Filing for bankruptcy is difficult, as it can have far-reaching implications on your financial standing. But what happens if you’ve filed for bankruptcy but haven’t yet been discharged? This is known as an undischarged bankruptcy, and it comes with its own set of consequences. In this article, we will explore the legal implications of being an undischarged bankrupt, the steps someone can take to overcome their situation and how Credibble can provide more advice on debt solutions.
What's Included?
What does undischarged bankruptcy mean?
An undischarged bankruptcy is when a person has filed for bankruptcy, but the process has not yet been completed, and they have not received their discharge. This means that the bankruptcy is still active, and the individual has to continue to adhere to the terms of the bankruptcy. This includes paying any debts they owe, meeting any reporting requirements, and providing full disclosure of their financial affairs and assets to the Official Receiver.
What are the legal consequences of being an undischarged bankrupt?
When someone is in an undischarged bankruptcy, they will be subject to certain restrictions, known as Bankruptcy Restrictions Orders (BROs). These orders can severely limit a bankrupt’s financial freedom and include restrictions such as not being able to obtain a credit of £500 or more without informing the lender that they are bankrupt and not being able to run a business without permission from the court. Additionally, an undischarged bankrupt must inform their employer about their bankruptcy status if asked.
What are the consequences of not following through with the terms of bankruptcy?
If someone does not follow through with the terms of their bankruptcy, there can be serious consequences. They may have to repay some or all of the debts that had been written off, they may face additional fines and penalties imposed by the court, and they may even be subject to imprisonment.
What steps can someone take to overcome an undischarged bankruptcy?
Despite the severity of undischarged bankruptcy, there are steps that a person can take to regain their financial freedom. They will need to adhere to the terms of their bankruptcy and continue paying any debts they owe. Additionally, it is important for them to make all necessary disclosures to the court and Official Receiver to demonstrate that they are abiding by the terms of their bankruptcy.
How can Credibble provide more advice on debt solutions?
At Credibble, we understand how difficult it can be to manage unsecured debts and devise a plan to overcome financial hardship. Our team of experienced advisors can help you understand your options when dealing with debts and provide insights into debt solutions that can get you back in control of your finances.
How long does a bankruptcy take to discharge?
An undischarged bankruptcy typically takes up to a year to be discharged, although this process can take longer depending on the case’s complexity. Generally, an individual’s bankruptcy is discharged on the one-year anniversary of being declared bankrupt. This time frame allows the Official Receiver to investigate any assets and liabilities and assess if debts need to be repaid. Once bankruptcy is discharged, the individual’s debts are written off, and their financial restrictions cease.
The process of dealing with an undischarged bankruptcy can be complicated and time-consuming. It is important to seek advice from experienced professionals to help you understand your options and provide guidance on steps to become debt-free. At Credibble, our team of advisors are here to provide advice and support throughout the process so you can overcome your financial hardship and regain control of your finances.
Does bankruptcy automatically come off?
No, bankruptcy does not automatically come off. A person must wait until their one-year anniversary of being declared bankrupt before being discharged from bankruptcy and having their debts written off. During this time, the Official Receiver will investigate any assets or liabilities and assess if debts must be repaid before the individual’s bankruptcy is discharged. Individuals remain subject to Bankruptcy Restriction Orders (BROs), limiting their financial freedom. For more information on debt solutions and overcoming an undischarged bankruptcy, consulting with experienced advisors who can provide advice and support throughout the process is important.
Can undischarged bankrupts leave the country?
Yes, undischarged bankrupts can leave the country, although there are several restrictions that they must adhere to. Depending on their destination and the bankruptcy details, they may need to seek approval from their Official Receiver or trustee before travelling abroad. Furthermore, if the Official Receiver has ordered a Bankruptcy Restriction Order (BRO) against the individual, they may be unable to access any credit or borrow money abroad. It is important for anyone considering travel overseas while undischarged bankrupt to seek advice from experienced advisors on how this will affect them and their financial situation.
What happens when you’re ‘discharged’ from bankruptcy?
When an individual is discharged from bankruptcy, the court grants them a fresh financial start. This means that all their debts included in the bankruptcy are written off, and they are no longer liable. Furthermore, any Bankruptcy Restriction Orders (BROs) placed on them by the Official Receiver will also cease, and they no longer face any financial restrictions associated with being an undischarged bankrupt. However, it is important to note that some debts, such as student loans or fines, may remain in place even after bankruptcy is discharged. It is important to seek advice from experienced professionals who can guide how to best manage your finances following discharge.
Can debt collectors try to collect after a discharge?
Debt collectors may try to collect on a debt after a bankruptcy discharge; however, this is not allowed under UK law. Once a person has been discharged from bankruptcy and the debts have been written off, the debt collectors no longer have the legal authority to pursue collection. Furthermore, debt collectors are not allowed to threaten or harass individuals who have been discharged from their bankruptcy. If you experience any of these issues, seeking advice from experienced professionals for help and support is important.
How to get proof you’ve been discharged.
Once an individual has been discharged from their bankruptcy, it is important to obtain proof of the discharge so they can provide evidence of their financial fresh start. This proof can be requested from the Insolvency Service or the Individual Insolvency Register, which holds information on all bankruptcies, Individual Voluntary Arrangements and Debt Relief Orders. It is important to keep this proof of discharge with you at all times as it can provide evidence that your bankruptcy has been cleared and you are no longer liable for the debts included in it.
Getting public records changed after being discharged
Once an individual has been discharged from bankruptcy, it is important to change the public records to reflect this status. This includes changing credit reports so that any marks associated with the bankruptcy will no longer appear. It is also important to update any other records, including bankruptcy traces, such as Electoral Register entries, local authority records and medical records. Furthermore, it is important to contact all creditors included in the bankruptcy and ensure that they are fully aware of the individual’s discharge status.
