BRO running alongside BR?

Dodger61

Hi guys,
Can anyone give me any advice. If an BRO is issued against you, can you still be discharged from BR? and then still have the BRO running for a period of time. Or is the discharge from BR linked to the discharge fro BRO? ie. are they on the same timescale.
I think I will get a BRO, ( had a few bets in the past ) so I was wondering if the BRO can follow on even if I am discharged. No probs if it is, but would like to be discharged first.
Thanks Guys

skylight

You are bankrupt for 12 months. Thats it. Occassionally the OR may apply to have your bankruptcy extended, but this is extreme fraud type cases. Whilst BR, you are under certain conditions, such as you cannot be a solicitor, accountant, get credit of more than £500 without telling them direct you are BR etc.

A BRU is a Bankruptcy Restrictions Undertaking (or Order if forced to accept one through court). These last up to 15 years - but that length of time is reserved for those severe cases. If you get a BRU, you will be discharged from your bankruptcy as normal but you will still be under the restrictions imposed upon you.

A BRU must be in place before you are discharged or a BRU cannot be implemented.

Rylynn

Also remember when thinking of that £500 credit, if you pay your car insurance monthly it is classed as credit, I did declare this to my OR and he said no problem we all have to have car insurance and mine was not over the £500.

Dodger61

Thanks Skylight,
Just so I totally understand it. If you are BR you wil be discharged within a year.
if you get a BRU/BRO, although you will be discharged from BR, these can run a lot longer but will NOT effect your BR discharge. ie. I am free to work and live normally, but under the BRO restrictions ( not that a hardship )
I ask this question again, purely as the advice I received from a debtline contricted this. They said, the BR could be extended as long as the BRO. ie extended BR for 2-15yrs!!
Appreciate your help.

Dodger61

Hi skylight,
Sorry for any confusion, I guess what I was asking can the BR be extended?
Think you have answered that.
Has anyone here had their BR extended beyond a year?

Rylynn

A BR can be extended but it is normally in very exceptional circumstances, this can be taking out loans knowing full well you cannot repay them, selling assets when knowingly going BR soon after or within 6 months. Lying on the forms, getting loans fraudulently etc. I am sure others will be along with more to add to the list. I also think gamblers often get a BRO as well.

Why do you think you may get a BRO if I may ask?

Dodger61

Hi Rylynn,
Probably will get a BRO due to a love of poker, horses etc. Not a desperate gambler, but its something I used to enjoy. Not really bothered about the BRO as its restrictions would not really effect me, Just want to be discharged within a year if poss,to get on with my life. Hence my questions. Thanks for your advice

peachyprice

Dodger61 wrote: »

Has anyone here had their BR extended beyond a year?

There is one member, he has had his discharge suspended, but that was for not disclosing income whilst BR.

For misdemeanours prior to BR it's usually just the BRU.

Dodger61

Thanks Peachyprice, Rylynn, its put my mind at rest. This forum has been a godsend. Thanks to all.

Rylynn

Just be totally honest on the forms and with your OR, they really dont like liars, and if they feel you are being upfront I think it goes a long way in your favour, if you are not talking thousands lost gambling in short periods of time you may find yes you get a BRO or a BRU, but your BR will not be extended.

I think you can opt when asked about the BRO to take a BRU which is slightly different, someone here will tell you the difference, but normally you will be discharged within 12 months, under your circumstances they may not give you an early discharge which some people do get ie after 6 months or so.

Also if gambling is an addiction they will want to know you are seeking or have taken help for it. The judge and the OR are highly likely to ask you that, just thought I would mention it so you are prepared.

We all make mistakes in life, anyone who says they do not is a total liar! but at least most of us learn from them. I really never want credit again so I am not bothered about the 6 years of credit being denied as they can stick it where the sun does not shine!

I can only say from my own experience living within my means is more satisfying than living on the never never as my dad called it bless his soul.

Good luck.

Rylynn

peachyprice

A BRU is an undertaking that you agree with, a BRO is enforced by the court. Both have the same restrictions. Most BR's agree to a BRU without the need to go to court.