Section 285: Restriction on proceedings and remedies.

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part IX: Bankruptcy — Chapter II: Protection of Bankrupt's Estate and Investigation of His Affairs

At any time when proceedings on a bankruptcy application are ongoing or proceedings on a bankruptcy petition are pending or an individual has been made bankrupt the court may stay any action, execution or other legal process against the property or person of the debtor or, as the case may be, of the bankrupt.

Any court in which proceedings are pending against any individual may, on proof that a bankruptcy application has been made or a bankruptcy petition has been presented in respect of that individual or that he is an undischarged bankrupt, either stay the proceedings or allow them to continue on such terms as it thinks fit.

After the making of a bankruptcy order no person who is a creditor of the bankrupt in respect of a debt provable in the bankruptcy shall—

have any remedy against the property or person of the bankrupt in respect of that debt, or
before the discharge of the bankrupt, commence any action or other legal proceedings against the bankrupt except with the leave of the court and on such terms as the court may impose.

This is subject to sections 346 (enforcement procedures) and 347 (limited right to distress).

Subject as follows, subsection (3) does not affect the right of a secured creditor of the bankrupt to enforce his security.

References in this section to the property or goods of the bankrupt are to any of his property or goods, whether or not comprised in his estate.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.