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 Forum Questions
 Requesting an early discharge
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gjm68
Starting Member

18 Posts

Posted - 13 November 2010 :  03:40:21  Show Profile  Reply with Quote
I have known people to get early discharge after 7 months. I know this is not an automatic thing and something the OR has to apply for. I also know that if the bankruptcy is simple (no assets to dispose of) then it can be resolved in six months.
Does anyone know whether it would do me any harm to contact the OR after six months and ask whether he is happy to request an early discharge?

I don’t know whether asking would make the OR think you are have something up your sleeve and not apply out of spite.

thanks

Blackie
forum expert



United Kingdom
565 Posts

Posted - 13 November 2010 :  08:58:42  Show Profile  Visit Blackie's Homepage  Reply with Quote
Hi GJM

I think that the simple answer is not to rock the boat and leave things as they are. The OR will contact you about early discharge, if necessary. As you so rightly say, you could be tempting fate!

All the best

John Blackadder
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Housing
Senior Member



United Kingdom
1399 Posts

Posted - 13 November 2010 :  09:40:45  Show Profile  Reply with Quote
I agree with Blackie.

Many people are having ED these days. They tend to be the straightforward cases.

I suggest that you leave it to the OR to decide, do not pester the OR - you want him/her to be your friend!

At the end of the day - 12 months is NOT a long time...

Good luck, Richard

"There are no problems - only solutions"
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Skippy
forum expert



United Kingdom
3290 Posts

Posted - 13 November 2010 :  10:11:00  Show Profile  Reply with Quote
When I was BR the advice was not to contact the OR regarding ED - if it happens it happens, if not then you are BR for 12 months.

My case was a simple one and I didn't get ED, but to be honest it didn't make much difference.

View my blog at http://skippy13.blogs.iva.co.uk/

Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.

Last IPA payment made on 28th June 2010 - it's over at last!
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gettingoutofdebt
forum expert



2418 Posts

Posted - 13 November 2010 :  10:34:40  Show Profile  Reply with Quote
Contacting the OR for an ED probably isn't a good idea. They already have enough to do and 12 months is not a long time for BR.
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Bigal4787
forum expert



United Kingdom
641 Posts

Posted - 13 November 2010 :  11:01:33  Show Profile  Reply with Quote
Hi gjm68
so you're aware, the ED decision is made by the examiner who interviews you whether it be face to face or over the phone, then it has to be approved by the OR, but I never had one knocked back.

Any decision for ED is always made on the circumstances and what led to your insolvency, generally illness, unemployment and giving up work to care for a relative. My advice would be not to phone the OR asking for ED, as the ones(not many) who phoned me asking for it never got it so as the other posts said don't rock the boat!

Big Al
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gjm68
Starting Member

18 Posts

Posted - 14 November 2010 :  15:13:04  Show Profile  Reply with Quote
thanks for the advice.

I have no assets so my case should be fairly straight forward. I went bankrupt because of having to give up work due to illness. I know a year is not that long but the debts and backruptcy are contributing to my health. The sooner this is over the better.
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gettingoutofdebt
forum expert



2418 Posts

Posted - 14 November 2010 :  17:14:29  Show Profile  Reply with Quote
If your case is straightforward then you may get an ED anyway. Don't forget that you aren't always informed by the OR if you do have an ED as this happened to me.

I received a letter from the OR about 5 months into my BR saying that my case had been transferred to the RTLU. I didn't have any assets and had already set up my IPA. I was expecting to be contacted by the RTLU to complete another I&E if I was going to be getting an ED but didn't hear anything so assumed that I would be getting an AD after 12 months. I happened to be checking the Insolvency Register a couple of months later and it showed that I had received an ED 3 weeks previously. I didn't receive any information from the RTLU or OR regarding the ED so they won't always contact you.

6 months is probably the earliest that you can expect an ED but it doesn't do any harm to check the Register every couple of weeks.
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Skippy
forum expert



United Kingdom
3290 Posts

Posted - 14 November 2010 :  17:54:56  Show Profile  Reply with Quote
I would say to anyone thinking of going BR that they should expect to be BR for 12 months and not to stress about ED. If it happens it's great, but if it doesn't it's not worth stressing about it.

View my blog at http://skippy13.blogs.iva.co.uk/

Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.

Last IPA payment made on 28th June 2010 - it's over at last!
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Richard P
Senior Member



United Kingdom
1701 Posts

Posted - 16 November 2010 :  12:59:35  Show Profile  Reply with Quote
the year flies by.

Richard
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xmas baby
Average Member



537 Posts

Posted - 17 November 2010 :  12:26:35  Show Profile  Reply with Quote
Hi there,

As Tracy says, it's not worth stressing out about early discharge. 12 months isn't a long time and although my case was straighforward, I still did the full 12 month term. As far as worrying about your debts, these should no longer be a problem once you are bankrupt anyway, regardless of whether you get a early discharge or not.

xmas baby
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