How long for discharge ?

northernman_2

My wife and I had our BR hearing this week and from 11.10am on 29/10/2008 we were declared BR. We have been contacted by the OR and expect a telephone interview next week at some point.

I have no idea what the general view is on discharge and whether I can ask for an early one ? - what does the OR look for when deciding such matters ?

Cheers

Addicted2Chocolate

No you cannot ask for an ED. It is for the OR to decide after they have investigated your bankruptcy whether you are suitable for ED. Basically if there is any conduct which may be suitable for a BRO you will not get early discharge. There is not an exhaustive list of 'misconduct; but a list is on page 3 of this booklet.
http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/bro.pdf
There is no 'right' to ED and whether you get it may depend on the resources in your OR's office. Just my personal opinion bit I dont see the point of ED: the BO stays on your credit file for 6 years anyway from date of BO Is automartic discharge at 1 year really that much different or worse than ED at say 6 or 9 months? I woudl like to see the whole ED scrapped from the Enterprise Act.

blind-as-a-bat_2

From the point of view of a BR, well me anyway, ED was important as it meant that the ordeal was as over as it ever can be, it has nothing to do with credit rating or wats on the credit files, it was just knowing that the investigation was over. Its not easy sitting there knowing some stranger is going through your life and not knowing what they are making of it A2C so getting ED is a huge reliefe in a lot of ways to some

dalip

I am on the side of the fence that bat is on and totally agree. I have been put forward for ED and it can not come quick enough for me. ADC whilst you give excellent and invaluable advice from the OR viewpoint you are not sat where we are:o .D

philnicandamy

I'd agree with what everyones said.....early discharge isnt something you can ask for..its not something your entitled to (even if brown envelopes change hands.....I'M JOKING!)

this is usually what happens IF your considered for ED....

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...

I'd have to agree with BAT as well early discharge came at just over 8mnths for me I didnt expect it & it came as a suprise...the relief knowing your no longer accountable to the OR for everything you cant describe...so i'm sorry to say I disagree & think their is a definate point to it....yet my 12mnth stage felt somewhat better

Got2change

I have to say that my thought would be that after ED they can't ask for an IPA that you are then stuck with for 3 years, so - in my case certainly - the sooner the better but in no way am I counting on it.
Have to say that it did have a bearing on choice (ha ha) between two jobs recently, one meant No prospect of IPA, other meant Quite Likely. (Both have just about fallen through anyway but that's another story.)
(Before I get pounced on, yes, I know I should want to repay everyone but even an IPA for three years from a percentage of surplus would probably just about cover the OR fees...... and probably not touch the debts.)

scaredwitless32

My OH received his EDREV papers at the begining of the year and where received back, at the OR's office last day of January, we have still not heard anything and he is just past the 8mnth point. I have now stopped looking at the IS site if it happens ,it happens , totally past caring now, with only 4 months to go. The situation we are in now, is waaaaaaaaay better than what it was before BR, so I cant complain

maxmycardagain

Addicted2Chocolate wrote: »

Just my personal opinion bit I dont see the point of ED: the BO stays on your credit file for 6 years anyway from date of BO Is automartic discharge at 1 year really that much different or worse than ED at say 6 or 9 months?

I woudl like to see the whole ED scrapped from the Enterprise Act.

why?

a jailed prisoner up for rape/GBH, even murderer can get not only parole but remission as well, is a BR worse than them? or are we "care in the community" figures too?

we have a neighbours lad who got 4 years and is due out soon after only 2, what i object to is my BR went in the paper, his court case didnt! i suppose thats right to is it? (and anyone can see my BR details online forever, whereas his crimes can only be revealed to a select few or someone he completes a CRB check for)
He protected by the rehabilitation of offenders act, his offences are "spent" after a set time, my BR isnt, its online even beyond the day i die, so ive got the same term to serve as a lifer, except all his details are only accessible by police/courts/prison service,etc, not the public

The whole arguement for maintaining the public registers is flawed, the online versions need only to be available for financial institutions who could/should be registered users access only, it could be free so no extra cost for those who need access, like financial insititutions/lenders/banks. The paper notices are totally beyond comprehension, nothing more than a public execution.

Addicted2Chocolate

I did not realise that only the bankrupts are allowed to express an opinion on this board. Sorry for expressing an opinion, I will keep it to myself in future and keep away from this board.
I hope you all have happy endings to your bankruptcy journeys.

dalip

Addicted2Chocolate wrote: »

I did not realise that only the bankrupts are allowed to express an opinion on this board. Sorry for expressing an opinion, I will keep it to myself in future and keep away from this board.
I hope you all have happy endings to your bankruptcy journeys.

ADC. You give excellent advice and you are allowed to express you opinion. We may or may not agree but please don't stay away, your experience is invaluable to this board and very much appricated by me if nobody else.D

Broken_hearted

It takes as long as it takes, work on going the full term then anything else is a bonus.