Suspension of discharge hearing

Riverstone58

If you're not contesting it do you have to a attend a suspension of discharge hearing?
Can't find any info on this elsewhere.

Thanks.

Minkym00

Is it definitely a suspension if discharge hearing or a public examination? If the bankrupt is aware of proceedings then usually the OR will ask the court for a public examination hearing first and then, if they don’t attend, ask for discharge to be suspended. I ask because the OR may ask for an arrest warrant if you fail to attend a public examination. 

fatbelly

The basic rule is that you never get a worse deal by attending.

So if you are being invited to attend, go. Dress smart. Call the judge sir or ma'am (as appropriate). Answer any questions as briefly as possible.

Why is discharge being suspended? Is it something that you could comply with ahead of the hearing?

Riverstone58

Minkym00 said:

Is it definitely a suspension if discharge hearing or a public examination? If the bankrupt is aware of proceedings then usually the OR will ask the court for a public examination hearing first and then, if they don’t attend, ask for discharge to be suspended. I ask because the OR may ask for an arrest warrant if you fail to attend a public examination. 

Thanks for the reply.

I wouldn't have known this but it makes sense.

All of this correspondence has been from the IPA team who informed me that if I didn't respond and comply by a given date they would ask the OR to apply for me to be examined under oath in court. This I took to be a public examination.

However I have subsequently received a court date for a suspension of discharge to be held at 3 o'clock in the afternoon so this doesn't sound like a too long or drawn out process?

Although my original question still stands your reply has confused me further?

MalMonroe

Riverstone58 said:

If you're not contesting it do you have to a attend a suspension of discharge hearing?
Can't find any info on this elsewhere.

Thanks.

Hi, you also said "However I have subsequently received a court date for a suspension of discharge to be held at 3 o'clock in the afternoon .. .?" - is there any information on the notification you received?

My own view is that it is probably in your best interests to attend such a court hearing. To my mind, even though it can sound scary, it proves that you are interested in what is being decided about your financial matters. Non-attendance at court (unless absolutely unavoidable) is never a good thing - assumptions and decisions are made without your input, in your absence. As you suggest, it doesn't sound as if it's going to be a long procedure. 

fatbelly, above, as usual, has some great advice, with which I agree. 

These are obviously only my own thoughts and opinions and I wish you all the very best.

fatbelly

I tried to be clear. You should go.

You haven't complied with something that you had a duty to comply with and if you continue with that path you run the risk of criminal proceedings.

The details are here

https://www.gov.uk/guidance/technical-guidance-for-official-receivers/47-discharge

Minkym00

Ok. So the IPA team has asked you for information and you haven't given it to them so they can't assess whether or not you should be given an IPA. Why not post on here your expenses and people can advise the likelihood of you getting one?

I'm guess you're close to discharge right? I'm guessing that the suspension hearing has been requested as you're close to discharge and, rather than a public examination, they've opted for a suspension hearing to ensure they are given it. If you attend the hearing the judge will likely adjourn the hearing and put an interim suspension of discharge in place until the next hearing. 

As it an IPA matter it's highly unlikely that a warrant will be requested if you fail to appear.

JCS1

OP  - is there a reason you aren't replying to the IPA team?

And you are aware that the SOD will pause the clock on the rule that IPA must be set up within 12 months?

Riverstone58

Hi All,

The circumstances and potential aftermath aren't relevant at the moment but does anyone actually know what happens at these hearings?

I can find zero on the net about this which I find rather odd.

I gather it's not under oath (?) which would suggest to me that it's not that in depth, but I could be totally wrong of course.

Minkym00

Likely this...

If you attend you will be sworn in under oath. You will be asked to give a legal undertaking to provide the information by a certain date, and the hearing will be adjourned to allow this to happen. If you are close to discharge, this will be suspended until the next hearing.

At the next hearing your discharge will probably be made indefinite if you still haven't complied. However as you have a legal undertaking at the last hearing, you would be in contempt if you haven't complied. If you are found in contempt could you could fined or imprisoned.