20(1)
[4] Civil Procedure Rule 83.20(3)(c)(i)
[5] Civil Procedure Rule 83.20(3)(c)(ii)
[6] Civil Procedure Rule 83.20(3)(c)
[7] Civil Procedure Rule 83.20(3)
[8] Paragraph 6(3)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[9] Section 281(4) of the Insolvency Act 1986
[10] section 281(5)(b) of the Insolvency Act 1986
[11] Section 283 of the Insolvency Act 1986}