Early Discharge

ceri123

DH & I went BR 11/12/07 and OR recommended early discharge after 6/9 mths. How does that work? Will we automatically receive something from the OR to say we are discharged or is it something we need to 'apply' for?

Don't want to sit around waiting if we should be doing something.

Also, how likely is it that it will happen after 6 mths as opposed to the 9 mths (ie. OR recommended 6/9 mths - a bit ambiguous?)

Thanks x

betterlatethannever

Hi ceri

No, you don't need to apply for ED, it just happens when the OR 'has a minute'

Keep a check on the IS website http://www.insolvency.gov.uk/eiir/ sometimes it appears on there well before you get the letter from the OR informing you of your ED.
How likely is it to happen? how longs a piece of string really:rolleyes: most ORs offices are really busy at the moment and ED isn't considered a priority.

Just hang in there, keep checking the website and waiting for the lovely letter of Ed from your OR.

maxmycardagain

how long after going BR were you told to expect a ED? was it put in writing?

ta

betterlatethannever

Max.
I was told by my OR at the interview that i may well get Ed, though they never said how long into my BR that may happen.
I think if you have a very basic case then some ORs do mention it. You certainly don't get anything in writing though.

philnicandamy

The OR will firstly send 'report to creditors' this is normally done within 8 weeks of the making of the bankruptcy order (your appearance at court etc). 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 as ED is NEVER a guarantee...

Baybee1984

I was told I would probably get an early discharge too..
I got a letter, 4mths into my BR, in which I had to send back asap with my new income/expenditure.. then jus made to sit back and wait till I heard something. I got my letter last week telling me Id be given early dischage last month..

eastyorks4x4

Which court did you use?
The only reason I ask is that I've heard that E/D depends on how busy the Court/OR office is.

Just hoping my case moves quick I suppose......

ceri123

Hurrah! We got our Eary Discharge notices through the post yesterday - sealed copy from the court. It says to contact the court for formal certificate of discharge - should I do this? Will we need it for the clean up of our credit files or do we just send creditors the copy of the sealed notice?

dalip

Congrats. A formal copy i believe is £60 each:eek: . You dont,as far as i know need one of these to update your C/F. Just send a copy of the sealed notice.D

ceri123

Hmmm, think I'll pass then!!