When would the official receiver be likely to exercise the discretion to advertise?
Generally speaking, there are very few occasions where it will be appropriate to exercise the discretion to advertise, and the decision to place an advertisement should be the exception. When deciding whether to advertise an insolvency event, the question that should be asked is ‘why advertise’ rather than ‘why not advertise’, and the expense of placing any form of advertisement should be weighed against the likely benefit to be achieved from it. The examiner will advise, and provide specific instructions, regarding the need for any form of discretionary advertising. There are two main areas where it may be appropriate to exercise the discretion to advertise: a. where there has not been a full disclosure Although the official receiver may have decided not to exercise discretion to advertise at the initial stages of the case there is no time limit on when to exercise the discretion so in, for example, cases of non-surrender or non co-operation the official receiver might decide to place
