Automatic Discharge

Grumpy_Shunter

Can anyone tell me in what way, if any, am I still answerable to the OR after my AD?

Also - how quickly does the IS register update itself to show discharged.

Many thanks.

arcon5

Your not - unless you've hidden assets, in which case it's a criminal matter

fermi

Grumpy_Shunter wrote: »

Can anyone tell me in what way, if any, am I still answerable to the OR after my AD?

Also - how quickly does the IS register update itself to show discharged.

Many thanks.

You still have the general duty to cooperate with the OR/trustee regarding your former affairs. For example if something crops up from the past, or it turns out that an asset devolved upon you prior to discharge that only came to light post discharge, or say there was still interest in property to deal with, you would still have to cooperate and provide any info the OR/trustee requires.

IS register should update at midnight on the day of your discharge. make sure you click on your name in blue after searching to see the full record, as it won't show on the first screen.

Grumpy_Shunter

arcon5 wrote: »

Your not - unless you've hidden assets, in which case it's a criminal matter

A £20 phone from Tesco. Am I going down?

Grumpy_Shunter

fermi wrote: »

You still have the general duty to cooperate with the OR/trustee regarding your former affairs. For example if something crops up from the past, or it turns out that an asset devolved upon you prior to discharge that only came to light post discharge, or say there was still interest in property to deal with, you would still have to cooperate and provide any info the OR/trustee requires.

IS register should update at midnight on the day of your discharge. make sure you click on your name in blue after searching to see the full record, as it won't show on the first screen.

Thanks so much, fermi.

No assets, house has been repo'd and no-one has died and left me money whilst in BR.;)

fermi

OK. Your duty to cooperate sits there in law just in case anything does crops up, but short of that you are done.

Grumpy_Shunter

fermi wrote: »

OK. Your duty to cooperate sits there in law just in case anything does crops up, but short of that you are done.

Thanks once again, fermi.

Is this the case indefinitely? or just for the 6 years?

fermi

In theory indefinitely I think. There is no time limit set by the legislation.

291 Duties of bankrupt in relation to official receiver.

(4) The bankrupt shall give the official receiver such inventory of his estate and such other information, and shall attend on the official receiver at such times, as the official receiver may reasonably require—

(a) for a purpose of this Chapter, or

(b) in connection with the making of a bankruptcy restrictions order.]

(5) Subsection (4) applies to a bankrupt after his discharge.

(6) If the bankrupt without reasonable excuse fails to comply with any obligation imposed by this section, he is guilty of a contempt of court and liable to be punished accordingly (in addition to any other punishment to which he may be subject).

Duties of bankrupt in relation to trustee.

(1) The bankrupt shall—

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

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

(c) do all such other things,

as the trustee may for the purposes of carrying out his functions under any of this Group of Parts reasonably require.

(2) Where at any time after the commencement of the bankruptcy any property is acquired by, or devolves upon, the bankrupt or there is an increase of the bankrupt’s income, the bankrupt shall, within the prescribed period, give the trustee notice of the property or, as the case may be, of the increase.

(3) Subsection (1) applies to a bankrupt after his discharge.

(4) If the bankrupt without reasonable excuse fails to comply with any obligation imposed by this section, he is guitly of a contempt of court and liable to be punished accordingly (in addition to any other punishment to which he may be subject).

TheGardener

Congrats on the AD :beer:
If you found an old premium bond down the back of the sideboard - and it transpired that you won on it before or during your BR - the law says you have to tell the OR about that.
But to add to AQ's excellent list - you can now be an elected councillor...or the trustee of a charity...school governor?

and although you may not want a 'normal' current account, you should be able to ask for your internet banking back (if you lost it)

Grumpy_Shunter

Thanks all.

As ever, great help from a great bunch.