Summary:
A discharge from bankruptcy means you are free from the restrictions of bankruptcy and it releases you from almost all of the debts owe able at the beginning of your bankruptcy. Any monies outstanding under student loan agreements or child support will remain outstanding.
In specific, special circumstances, the Official Receiver can request the Court for a Bankruptcy Restrictions Order. The end result being that you continue to be limited by restrictions after your release from bankruptcy for the time period stated in the Court Order. A Bankruptcy Restrictions Order doesn’t effect the discharge of your debts.
How long am I bankrupt for?
Discharges usually take place after twelve months. But the Official Receiver and Harris Debt Solutions ,can file a Court notice before 12 months are up to state that he has completed his enquiries of your finances. If so, youll be discharged when that notice is filed. When the notice is issued, a copy will be sent to the bankrupt so that he or she knows they have been discharged.
If the party does not co-operate with the Official Receiver or Insolvency Practitioner, then the Official Receiver or Insolvency Practitioner can ask the Court to delay discharge. For example, if the bankrupt gave inaccurate or fraudulent information to the Official Receiver or the Trustee.
How do I obtain my discharge?
Normally, the bankrupt will be accordingly discharged after 12 months, regardless of how many payments have been given to the creditors. If the party is discharged automatically, the party does not receive any notification to notify their discharge unless specifically requested. Dont correspond with the Court earlier than 2 weeks prior to your discharge date, you should get conformation of this around 4 weeks later.
The charge for the discharge notice is £60 payable to the court and multiple copies will cost £1 each. The bankrupt can also request the Official Receiver to advertise your discharge all the advertising costs up front.
You will not obtain an automatic discharge if your discharge period has been suspended or the you are subject to a criminal bankruptcy order. If you want more details on this you would be advised to get in touch the Official Receiver.
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