E-mail re-direction in bankruptcy
Date: Friday 11th July, 2008
Author: Chris Laughton
Profile: Chris Laughton
In some jurisdictions not only may a bankrupt's mail be redirected to his trustee or insolvency administrator but so may his e-mails (eg Article 99 German Insolvency Code).
I'm not aware of this happening in England & Wales because s371 Insolvency Act 1986, which enables the court to order re-direction, does not extend to electronic communication.
But if as an insolvency administrator you have obtained a local court order that e-mails arriving in the bankrupt's e-mail account are bcc'd to you, how do you implement it, particularly for webmail or other accounts hosted outside your jurisdiction? Who would you serve the order on - does it have to be the entity with whom the bankrupt contracted for the provision of e-mail services or could it be his local internet service provider?
I don't have an answer, so please comment or otherwise let me know if you do!
Keywords: mail post re-direction e-mail 's371 Insolvency Act' webmail 'German Insolvency Code'
Please note that the opinions expressed in this blog represent the views of the author and not the views of Mercer & Hole.