discharge looming

Not long to go now! Seems like only yesterday that I was reading your original posts on the matter, as well as the others who were around at the time. It seems to be that once the member has actually had their BR approved, they don't tend to frequent the forums as much.

As far as I'm aware (I may be incorrect but have done a lot of research on the matter), once the year is over that's it, they can't pursue you anymore (unless any criminal allegations are made). So fingers crossed within the next 3 weeks you hear absolutely nothing! Just over 4 months left for me, I'm literally counting down the days.

Your automatic discharge does not affect the OR, they can continue to look into anything they want. I was discharged after 1 year, as normal, but they rumbled on for another 6 years.

They don't need to defer/stop your AD or go for a BRO, those sanctions are for the uncooperative and naughty, to keep their enquiries going.

With only 3 weeks to go I'd say you should be fine, there's not enough time left for the OR to seek a court order preventing your AD or slapping you with a BRO.

london1973 wrote: »

my understanding is that whilst a current asset can rumble on they need to resolve matters around a disposed asset within the undischarged period- is that correct?

I doubt that, the only time limits I've read about are the 12 months for IPA/O and/or BRU/O and the 3 years for home equity. Always thought everything else was open ended (until case closed).

This may however be of interest

31.4A.82 Transfers of property following matrimonial proceedings
It has been held that, generally speaking and assuming the court is in full possession of the facts when making the order, the spouse receiving property under a property adjustment order in divorce proceedings (particularly, contested divorce proceedings) is considered to have given consideration equivalent to the value of the property transferred, since it is the responsibility of the court to effect a fair distribution of the property of the marriage (see paragraph 31.4A.83) URL="https://www.insolvencydirect.bis.gov.uk/technicalmanual/ch25-36/Chapter31/part4A/Part%203/Part%203%20notes.htm#40"]note 40[/URL. In such cases, the provisions of the Act in relation to transactions at an undervalue (see paragraph 31.4A.63) are not satisfied and the order cannot be attacked as a transaction at an undervalue.
It is anticipated that applications to set aside property adjustment orders as transactions at an undervalue will be rare.



Source here

Hi,
There is no time limit to deal with this matter, once the potential asset is known about.
From what you say, you have done nothing wrong - in fact it seems that you have done everything right.
To explain the last post by Mouse, in a nutshell - If an agreement of property in family law occurred before bankruptcy, and that property order was made with the judge in full knowledge of your circumstances at the time then it cannot be 'un-done' by an OR.


DD