Summary:
A discharge from bankruptcy means you are free from the limitations of bankruptcy and it frees you from most of the debts you owed at the start of your bankruptcy. Any fees outstanding under student loan agreements or child support will remain repayable.
In specific, unusual circumstances, the Official Receiver can appealrequest the Court for a Bankruptcy Restrictions Order. The end result being that you continue to be subject to restrictions after your discharge from bankruptcy for the time period stated in the Court Order. A Bankruptcy Restrictions Order will not effect the discharge of your debts. (Incidentally, if you’d loke to read more go to another blog we like “debt advice blog site“.
How long till I am discharged?
Discharges commonly take place after twelve months. But the Official Receiver can file a Court notice before a year are up to say that he has completed his enquiries of your finances. If agreed, youll be discharged when that notice is filed. When such a notice is issued, a copy will be sent to the bankrupt to confirm that they have been discharged.
If the party does not work with the Official Receiver or Insolvency Practitioner, then the Official Receiver or Insolvency Practitioner can petition the Court to suspend discharge. For example, if the bankrupt provided inaccurate or false details to the Official Receiver or the Trustee. In any case they will eliminate your debt.
How do I obtain my discharge?
Normally, the bankrupt will be accordingly discharged after 12 months, even if no instalments have been given to the creditors. If the party is discharged automatically, the bankrupt does not receive any notification to confirm their discharge unless specifically requested. Dont write to the Court earlier than 2 weeks before your discharge date, you will get conformation of this around 4 weeks later.
The cost for the discharge notice is sixty pounds payable to the court and further copies will cost £1 each. The bankrupt can also ask the Official Receiver to advertise your discharge all the advertising charges in advance.
You will not get an automatic discharge if your discharge period has been suspended or the bankrupt are subject to a criminal bankruptcy order. If you would like more information about this you would be advised to get in touch the Official Receiver.
