A discharge from bankruptcy means you are released from the limitations of bankruptcy and it frees you from almost all of the debts you owed at the date of your bankruptcy. Any fees outstanding under student loan agreements or child support will remain repayable.
In certain, exceptional circumstances, the Official Receiver can appeal request the Court for a Bankruptcy Restrictions Order. This means that you continue to be limited by restrictions after your discharge from bankruptcy for the duration stated in the Court Order. A Bankruptcy Restrictions Order doesn’t effect the discharge of your debts.
How long till I am discharged?
Discharges from you debt typically happen after a year. But the Official Receiver can file a Court notice before 12 months are up to say that he has completed his investigation of your affairs. If so, youll be discharged as soon as that notice is filed. When such a notice is issued, a copy will be sent to the bankrupt to confirm that they have been discharged.
If the defendant does not co-operate with the Official Receiver or Insolvency Practitioner, then the Official Receiver or Insolvency Practitioner can ask the Court to postpone discharge. For example, if the bankrupt provided erroneous or false information to the Official Receiver or the Trustee.
How do I obtain my discharge?
Normally, the bankrupt will be accordingly discharged after 12 months, regardless of how many payments have been made to the creditors. If the bankrupt is discharged automatically, the party does not get sent any notification to confirm their discharge unless specifically requested. Do not write to the Court any sooner than 2 weeks prior to your discharge date, you should receive acknowledgement of this around 4 weeks later.
The charge for the discharge notice is sixty pounds payable to the court and further copies will cost £1 each. The bankrupt can also request the Official Receiver to advertise your discharge all the advertising expenses in advance.
You will not obtain an automatic discharge if your discharge period has been suspended or the bankrupt are under a criminal bankruptcy order. If you want more information on this you would be advised to contact the Official Receiver.