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Trolly-Dolly
Average Member
591 Posts |
 Posted - 06 December 2008 : 09:40:13
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Can the OR continue to investigate you and slap a BRU on you after discharge?
It doesnt really apply to me, but I was reading the Insolvency Site about BRUs and loads of people went BR in 2005/6 but are just getting their BRUs now!
That would be a terrible shock to me, if in say 2 years time I got a letter saying I took out too much credit etc! One woman on there got a 4 year BRU for taking on an additional £130pm!!!!!!! Goodness, due to my poor budgetting I took on far more than that. I was hoping that come next August it would all be over for me.
You can read my blog here;
http://drowningmummy.blogs.iva.co.uk/ |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 06 December 2008 : 09:44:46
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Hi TD
No i dont think they can just put you under a BRU after discharge, they would have had to have mentioned it before hand and had the ball semi rolling so that it could be instigagted later.
I may be wrong on that one, but as far as i am aware it cant be applied after discharge.
LOL
Jo
x
17 Weeks down 
35 to go 
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 06 December 2008 : 10:07:33
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Hi TD, just found this:
xi Bankruptcy Restrictions Orders and Bankruptcy Restrictions Undertakings
The Enterprise Act 2002, whilst imposing a shorter term for bankruptcy, seeks to protect against the minority of bankrupts who abuse the system or whose conduct has been dishonest, reckless or otherwise culpable by introducing Bankruptcy Restrictions Orders (BROs) and Bankruptcy Restrictions Undertakings (BRUs). Where an individual is the subject of either a BRO or BRU, the restrictions imposed on an undischarged bankrupt, that would otherwise cease to apply after the 12-month period, will continue to apply.
BROs or BRUs operate so as to extend the period of restrictions for a bankruptfrom one year from the date of the bankruptcy order (or less if the early discharge process is applied)for a minimum period of 2 years up to a maximum period of 15 years, from the date the BRO was made (or BRU given). The court will grant a BRO if it thinks it appropriate to do so having regard to the conduct of the bankrupt on the application of the official receiver acting on behalf of the Secretary of State. The application for a BRO must be made before the end of the one-year discharge period, unless the court agrees otherwise.
Alternatively, the bankrupt may consent to be bound by a BRU. This is an agreement between the bankrupt and the official receiver that the bankrupt agrees to the extension of the restrictions until a specified date. It is a binding agreement and operates in the same way as the court order. The bankrupt may apply to court for a BRU to be annulled or for it to cease to have effect before the agreed specified date.
In the same way as an undischarged bankrupt, who is the subject of a BRO or BRU ,may not either obtain credit of more than the prescribed amount, or engage in business without disclosing his status, nor may he/she act as the director of a company. Further, there are certain restrictions that will no longer apply to an undischarged bankrupt but apply only to the subject of a BRO. For example, an undischarged bankrupt was previously prevented from holding office in local government or from acting as a school governor but this is no longer the case and only those who are subject of a BRO or BRU are precluded from such positions.
A register of BROs and BRUs will be maintained as part of the Individual Insolvency Register.
It should be remembered that a person subject to a BRO or BRU is still discharged from bankruptcy and the provisions of section 307 regarding after-acquired property do not apply post discharge, notwithstanding the restrictions imposed on them as a result of the order or undertaking.
Jo
x
17 Weeks down
35 to go
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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Trolly-Dolly
Average Member
591 Posts |
Posted - 06 December 2008 : 12:32:37
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Right, I'll go ahead and sell my pram on ebay then once discharged! Thanks for that Jo.
You can read my blog here;
http://drowningmummy.blogs.iva.co.uk/ |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 06 December 2008 : 12:49:45
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Hey no prob
You go for it :-)
Jo
x
17 Weeks down
35 to go
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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twokatz
Junior Member
United Kingdom
179 Posts |
Posted - 09 December 2008 : 17:39:07
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Hi
Hope you don't mind me joining your thread. I have been wondering about this too - I was pretty sure that they couldn't put a BRU/BRO on you after discharge - but not sure if they can still carry out investigations.
I went BR on 28/8/07 and was automatically discharged 12 months later. Since my discharge I keep getting letters from my IP querying payments made to my credit cards back in 2005 and various other bits and . I have been answering the queries - but it is a bit unsettling as you thought it would all be over once discharged and it doesn't seem to be the case (or at least not in my case!)
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 09 December 2008 : 18:40:04
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Hi TwoKatz
U can still get contact from the OR after discharge although they cant enforce an IPA or BRU i think after then.
You do have a duty to help out with their enquires etc so that may be why they are still incontact.
I would not worry though.
Jo
x
18 Weeks down
34 to go
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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BRUs after discharge?
