Obtaining Information

This Statement provides a guide to a trustee in bankruptcy's power to obtain information.

The bankrupt's own information

On appointment, the bankrupt's estate vests in the trustee. As a general rule, this means that any right the bankrupt has to information or copy documents (eg bank statements) now vests in the trustee, as well as a right to any documents that belong to the bankrupt. As such a bankrupt's trustee is also entitled to see any legal advice the bankrupt may have obtained prior to his bankruptcy. This right extends to documents held under joint legal privilege, for example where husband and wife jointly instructed the solicitor.

Third party information

A statutory power given to trustees in bankruptcy enables them to obtain information from third parties that would not normally be available. Section 366(1) of the Insolvency Act 1986 (" IA86 ") reads as follows:

"At any time after a bankruptcy order has been made the court may, on the application...