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22.21EA Combined notification of official receiver's intention to file early discharge notice and application for release

The official receiver may apply to the Secretary of State for his/her release as trustee when the administration of a bankruptcy estate is for all practical purposes complete. The official receiver must send notice of his/her intention to apply to the Secretary of State for release to all creditors of which he/she is aware, and to the bankrupt.

Form EDNCR is a combined notice to creditors of;

(a) the official receiver's intention to file a notice under section 279(2) that the investigation of the conduct and affairs of the bankrupt is concluded, and

(b) notice of the official receiver's intention to apply to the Secretary of State for release as trustee.

This form may be used where the criteria outlined in paragraph 22.11EA are met and where the official receiver has completed his/her administration as trustee of the bankruptcy estate.

Where the combined notice is used, creditors have 21 days in which to object to the Secretary of State (OR Banking Section) regarding the granting of the official receiver’s release after which time the release may be granted

All creditors may, within 28 days of the date on form EDNCR inform the official receiver in writing of any objection to the early discharge of the bankrupt, giving reasons for that objection. The official receiver should allow a further 7 days to allow for any late objections.

The official receiver should note that where a combined notice is issued, objections to the early discharge process may be lodged with the Secretary of State (in practice OR Banking) in error. Such objections should be considered as if they were lodged with the official receiver directly.

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