Application for Order Suspending Automatic Discharge - HELP!

buddy21_2

Hi all!
Haven't been on here for a while - was hoping this was nearly over as I was just a few weeks away from my automatic discharge. Silly me!!! Today I have received notice of an Application for an Order Suspending Automatic Discharge through my local County Court. My court date is 5th Feb 09.

I was wondering if any one else has been through this and could tell me exactly what is involved, what are the possible outcomes, what are my options, do I need to go to court etc etc.

Would be very grateful for any help and advice as I must admit I am terrified by this. Have spoken to the insolvency service today who were not a lot of help and I am very confused about how best to proceed now.

I am terrified how this is going to affect my future as in my circumstances I really needed to get my discharge.

Have a lot of other things going badly at the moment and this has just pushed me so low I admit I am not coping very well at the moment - finding it very hard to focus on things and am just getting lost and confused when trying to read up about this situation. Am hoping someone can simplify things a bit.

Many thanks for listening x

Addicted2Chocolate

Have you fully co-operated with the OR and your trustee? Normally OR would apply for a SOD (Suspension of discharge) if the bankrupt had not been co-operative.

buddy21_2

This refers to the fact I sold my car two years before I went br and gave most of the money to my parents to help out with a family emergency. At this time I had no arrears and no idea I would eventually need to go br.

Unfortunately due to my parents health and their views on bankruptcy I do not want them to know. I have explained all this many times to my or and given him every single detail apart from my parents contact details.

I have contacted them at every stage, notifying them when I had a temp job and of any changes in my circumstances and have bent over backwards to comply with everthing they have requested apart from my parents details (although I have explained in detail many times my reasons for witholding this one bit of info).

I am not prepared to add extra stress to my parents life or make my mum's health suffer just so my OR can tick a box on his form. I am prepared to take the consequences for my "breaking the law" over this, just need to know what to expect and what the consequences are etc so I can try to prepare myself.

buddy21_2

Sorry forgot to include the fact that I openly admitted the sale of my car during the OR's telephone call. I think my OR is a newbie and has done everything by the book to the letter! I know he is only doing his job but he has made the past year absolute hell for me. I am not a criminal - I just care about my parents.

dvs

Seems a little mean if you had no reason to believe you would be going backrupt. Two years is a long time. I doubt many of us believed we would be bankrupt even a year before we did.

peachyprice

dvs wrote: »

Seems a little mean if you had no reason to believe you would be going backrupt. Two years is a long time. I doubt many of us believed we would be bankrupt even a year before we did.

It's not the car the OP's suspended discharge is for, it's for not co-operating with the OR by refusing to give his parents address.

Buddy, they can suspend your discharge indefinitely, but if you attend the hearing and put your case to the judge you may stand more of a chance of getting a fixed term.

Have a read here, it gives all the info, and what you can do to minimise the effect.

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch13-24/Chapter22/part4/part_4.htm

buddy21_2

Thank you for your reply. I had no idea at all!! I went bankrupt only because I became ill (RSI) and was unable to work for over 2 years. At the time I sold my car I had no idea I would be unfit for work for such a long time or of the resultant effect on my finances!

I am now classed as disabled and am losing the use of my left hand which does not help my chances of finding employment in these current difficult times!

I just wish that the OR would look at the circumstances - I feel I am just being viewed as a name and number which I suppose in a way we all are! I just really need some advice on what exactly I am facing at this stage.

dvs

Thanks Peachy - read that wrong!

Buddy, awkward situation. Only you can decide whether it's better to keep it from your parents or give the OR their details. Hopefully the judge will be understanding. Finger's crossed for you.