The Iva Advice Blog

A discharge from bankruptcy means you are released from the limitations of bankruptcy and it releases you from most of the debts owe able at the date of your bankruptcy. Any bills owed under student loan agreements or child support will remain repayable.

In specific, special 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 doesn’t effect the discharge of your debts.

How long till I am discharged?

Discharges usually happen after a year. But the Official Receiver can file a Court notice before twelve months are up to state that he has finished his enquiries of your accounts. If accepted, you will be discharged when that notice is filed. When the notice is issued, a copy will be sent to the bankrupt to confirm that 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 petition the Court to delay discharge. For example, if the bankrupt gave incorrect or false details to the Official Receiver or the Trustee.

How do I obtain my discharge?

Normally, the party will be accordingly discharged after 12 months, regardless of how many instalments have been paid to the creditors. If the defendant is discharged automatically, the party does not get sent any paper work to notify their discharge unless specifically requested. Do not write to the Court any sooner than 2 weeks prior to your discharge date, you will get conformation of this about 4 weeks later.

The price for the discharge notice is sixty pounds payable to the court and further copies will cost £1 each. The bankrupt can also request 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 you are subject to a criminal bankruptcy order. If you want more details on this should get in touch the Official Receiver.

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