The Debt Advice Blog

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

In certain, special circumstances, the Official Receiver can apply to request the Court for a Bankruptcy Restrictions Order. This means that you continue to be subject to restrictions after your release from bankruptcy for the duration stated in the Court Order. A Bankruptcy Restrictions Order will not effect the discharge of your debts. It’s a matter of damage limitation.

How long till I am discharged?
Discharges usually take place after twelve months. But the Official Receiver (the debt prevention office) can file a Court notice before a year are up to claim that he has completed his investigation of your accounts. If agreed, youll be discharged when that notice is filed. When such a 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 work 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 misleading details to the Official Receiver or the Trustee.

How do I obtain my discharge?
Normally, the bankrupt will be accordingly discharged after 12 months, even if no deposits have been given to the creditors. If the defendant is discharged automatically, the defendant does not get sent any notification to confirm their discharge unless the bankrupt specifically asks for it. Dont write to the Court any sooner than 2 weeks prior to your discharge date, you will receive acknowledgement of this around 4 weeks later.

The cost for the discharge notice is £60 payable to the court and additional 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 you would be advised to contact the Official Receiver.

Thereafter you need to be very careful to keep out of debt.

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