Early discharge from BR

Westan

Whats the soonest one can be discharged from BR? What;s the process for this? Does the official reciever write out of the blue? Does one have to contact them?

Sorry for the questions!

JCS1

Think the quickest I've heard of was approx 5 months.

But, a word of caution. There has been a lot of jobs gone at the Insolvency Service, and the early discharge paperwork used to be done in spare time (I also believe there is a proposed legislation charge that would remove the early discharge process totally), so they are becoming much rarer.

System

When I had my face to face interview in January I was told I was a candidate for ED, but that if they had to write to me for any reason as part of the investigation that the ED would be cancelled. Contrary to what many on here say, the interviewer said that their "busy-ness" isn't that much of a factor anymore.

jayk

Agree my OR told me that they are dealing with more personal insolvencies than before and it takes a lot of paperwork and letters etc to arrange early discharge and that they very rarely now arrange ED as AD is 12 months then went onto say that AD is a lot sooner than it used to be before rules changed.. ( Did it used to be a few years previously?)

tigerfeet2006

Bankruptcy used to last 3 years :eek: so 1 year is a walk in the park.

We very rarely see ED's on the board any more. It used to be several a week and now we are lucky to get several a month. The earliest on the board was 5 months and 1 day but that was a couple of years back.

This is Phil's guide to ED.

The OR will firstly send 'report to creditors' this is normally done within 8 weeks of the making of the bankruptcy order (your appearance at court etc). It's the initial report from the OR that tells creditors (amongst other things) the reasons for the insolvency and the likelihood of creditors receiving any payments from the estate.

The OR's office must then wait 3 months before they can consider starting the ED process if they feel it is appropriate.

For the ED, you have 14+7 days to return the IPOQ (I&E questionnaire..this is sent to you from the OR office if your considered for ED) after which the OR can write to the creditors to say that they will be applying for the ED and request any objections.

The OR's office must then wait 28 +7 days to allow creditors to reply. Then if no valid objections have been received, the ED notice can be submitted to the court.

So the quickest the ED could happen (in theory) is 56-57 days after the you get the ED/IPOQ letter.
it often takes longer and can even be shelved at any stage if the office is too busy with new cases as ED is NEVER a guarantee...

PippaGirl_2

That's interesting Tigerfeet, so you would know that ED is a possibility/probability because you received a new I&E form? So wouldn't just 'discover' you'd been ED'd by looking on the register?

System

At some point you will get the "your bankruptcy file will shortly be transferred to the regional trustee and liquidator unit" letter too (I presume everyone gets one of those?)

tigerfeet2006

Not every one MessedUp. Those who have assets when the OR has finished with their investigations will generally get moved to RTLU and those who don't just sit on file till AD generally.

tigerfeet2006

PippaGirl wrote: »

That's interesting Tigerfeet, so you would know that ED is a possibility/probability because you received a new I&E form? So wouldn't just 'discover' you'd been ED'd by looking on the register?

Yup! but quite often people find out from the IS website that everything has gone through before they even get the letter because it has taken so long to send the letter out.

System

Ahh OK, I stand corrected.

mazman83

My ED process started in January, 4 months after BR. The court stamped the discharge in March, but I wasn't notified until a month after so I missed a month of celebrating.:D