Bankruptcy Discharge Order

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How do I get discharged?

You will get discharged from bankruptcy after completing a year after your order came into force. This will happen automatically so you don’t have to do anything else. If the Official Receiver files a court notice before the year ends you can even get discharged earlier. You will receive a document that states the time your discharge will happen. It is important that you cooperate with the officials during this process for your benefit, otherwise the discharge may be ceased. In any case you will need to apply for a discharge certificate that will proved that the conditions that were enforced by bankruptcy have ceased and you have now been released from all the restrictions.  If you need this document at the exact point where your discharge will happen wait up to two weeks prior the date of the discharge to write to the court.  Make sure you have included details such as name, address as well as your court number (to be obtained from the latest correspondence about your bankruptcy). The cost of this document is £60. Any extra copies will cost you £5.

This is another way of being discharged earlier from bankruptcy as it is the previously discussed FTVA or Fast Track Voluntary Order.

Two exemptions to get discharged automatically:

1. Suspension of your discharge period for failing to co-operate with the Official Receiver or trustee;
2. When your bankruptcy order is criminal.

The Official Receiver is available to answer any queries regarding your particular situation.

Early discharge from bankruptcy

An automatic discharge from bankruptcy is not possible.  Your process is reviewed after 3 months the reports are sent to your creditors. 8 months after the report is issued. If your bankruptcy does not require further investigation you can then file for an early discharge, but once again, this won’t happen automatically. For this you need to respond to the queries of the Official Receiver quickly. Another requisite for this to happen is to have no objections from your creditors. This process of early discharge  usually takes 6 months to be executed.

What happens after a Bankruptcy Discharge Order

• You will be free from debt. When applying for credit you don’t have to mention your bankruptcy  (unless otherwise stated).
• If you are in a mortgage agreement talk with your lender because they can pursue you for missing payments.
• The assets involved in the bankruptcy order are not returned to you after the order ends. Assets like home are dealt with after your discharge. In case your home has not been dealt with for 3 years since the date of the bankruptcy order, the interest might be returned to you.
• Any payments must continue after the discharge.
• If you have been restricted of conducting a business now you can carry on as normal after the discharge.
• It is important that you cooperate with officials and trustees or failing to do so it will be regarded as a breach to the court order.
• The insolvency register will hold a record of your bankruptcy up to 3 months.
• Inform Credit Reference Agencies of your discharge and they will update their records accordingly. For more information, a leaflet called ‘Credit Explained’ is produced by the Information Commissioner’s Office.

More information and help:

By telephone: 0845 015 0010.

By email: publications@berr.gsi.gov.uk

By fax: 0845 015 0020

You can also write to:

The Insolvency Service Publications Orders
Records Management
4th Floor East
Ladywood House
Birmingham
B2 4U