Bro/bru

annisimmy

I think if I've read properly if the OR has not set up an IPA/IPO before your years discharge date they cannot persue it after you discharge from BR? Is this correct?

Does the same apply to BRO/BRUs? My friend went BR in April 2013 but she had previously gone BR in 2008 no IPA but due to issues with her depression she had to go BR again in April 2013 and the OR said she was looking into giving her a BRO/BRU due to having gone BR within 5years.
The reason for her BR this time was because she went into a sheltered care type home and racked up some horrendous care/rent charges over 6 months due to her DLA and Income Support with Disability premiums bieng reduced to Jobseekers after failing her ATOS medical I'm facing a similar ATOS medical scenario and am just awaiting a medical date.

She was up to date with all utilities etc no catalogue type debts just this £3k of rent/WellBieng charges, the judge was not going to give her BR as he reckoned a DRO was better for her but she pleaded her case that due the Bedroom Tax that would affect her in April 2013 she would be racking up even more debt, which meant she would not be able to exchange her 2 bed sheltered flat as she had rent arrears a vicious circle . he gave her the BR reluctantly but she pleaded her case well.

She is now in a nice one bed flat and recovering well, just the BRO/BRU issue hanging over her head, so if discharge date April 2014 comes and goes can the OR implement a BRO after this....

Any clarification would be helpful ..thank you

fermi

Firstly, although a previous BR within 6 years can be taken into account by the court for a BRO/U, it should not be grounds on it's own. i.e. the OR shouldn't seek one soley on the basis of the previous bankruptcy. There should be some misconduct other than the previous BR to justify it.

Doesn't sound likely to me from what you say that they could justify it.

Secondly, although a BRO/U should be sought within 12 months of the bankruptcy order while they are undischarged, the OR can seek leave from the court to apply for one out of time. Unless there are some very unusual circumstances it seems that is not something they or the court would consider, as by 12 months they would have had more than enough time to decide.

So never say never, but from the info you posted I would guess they will be OK.

National_Debtline

Hello there.

Petitioning for bankruptcy within six years of a previous bankruptcy is regarded as potentially culpable conduct. That said, it is generally regarded that this may not be enough on its own to warrant a BRU/O. Often the OR would need to identify other culpable conduct also. Although I cannot give you a definitive answer as to the potential outcome I would hope that the OR would understand the reasons as to why the debt has increased again.

The BRU/O would usually be requested whilst the bankrupt is undischarged.

Best wishes,

David @ NDL.

fermi

http://www.legislation.gov.uk/ukpga/1986/45/schedule/4A

Timing of application for order

3 (1) An application for a bankruptcy restrictions order in respect of a bankrupt must be made—

(a) before the end of the period of one year beginning with the date on which the bankruptcy commences, or

(b) with the permission of the court.

(2) The period specified in sub-paragraph (1)(a) shall cease to run in respect of a bankrupt while the period set for his discharge is suspended under section 279(3).

fermi

Also see: http://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch13-24/Chapter21/part1/part1.htm

annisimmy

Thank you for your quick and informative information to my question.

So maybe they may not pursue the threat of BRO/BRU thing is if they do it's not the end of the world for her, she was just worrying if they would say she had to have one, so silence from the OR might be good.

If given one she will comply, BR has given her peace of mind, that's priceless in her situation, many thanks for your info, I met my friend at the CAB office when they were helping me, so one plus of my bad BR time was a new friend.

Thank you for the information