I have an issue I want to discuss with the Officer Receiver. It is about whether I go back to work now or after I am discharged in order to avoid an IPA. My work decision will be based on what the Receiver classes at essential costs. I have found a holistic therapy that has helped me. I will need more of this treatment in order to ensure my return to work is managed. Without the support of the holistic treatment I believe my return to work to fail. I want to discuss with the receiver whether he will allow me money to pay for what is classed as a luxury treatment. On top the amount of money I will need to pay for it will vary monthly depending upon the problems that arise with returning to work. If they say they will not allow me money then then I will wait until I am discharged before returning to work so that I keep all of my money and will be able to pay for the treatment I may need.
I know this decision is mine to make but this is not my question. My question centres around early discharge. If I get early discharge then in theory I could be discharged in six – nine months. If not then it will be a year. If I discuss my issue with the Receiver and I decide to wait before returning to work then the Receiver may think I am not returning to work just to avoid an IPA and therefore not apply for early discharge. My question to this forum is does anyone know whether the early discharge decision is based on something asked early in the bankruptcy or on the circumstances at the time an early discharge will be granted.
Basically I do not want a question I ask now to affect my early discharge prospects.
ED is mainly based on when the OR is finished with the person's case i.e. checking into their financial history, sorting out any assets, etc.
If a person currently doesn't have an IPA and there is a chance they could be eligible for an IPA if their BR were to run the full 12 months then the OR may hold off on the ED. I believe that this is also a reason that creditors can object to an ED although, in practice, I am not sure how often this happens.
I was in much the same situation as you before I went BR. After enduring an IVA which was extended to 6 years I decided to go BR...and also took the opportunity to change my job...which meant there was very little chance of getting an IPA. I also decided at the start to treat the BR as a 12 month cooling off period after many years of debt and worries and that’s what I think you should consider as well....anything thing better is a bonus.
an early dischage question
Posted - 16 November 2010 : 14:06:37
