Summary:
A discharge from bankruptcy means you are free from the restrictions of bankruptcy and it releases you from the majority of the debts owe able at the date of your bankruptcy. Any fees outstanding under student loan agreements or child support will remain repayable.
In specific, unusual circumstances, the Official Receiver can appeal request 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 duration stated in the Court Order. A Bankruptcy Restrictions Order doesn’t effect the discharge of your debts but the debt protector might help.
How long till I am discharged?
Discharges usually take place after a year. But the Official Receiver can file a Court notice before a year are up to claim that he has finished his investigation of your accounts and debts. If accepted, you will be discharged as soon as that notice is filed. When the notice is issued, a copy will be sent to the bankrupt to confirm that they have been discharged from debt.
If the party does not work with the Official Receiver or Insolvency Practitioner, then the Official Receiver or Insolvency Practitioner can ask the Court to suspend discharge. For example, if the bankrupt provided incorrect or misleading details to the Official Receiver or the Trustee.
How do I obtain my discharge?
Normally, the party will be automatically discharged after 12 months, even if no payments have been given to the creditors. If the party is discharged automatically, the party does not receive any paper work to confirm their discharge unless specifically requested. Don’t write to the Court earlier than 2 weeks prior to your discharge date, you should get notification of this about 4 weeks later.
The charge for the discharge notice is sixty pounds payable to the court and further copies will cost £1 each. The bankrupt can also require the Official Receiver to advertise your discharge all the advertising expenses in advance.
You will not be eligible for 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 on this should get in touch the Official Receiver.
