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#29848
Hi there,

I hope you are all well.

I have a question which you may be able to answer. As I will be 6 months into bankruptcy on the 28th Feb, i have of course secretely harboured some hopes to be put foward for an early discharge, but I do not think this is going to happen as I have read on some other site that you will be contacted after approx 5 months and then your creditors hae 28 days to submit their views.

It is ok, because August is coming soon too when I hope I will be automatically discharged. However, I was just wondering what criteria the OR uses to select people for early discharge? I had been of the opinion that if your case is very straight forward, eg no assets, little income etc that this was a reason? When I went to court, I was only contacted by the OR once and he spoke to me for 5 minutes and said that my case was so straight forward that there was no need for an interview and I have emailed a few times whenever I had some changes in circumstances but I never received an answwer nor did I get a Income expense form.

PS I am fully aware that there is no rule or law to qualify for an early discharge but I just wondered how people were chosen, so I can understand why not me.

Many thanks.

Best wishes, Casey
#29849
Hi there Casey. Its good to hear from you.

As far as I am aware the rules about early discharged were changed on the 1st October 2013 with the introduction of something called the Enterprise and Regulatory Reform Act. You can read more about this here (see the last section on the page): Bankruptcy & The Law

As a result of this I do not think that the OR can now give an early discharge to anyone who is bankrupt. As such I believe you will have to wait until you are automatically discharged after your full 12 months are up.
#29854
Hi Geraldine,

Many thanks for that.

I read through it and at the end it says that

BE Tip: This change is not retrospective. All bankruptcy orders made up to and on 30 September 2013 will remain eligible for consideration for early discharge after 1 October 2013. ORs will continue with their present practice when considering early discharge in these cases.

As I was made bankrupt on the 29th August 2013, I guess I could still qualify. However, I guess I must wait if the OR is suggesting it or not?

Many thanks. Best wishes, Casey
#29876
Hi there Casey

Given the date of your bankruptcy you are right you would still qualify for an early discharge if the OR feels it is the right thing to do. Having said that I have never heard of there being any prescribed period after which an OR will consider it. I believe it is simply down to each OR to make a judgement on each individual case. I do know however that if they feel an early discharge is warranted they do not have to ask the creditors views on it. They will simply do it.

If you have head nothing from your OR and you are now 6 months through your bankruptcy my feeling is that your OR is not considering you for early discharge but they still might - never say never. But if they don't as you say August will come round very soon and I have no doubt that you will be automatically discharged at that time.
#29917
Hi James,

Thank you so much for your answer and help.

So be it, i take it as destiny and it might be a blessing in disguise not to be discharged early, you never know. I have been lucky and have not been asked to fill in an expense form so far and also my tax code has so far not changed to O. However, yesterday, I got a letter from the Offical Receiver saying that he is intending to apply to the state to be released as my trustee, what does that mean? I would be very grateful if you could answer it, it is always good to know what I am dealing with.

Yes, August is not far to go and I will be over the moon to be given a chance to start afresh. Please keep your fingers cross for me!

Many thanks, Casey :D
#29921
Hi there Casey

As far as I am aware this letter means that they have finished their investigation into your case. It does not necessarily mean that you will get an early discharge. However, if the admin process is quick and there is nothing else that comes up it could mean you will be discharged early. Although I believe you would be sent an early discharge form first but I am not 100% on this.

Do not be afraid to call the OR and ask the question. :)
#29928
Hi Casey

It is interesting that you have received a letter from the OR saying that he is intending to apply to be released as your Trustee. This would imply that he is applying to the Insolvency Service to allow you to be discharged early. I would give him call and ask him the question. It will not hurt to call and find out.
#29951
DearMelissa and James,

Many thanks for taking the time to answer me so quickly.

Gosh.....I have just plugged up the courage to send the office of OR and email to enquire...I shall update you as to what answer I shall get. You are right, there is nothing to loose worst case scenario is that it stays with August but as I have accepted that already I should be fine.

Thanks again for you invaluable help.

Casey :D
#29952
Hi there,

Just a quick update as the OR has emailed me back.

She mentioned the change in law regarding early discharges and told me that my case is now closed and that I would be discharged in August, which is fine with me.

I just wanted to check with you, I guess, it means that the investigations are completed but the terms of the bankruptcy will still be in place until being discharged, which means I could still get an IPA/IPO if my situation would change?

Many thanks.

Best wishes, Casey
#29959
Hi there casey

Well at least you now have your answer and believe it or not August will come very quickly :)

Yes as far as I am aware although the investigation into your situation is closed the bankruptcy rules will still apply until you are actually discharged in August. Therefore if your financial situation greatly improves in this time you will need to declare this to your OR and your finances may be reviews, however, it may not necessarily mean you will need to pay an IPA as it will depend on several factors such as if your living expenses have increased.

If this happens please come back and ask for help. keep us informed :)