Discharge Suspended Indefinitely ?

movingforward2010

Just having a look thru the insolvncey register and saw someone who had been made BR in June 1992 and it said 'Discharge Suspended Indefinitely'

Does this mean they will never get discharged?

beentheredonethatstilhere

It could be that the person was made bankrupt in his abcense and hasn't been in touch with the OR and they need to do their job and sort his estate, so until they do that he won't be discharged.

fermi

Or simply refuses to cooperate with the OR regarding some matter. Discharge would then be suspended until they do comply.

Discharge cannot be suspended for ever. Just indefinitely, until they comply with some obligation/condition.

(Or apparently for a set period. Not seen that happen to anyone though.....)

johnsmith25

I was in a situation where an IPA was sent by OR. I challenged it and send my expense sheet. OR never sent a new IPA and I never heard anything back from OR.

I am now thinking that is it possible that OR may consider this as defiance and non-compliance and suspend my ED due in 3 months time.

Are there any examples recently where OR had suspended yearly ED because of non-compliance.

sizzler

Been Naughty and not cooperated. Maybe BR before a few times.

fermi

johnsmith25 wrote: »

I was in a situation where an IPA was sent by OR. I challenged it and send my expense sheet. OR never sent a new IPA and I never heard anything back from OR.

I am now thinking that is it possible that OR may consider this as defiance and non-compliance and suspend my ED due in 3 months time.

Are there any examples recently where OR had suspended yearly ED because of non-compliance.

Don't worry. There is virtually no chance of it happening because of that.

Firstly, the OR/ trustee cannot suspend your AD on a "whim". It can only be done by an application to the court itself, and there would need to be serious grounds to do so. Serious non-cooperation and/or obstruction.

In the case of you not signing an IPA agreement, if the OR really thought that one was justified then their first recourse would be to apply to the court for an IPO. They have enough time to do that if they wanted to do that before your discharge.

As you have heard nothing back from your query, then sounds as if they may just have dropped it.

IPOs are very rare.

In 2009 there were 14,717 voluntary IPAs agreed, but by comparison only 90 IPOs were made through the courts.

Waspeze

fermi wrote: »

As you have heard nothing back from your query, then sounds as if they may just have dropped it.

I'm sure Fermi is right that they may have dropped it though I had a fairly similar situation whereby i'd sent in a change of income and heard nothing from my OR and assumed there was to be no change to my IPA.

A few months later I received a letter saying that that they are applying for an attachment of earnings as I hadn't been paying the "agreed" amount and was in arrears.

Apparently they had increased my IPA but I hadn't received the letter(s)

It was all sorted out thanks to a very helpful lady at RTLU but I won't make the same mistake again of thinking no news is good news