Do creditors have a time limit to respond about ED?

whoopsydaisy

A quick question,

When the Or/Examiner/Case worker (Whoever!) writes to your creditors about early discharge, do they get a time frame to respond with any objections?

Thank-you

philnicandamy

The 'report to creditors' is the one that is normally done within 8 weeks of the making of the bankruptcy order. It's the initial report from the OR that tells creditors (amongst other things) the reasons for the insolvency and the likelihood of creditors receiving any payments from the estate.

The OR's office must then wait 3 months before they can consider starting the ED process if they feel it is appropriate.

For the ED, you have 14+7 days to return the IPOQ (I&E questionnaire..this is sent to you from the OR office if your considered for ED) after which the OR can write to the creditors to say that they will be applying for the ED and request any objections.

The OR's office must then wait 28 +7 days to allow creditors to reply. Then if no valid objections have been received, the ED notice can be submitted to the court.

So the quickest the ED could happen (in theory) is 56-57 days after the you get the ED/IPOQ letter.
it often takes longer and can even be shelved at any stage if the office is too busy with new cases.

Mine took about 8 months...

whoopsydaisy

Thank-you. That's exactly what I needed to know! I had my letter and responded to the questionnaire a couple of weeks ago. I hope the ball is rolling.... I just wondered if the creditors were allowed to drag their heels (So to speak!)

philnicandamy

the creditors could drag their heels but they are still only allowed 28+7 working days to file any objections...hopefully though if you've already received your ED/IPOQ letter & sent back its started the ball rolling to ED...remember though as I said just because your considered for ED its not always the case...if the OR office is busy etc the ED may be shelved completely

whoopsydaisy

Thank-you. I am trying to think about the worst situation and not get my hopes up too much. I do have my fingers crossed, and i've saluted every lone magpie and always skipped the 3rd drain pipe cover, so, you never know!!

philnicandamy

problem is so many OR offices are over stretched with caseloads.....although I do hope ED comes through for you