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JimmyChoo
Starting Member
United Kingdom
29 Posts |
 Posted - 08 June 2011 : 14:15:54
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Hi All,
I was wondering if you could help me with a question.
Tomorrow the 9th June will leave the OR exactly 6 weeks to pursue a possible BRO/BRU before my Auto Discharge.
Can any of the experts explain whether I am in the clear with regards not getting a BRO/BRU if on the 10th of June I have not heard anything?
Can the OR post-date BRO/BRU letters?
Please help me understand the BRO/BRU process as I am getting close to auto discharge an am very nervous and joyous at the same time!
Regards,
Jimmy
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JimmyChoo
Starting Member
United Kingdom
29 Posts |
Posted - 09 June 2011 : 08:38:43
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hi Experts,
Any comments on my question. I am very anxious to know what my current situation could mean for me in terms of a BRO/BRU.
quote:
Originally posted by JimmyChoo
Hi All,
I was wondering if you could help me with a question.
Tomorrow the 9th June will leave the OR exactly 6 weeks to pursue a possible BRO/BRU before my Auto Discharge.
Can any of the experts explain whether I am in the clear with regards not getting a BRO/BRU if on the 10th of June I have not heard anything?
Can the OR post-date BRO/BRU letters?
Please help me understand the BRO/BRU process as I am getting close to auto discharge an am very nervous and joyous at the same time!
Regards,
Jimmy
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 09 June 2011 : 09:39:12
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Hi JimmyChoo
Congratulations on your imminent discharge from bankruptcy.
First, is there any reason for you to believe that a BRU/BRO is in the pipeline? You would only get one if the OR thought that you had been reckless either before or during your bankruptcy. Most bankrupts do not have restrictions placed on them. I really would not worry and the OR certainly can not slap you with a BRO once discharge.
All the best
John Blackadder
Bankruptcy365
For help and advice on the easiest and most effective way to a debt free future, please go to www.bankruptcy365.co.uk. |
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JimmyChoo
Starting Member
United Kingdom
29 Posts |
Posted - 09 June 2011 : 10:01:13
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Hi,
Thanks for the comments so far. I my case I did do reckless things before bankruptcy ie. obtaining loans with reasonable prospect of paying them.
It is good to hear that no BRO or BRU can be sought post AD.....however coming back to my original main question: I have exactly 6 weeks left for AD - can the Or still obtain a BRO-BRU? As I have heard they need a minimum of 6 weeks pre AD to get this done?
Let me know your thoughts.
Thanks.
quote:
Originally posted by Blackie
Hi JimmyChoo
Congratulations on your imminent discharge from bankruptcy.
First, is there any reason for you to believe that a BRU/BRO is in the pipeline? You would only get one if the OR thought that you had been reckless either before or during your bankruptcy. Most bankrupts do not have restrictions placed on them. I really would not worry and the OR certainly can not slap you with a BRO once discharge.
All the best
John Blackadder
Bankruptcy365
For help and advice on the easiest and most effective way to a debt free future, please go to www.bankruptcy365.co.uk.
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moodybluetwo
Junior Member
156 Posts |
Posted - 09 June 2011 : 12:52:46
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| Hi Jimmy….I’m in much the same situation as you. I’m not expecting a BRU….but I am expecting to hear about my final SOAs. There are cases recently were the bankrupt doesn’t hear anything at all…just automatically discharged. Let’s hope this happens to us. |
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JimmyChoo
Starting Member
United Kingdom
29 Posts |
Posted - 09 June 2011 : 13:59:15
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Hi Moodyblues,
I am not sure what you mean with "final SOAs".
I have heard that ORs are under pressure from the recent govmnt cut-backs in terms of staffing that in many cases where BROs are merited they are not processed due to huge case backlogs and reduced staff umbers.
Perhaps BIGAL can confirm this due to his proximity as a previous IP at the IS.
Regards,
Jimmy
quote:
Originally posted by moodybluetwo
Hi Jimmy….I’m in much the same situation as you. I’m not expecting a BRU….but I am expecting to hear about my final SOAs. There are cases recently were the bankrupt doesn’t hear anything at all…just automatically discharged. Let’s hope this happens to us.
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 09 June 2011 : 15:32:08
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Hi,
A BRO can be obtained post bankruptcy, by application to the court, but before that by applying for an interim bankruptcy restriction order(which is what happened in one of my last cases, an interim order was obtained on the evidence presented, with a full BRO post bankruptcy), but as has been said previously staff numbers are down, so minor misconduct may escape as they just don't have the resources to deal, but they do have the option of the interim order.
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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JimmyChoo
Starting Member
United Kingdom
29 Posts |
Posted - 09 June 2011 : 15:46:26
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Hi Bigal,
Thanks for that information. So, just to be clear, a BRO/BRU can be sought post AD, but only if preceded by an interim order within the pre-AD period. Or can an Or seek an interim BRO post AD???
I am getting close to understanding this with your help.
Thanks again.
quote:
Originally posted by Bigal4787
Hi,
A BRO can be obtained post bankruptcy, by application to the court, but before that by applying for an interim bankruptcy restriction order(which is what happened in one of my last cases, an interim order was obtained on the evidence presented, with a full BRO post bankruptcy), but as has been said previously staff numbers are down, so minor misconduct may escape as they just don't have the resources to deal, but they do have the option of the interim order.
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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debtinfo
forum expert
2826 Posts |
Posted - 09 June 2011 : 18:01:32
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Basically if you have told them everything up front and when initially asked you are not likely to get a BRO post AD. The judge will only usually allow an application if the OR has not had reasonable time to investigate, for instance if you had been hiding something from them
Although numbers of staff are down overall, the funding for investigations (which is separate) has been maintained in order to maintain the the public protection factor(although they do have to be recognised and flagged up in the first place |
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JimmyChoo
Starting Member
United Kingdom
29 Posts |
Posted - 10 June 2011 : 07:39:18
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Hi Debtinfo,
Thanks for that. I was completely open up front - basically self incriminating and explained in detail. So far I have not heard anything from the OR - so I guess this is good. But I am still worried of the possibility of a BRO and would like to know when things can be considered "final" in terms of when I am "out of the woods".
So I revert back to my original question and perhaps you can help. We have established that a BRO can be sought post AD, by means of a "interim - BRO". The question is does the "interim BRO" need to be within 12 month period - in other words before the AD.
Regards,
Jimmy
quote:
Originally posted by debtinfo
Basically if you have told them everything up front and when initially asked you are not likely to get a BRO post AD. The judge will only usually allow an application if the OR has not had reasonable time to investigate, for instance if you had been hiding something from them
Although numbers of staff are down overall, the funding for investigations (which is separate) has been maintained in order to maintain the the public protection factor(although they do have to be recognised and flagged up in the first place
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moodybluetwo
Junior Member
156 Posts |
Posted - 10 June 2011 : 10:40:29
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Assuming you haven’t got an IPO/IPA the OR can ask for a final statement of affairs to determine if you have sufficient disposable income to pay something back towards your creditors. It is entirely different to a BRO/BRU. |
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JimmyChoo
Starting Member
United Kingdom
29 Posts |
Posted - 10 June 2011 : 13:10:48
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Moody Two Blues,
I am not sure a final SOA is part of the BR process?
I'll let the Experts comment on this.
Regards,
Jimmy
quote:
Originally posted by moodybluetwo
Assuming you haven’t got an IPO/IPA the OR can ask for a final statement of affairs to determine if you have sufficient disposable income to pay something back towards your creditors. It is entirely different to a BRO/BRU.
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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 10 June 2011 : 13:26:50
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Moodybluetwo is correct, prior to AD you receive an income and expenditure form to complete, however not everyone seems to be getting these.
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Please read my experience of debt via my blog at http://vikiw.blogs.iva.co.uk/ |
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JimmyChoo
Starting Member
United Kingdom
29 Posts |
Posted - 10 June 2011 : 13:35:13
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Hi Viki,
Thanks for that. That brings me to another question. What happens if I start working one month before AD and get my pay check a day after the AD. What would I have to declare on my I&E? Yes I will be working - but still on benefits until I get paid, which is one day after AD?
What advice do you have on filling the I&E form in a circumstance like this as technically I will only have income one day after AD?
Let me know your thoughts.
Regards,
Jim
quote:
Originally posted by Viki.W
Moodybluetwo is correct, prior to AD you receive an income and expenditure form to complete, however not everyone seems to be getting these.
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Please read my experience of debt via my blog at http://vikiw.blogs.iva.co.uk/
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xmas baby
Average Member
537 Posts |
Posted - 10 June 2011 : 13:44:37
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Hi there,
I was expecting to receive a BRU as a large percentage of my debts were due to gambling, but luckily I didn't get anything I'm pleased to say. I was completely honest about it and explained that I was undergoing counselling for my addiction, so maybe that helped. I have now been discharged and only have an IPA with only 1 year left to go before it is finished.
I'm sure you will be fine.
xmas baby |
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JimmyChoo
Starting Member
United Kingdom
29 Posts |
Posted - 10 June 2011 : 14:10:01
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Hi Xmas Baby,
Thanks for your post - it is nice to hear that being honest in the SOA and reasons for Bankruptcy does help.
Regards,
Jimmy
quote:
Originally posted by xmas baby
Hi there,
I was expecting to receive a BRU as a large percentage of my debts were due to gambling, but luckily I didn't get anything I'm pleased to say. I was completely honest about it and explained that I was undergoing counselling for my addiction, so maybe that helped. I have now been discharged and only have an IPA with only 1 year left to go before it is finished.
I'm sure you will be fine.
xmas baby
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Topic |
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BRO HELP!!!
