Bankruptcy

Under the Bankruptcy Act 1571 commissioners of bankrupts could be appointed to allow a bankrupt to discharge his debts to his creditors by an equitable and independent distribution of his assets. After such a distribution he could recommence trading. Originally only traders who bought and sold goods or who worked on materials before selling them could be declared bankrupt. All other debtors were insolvent debtors and could be jailed for non-payment of debts. People were, therefore, sometimes inaccurate about their status or business so as to qualify as a trader and escape debtors´ prison. Only from 1861 could insolvent debtors petition for bankruptcy.

Bankruptcy Proceedings

Early commissions of bankruptcy can be found enrolled on the Patent Rolls in C 66 or C 67. Chronological registers of commissions and fiats are in series B 4, but they only commence in 1710 and are incomplete until 1832. They may give the name, address and trade of the bankrupt and the names of the petitioning creditors. Some volumes are indexed, others have alphabetical sections. After 1849 the creditors petitioned for Adjudication in Bankruptcy and these registers, from 1849 to 1869, are in series B 6.

Most case files do not survive, but those that do from 1759 to 1911 are in B 3 and are indexed by name. Others, dating from after 1832, are in B 9 and relate mainly to London. Certificates of Conformity, which effectively discharged the bankrupt from further liability, survive between 1815 and 1856, and an index to certificates from 1733 to 1817 can be found in B 6. Enrolled copies of some certificates from 1710 to 1846, some assignments of assets to trustees from 1825 to 1834, and some appointments of trustees from 1832 to 1855 are in B 5. There are indexes to B 5 and B 6 from 1820 to 1870 in B 8.

District Bankruptcy Courts were set up after 1842 and from 1869 their jurisdiction passed to the county courts. Surviving records will be held locally in county record offices. Cases in London were dealt with by the London Bankruptcy Court, records of which are held here at The National Archives.

After 1883, the London Court of Bankruptcy was incorporated into the Supreme Court as the High Court of Justice in Bankruptcy. Petitions were only presented to the High Court if the debtor had resided or carried on business in the London District for 6 months, if he was not resident in England, or the creditor could not identify his place of residence. A High Court Judge could transfer any case to or from a county court. From 1883, Official Receivers, supervised by the Bankruptcy Department of the Board of Trade, administered a bankrupts´ estate once a court had made a receiving order.

Registers of Petitions for Bankruptcy from 1870 to 1883 are in B 6/184-197 and are arranged alphabetically by initial of the bankrupts´ surname. There are also registers of bankrupts in the London and county courts in BT 40 covering 1870 to 1886. Registers of Creditor Petitions covering cases heard in London are in B 6/178-183 for 1870 to 1883. They are arranged in date order and by bankrupts´ surname. Declarations of inability to pay, which was one means of committing a formal act of bankruptcy, are in B 6 and cover 1825 to 1925. They give date of filing and basic details of name, address and occupation of the debtor and the name of their solicitor.