Bankruptcy review summaries 2025-26

Review 1

Review 1

Scenario

The debtor asked for a review of the trustee's decision to vary his DCO and backdate it. He claimed that he was on a low income and could not afford to pay a DCO. The trustee provided the reviewing officer with bank statements from an online bank which showed the debtor transferring substantial sums of money from a business account to his own personal account.

Decision

The reviewing officer confirmed the trustee’s original decision, and the DCO was set as per the trustees calculations. They consulted current guidance and agreed that the DCO could not be backdated.

Review 2

Review 2

Scenario

The trustee successfully appealed the review decision not to allow the DCO to be backdated. The reviewing officer was asked to review their decision again but this time considering updated legal advice that had not been known to the reviewing officer at the time.

Decision

The reviewing officer confirmed the trustee’s original decision, the DCO was set as per the trustees calculations and they agreed that the DCO could be backdated.

Review 3

Review 3

Scenario

The debtor asked for a review of the trustee's decision to vary and his DCO. He claimed that his trustee wasn’t taking into account the various disability benefits that his family were receiving. The trustee responded to say that they had looked at several bank statements covering a 3 month period. Their CFT took over 2 months to complete and involved many conversations with the debtors wife. They pointed out to the reviewing officer that the household income had increased significantly since the award of bankruptcy. They provided evidence that they had offset the disability benefits. They also pointed out that the debtor had breached several categories within the CFT and that some of the expenditure was excessive.

Decision

The reviewing officer confirmed the trustee’s original decision, and the DCO was set as per the trustees calculations.

Review 4

Review 4

Scenario

A creditor asked for a review of the trustee’s decision to vary the debtor’s DCO to nil. The trustee provided the revieing officer with a copy of the current state of affairs and vouching to support the debtor’s income and expenditure. In addition they provided a copy of the CFT calculation they had made which showed that the debtor’s DCO should be varied to nil.

Decision

The reviewing officer confirmed the trustee’s original decision, and the DCO was varied to nil.