We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

How long before discharge?

2»

Comments

  • backontheup
    backontheup Posts: 288 Forumite
    Thanks Rog

    A trustee was appointed in my case too, and they have actually recieved the money to buy out the share in the property.

    I am keen to get it out the way, because I need to start another Ltd company and cannot do so while I am undischarged.

    But I am sure that it will fly by. The last seven months certainly have.
    DISCHARGED 12th December 2007:T

    BSC Member #91

    Proud to have dealt with my debts
  • littlegerts
    littlegerts Posts: 151 Forumite
    cold_angel wrote: »
    Hi Molly,

    If this is your first Bankruptcy you are usually Discharged after 12 months.

    However, you can be discharged earlier than this. This decisions is ultimately down to the OR so you would be best contacting them so see if you would be discharged early.

    Hope this helps you.
    hi i was made bankrupt auguast last year i live in scotland anyone know how long before i am discharged,think laws might be different here
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    hi i was made bankrupt auguast last year i live in scotland anyone know how long before i am discharged,think laws might be different here

    Hi littlegerts :)

    National Debtline has this to say about discharge from bankruptcy in Scotland:

    See: http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=01_bankruptcy
    DISCHARGE FROM BANKRUPTCY

    In most cases you will be discharged three years after the date of sequestration.

    To prevent this the trustee or creditors must obtain a "deferment" from the court. They may do this if they feel you have not co-operated. You can oppose this application by making a declaration that you have:
    • Surrendered all required assets
    • Disclosed all claims
    • Produced all relevant documents.
    Deferment can be for up to two years. This might occur, for example, where a trustee has been unable to sell your home but has reason to believe this will be possible soon. This time limit can be extended.

    Once the discharge is granted, your liability for most of the debts included in the sequestration will expire.

    The exceptions include:
    • Fines or civil penalties
    • Bail
    • A liability incurred through fraud or breach of trust
    • Student loans received or payable after the date of sequestration
    • A social fund loan or social security benefit overpayment.
    I didn't realise it was still 3 years in Scotland. :eek:

    The National Debtline factsheet quoted has lots of other info, plus so does this debtors guide from the Accountant In Bankruptcy:

    http://www.aib.gov.uk/Publications/aib1.pdf
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • littlegerts
    littlegerts Posts: 151 Forumite
    thanks fermi very usefull
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.3K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.2K Work, Benefits & Business
  • 603.9K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.