How long before auto discharge can they apply to extend me ?

lorri88

Hi All

Avid reader of this site, but only posting for the first time today, so apologies if do this wrong.

I will have been bankrupt for 12 months on Saturday - i am guessing that i will be automatically discharged on this date ?

However - i am really worried that the IP that has taken my bankruptcy on will extend it - they have no reason to - apart from being horrible ! I know they have to show proof as to why - and knowing this lot they will try it on (my company went under 2 years ago and i employed this crowd to deal with it - as they didn't get any money from the company creditors - they came after me!)

My question is - how long before the 12 months is up can they apply for an extension to the court ? How can i find this out as i do not want to ring them to find out.

Many Thanks

Lorri88

Ineedaname

Please, please stop worrying, you only have a few days to go. I'm sure that any extension would have to be within the law and if they wanted to do that to you they would have done it by now. You say they have no reason to extend so I'm sure you have nothing to worry about.

Maybe we need a name for this period of time in BR - a 'pre AD panic attack' perhaps? You don't believe it's possible so you panic about the what ifs.

So again, please, please try to stop worrying and come back to let us know the AD has gone through.

confused76

hi there
have you had a look on the insolvency website? this should show your discharge date or advise if discharge has been suspended

http://www.insolvency.gov.uk/eiir/IIRMasterPage.asp

hope that helps x

dojoman

Don`t worry they would have to have applied to have it extended well before now, just relax and enjoy your AD:)

lorri88

Thanks for the replyies & that link- really useful... but now i am really worried !

I have 3 entires against my name - 1 from the court, and 2 it would appear from when the IP took over - The one that has the court details looks as it should - correct address and discharge of March 26th.
The 2 other entries have March 30th, one has an incorrect address but still says discharge March 26th, but the other, has the correct address, but says Discharge suspended !!!

Surely they cannot just suspend me without telling me or with good reason ? I've had nothing but problems from this company - they are really gunning for me :S

Ineedaname

Sorry, I don't know enough about the IS records to be able to advise this time. BUMPing for some more help.

JCS1

lorri88 wrote: »

Thanks for the replyies & that link- really useful... but now i am really worried !

I have 3 entires against my name - 1 from the court, and 2 it would appear from when the IP took over - The one that has the court details looks as it should - correct address and discharge of March 26th.
The 2 other entries have March 30th, one has an incorrect address but still says discharge March 26th, but the other, has the correct address, but says Discharge suspended !!!

Surely they cannot just suspend me without telling me or with good reason ? I've had nothing but problems from this company - they are really gunning for me :S

If they had got s suspension of discharge (SOD) they go back to court for the judge to do it - but they should have written to you with the details of the hearing etc, and reasons why.

I can only suggest speaking to them in the morning to find out more.

lorri88

Thank you all for your replies, i rang the court today, as to why there were 3 entries against my name on the insolvency . gov page... turns out that although i made myself bankrupt on the 26th March 2010, the company that did the Adminstration for my company applied to make me bankrupt on the 30th & because the 2 dates were so close together, the court ruled to use the 2nd date (30th of March) as the date i went Bankrupt ! So... apparently the 'discharge suspended' comment against one of the entries, is the courts way of cancelling my bankruptcy date and adding the new one (hope that makes sense).... i'm not convinced, but i guess i will find out on Wednesday !!

Only question i have now is - the IP that took over my bankruptcy is still writing me letters asking me to clarify purchases etc... basically i lent my sister some money 3 years ago to buy a caravan, she paid it back in cash lumps but the IP is still asking for proof..... come Wednesday can they still investigate this and indeed anything else - or is there time up and they can't do owt ?

Thanks again all

silvercar

turns out that although i made myself bankrupt on the 26th March 2010, the company that did the Adminstration for my company applied to make me bankrupt on the 30th & because the 2 dates were so close together, the court ruled to use the 2nd date (30th of March) as the date i went Bankrupt !

did they refund your fees?

lorri88

No..... do you think they should have ??!! I never even thought about that aspect of it !

Ineedaname

It's a good point cos it means the Court have taken two BR fees from two different parties for the same person to go BR. However, they have to cover costs too and you did actually attend Court, I presume the other party did too, so the fees could be valid for both as Court time was used.

Not sure about the OR fees though, do third parties pay OR fees as well as Court fees? If so, that might be worth trying to get back. As the Court have decided to make you BR as of the third party date the OR is theoretically acting under those terms and not the terms you made yourself BR.

Sorry, can't think of the right words to use today, but hopefully that made some sense.