What is early discharge

padiman

And how do you qualify for it ??

skylight

You cannot qualify for early discharge. It may or may not happen, depending on any complications with your BR case. If you have a simple case, the OR will perhaps put forward for your discharge to be bought forward from your automatic discharge date (1 year after your BR court hearing). It depends not only on simplicity but also how busy your OR is.

fermi

It is at the discretion of the OR, if your affairs are a concluded fairly easily/quickly. You cannot apply for it, it just happens.

FAQ - The Discharge Process

Early Discharge

An important point to make here is that a person has no automatic right to receive early discharge from their bankruptcy.

The OR will only file the necessary papers when he/she is satisfied that the investigation into the conduct and affairs of the bankrupt is concluded. It follows that it is only suitable for cases where there is to be no further investigation. That is not to say that every asset must have been realised before such a notice can be filed, but what it does mean is that the OR must be satisfied that he/she (and the trustee, if one is appointed) is able to deal with any remaining matters in the bankruptcy.

All being well, three months after the issue of the report to creditors (RTC) the early discharge process should begin. The three months is purely an internal deadline to enable the creditors to respond. It is a timescale agreed by the Senior Management of The Insolvency Service.

The case is reviewed and if all asset matters and any further investigation matters which have come to light are concluded and still within 10 months of the bankruptcy order, the early discharge letter should be issued to all known creditors – and to the trustee if one is in office.

NB If the case is older than 10 months it would not be feasible to begin the early discharge process as the time allowed for creditors to respond and the notice to be filed would remove any benefit and the discharge period should run to the 12 months.

Notice of early discharge is filed at court and the OR serves a sealed copy on the bankrupt. The date of the court seal is the date of discharge. Entries will remain on the Individual Insolvency Register for three months after discharge.

Objections to early discharge

Should there be any objections to early discharge at either the RTC stage or intention of early discharge letter stage, these should be considered as to whether they need further investigation and, if so, the early discharge process suspended. It may be started again when they are resolved, providing it is within 10 months of the order.

Sagz_2

Oh


*deletes smutty answer*

skylight

Norbertsmum wrote: »

Oh


*deletes smutty answer*

*intrigued. What was smutty answer??:rotfl:*

fermi

Norbertsmum wrote: »

Oh


*deletes smutty answer*

:rotfl::rotfl::rotfl:

We think the legal term could do with rewording as well.

fiveyearplan

Why don't we come up with a new term to use on this forum. 'I got an early discharge' however exciting that may be it just doesn't sound right! it sounds like you should be on a course of antibiotics!

philnicandamy

Hmm this was mentioned a while ago.......we sort of decided on "early release" then thought it sounded too much like you'd just done a spell inside!

fiveyearplan

I remember the discussion but can't remember the outcome.

philnicandamy

wasnt an outcome......stayed at "ED"

fiveyearplan

That'll do for me!