Summary:
A discharge from bankruptcy means you are released from the limitations of bankruptcy and it releases you from almost all of the debts owe able at the start of your bankruptcy. Any monies outstanding under student loan agreements or child support will remain repayable.
In specific, special 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 but it’s a matter of damage limitation.
How long am I bankrupt for?
Discharges commonly take place after a year. But the Official Receiver can file a Court notice before a year have passed to claim that he has completed his enquiries of your affairs. If accepted, you will be discharged when that notice is filed. When the notice is issued, a copy will be sent to the bankrupt to confirm that they have been discharged.
If the bankrupt does not co-operate with the Official Receiver or Insolvency Practitioner, then the Official Receiver or Insolvency Practitioner can petition the Court to postpone discharge. For example, if the bankrupt provided erroneous or misleading information to the Official Receiver or the Trustee.
How is my discharge obtained?
Normally, the bankrupt will be automatically discharged after 12 months, even if no payments have been paid to the creditors. This means you are out of the debt shelter. If the party is discharged automatically, the bankrupt does not get sent any notification to confirm their discharge unless the bankrupt specifically asks for it. Dont correspond with the Court earlier than 2 weeks before your discharge date, you should receive notification of this about 4 weeks later.
The charge for the discharge notice is £60 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 costs in advance.
You will not be eligible for an automatic discharge if your discharge period has been suspended or the bankrupt are under a criminal bankruptcy order. If you would like more details about this you would be advised to contact the Official Receiver.












