Just had my IPA form

scootw1

Just found this on the Technical Manual for ORs:

Duties of bankrupt in relation to trustee post discharge

[s333(1) and(3)]
22.50 The bankrupt's duties in relation to the trustee under section 333 to;

(a) give to the trustee such information as to his/her affairs,

(b) attend on the trustee at such times, and

(c) do all such other things,

as the trustee may reasonably require for the purposes of carrying out his/her functions continue to apply after discharge.


Looks like shameless may have been right after all.

NekoZombie

scootw1 wrote: »

Just found this on the Technical Manual for ORs:

Duties of bankrupt in relation to trustee post discharge

[s333(1) and(3)]
22.50 The bankrupt's duties in relation to the trustee under section 333 to;

(a) give to the trustee such information as to his/her affairs,

(b) attend on the trustee at such times, and

(c) do all such other things,

as the trustee may reasonably require for the purposes of carrying out his/her functions continue to apply after discharge.


Looks like shameless may have been right after all.

ooooooooooooooerrrr!

wherediditallgo

I must admit, I thought shameless was correct about that too. After all, all the conditions of an IPA (including notification of changes of circumstance) apply for 3 years. Changes of circumstance include changes in income, be they increases or decreases. To say that the conditions that form the IPA no longer apply because of an early/normal discharge would in effect limit the conditions of the IPA to a lesser term. Nothing about the early/normal discharge changes the length of the IPA to a lesser length of time or renders the conditions of the IPA no longer applicable. If that was the effect, not only would people find out about their early discharge from the OR instead of finding out from the insolvency register, the OR would also have to inform them of which IPA conditions no longer applied to them, to ensure that they continued to meet the ones that still did.

The IPA commits you to paying a certain sum for the 3 years, based on a percentage of your available income. If it could be ended early because of your discharge date, it would allow you to for instance keep a lottery win of £50k without increasing your monthly payments just because it fell after the discharge date but before the 3 years were up. Unfortunately, that's not the case.

I think the best thing in circumstances where discharge occurs before the IPA/IPO expires is to check with your own OR & get whatever they say in writing.