Discharge Info

mich71_2

Hi, can someone please tell me what information is used in the decision as to when you are discharged from your bankruptcy. I assumed it was a fixed period but this doesn't seem to be the case.

My situation seemed very straight forward until today. My court appt is on Monday, i have all my paperwork in order and my fees.

Things started unravelling last week when i told my employer about my decision to file for bankruptcy, she has been less than supportive, made the last few days at work difficult to say the least and today gave me notice!!

This leads me back to my initial question - will this affect the length of time it takes for me to be discharged??

Many thanks

fermi

Discharge is automatic after 12 months.

The only case where it isn't is if the OR applies to the court to suspend discharge, and that only happens if you are deliberately not cooperating with the OR. Cooperate and you'll be discharged at 12 months.

mich71_2

Great thanks, i only ask as i saw someone post that they were discharged after 3 months and wondered how this happened as i thought it was 12 months for everyone.

alastairq

In times past, it was possible for the OR to apply for an 'Early Discharge' for a bankrupt.

This usually occurred when a bankruptcy was very straightforward, with no chance of a surplus income [ie, perhaps receiving benefits only?].....

This process [ED] ceased some time ago...with Automatic Discharge in place, it seemed pointless, and actually cost money to administer.

lonestarfan

Is it a requirement to tell your employer? What do you think is the explanation for her behaviour? How long have you been employed there and what did she give you in writing as the reason for dismissal? How much notice did she give ?

alastairq

Employers would only have to be informed of BR, if the contract of employment specifically states so.

For example, Civil Servants, and perhaps employees in the financial sector, etc...also some other public sector employees, Armed Forces, etc.

Informing the employer doesn't automatically lead to a dismissal in the above.......but sometimes is intended to trigger a process of welfare support.