Robert Jordan considers applications to suspend discharge of a bankruptcy order
Over the last five years the number of applications to suspend automatic discharge has reduced from 1,970 in 2008/9 to 1,218 in 2012/3. The suspension of automatic discharge is penal to ensure cooperation during the investigation phase.
IA 1986
An application to suspend the discharge of a bankruptcy order is made under s 279 of the Insolvency Act 1986 (IA 1986). This prevents the automatic discharge and the end of one year “beginning with the date on which the bankruptcy commences”. Any application must be commenced before the automatic discharge as the application is to suspend that discharge.
The application can be made by either the official receiver or trustee (s 279(3)) and the court may order that the automatic discharge shall cease to run until: “(a) the end of a specified period, or (b) the fulfillment of a specified condition.”
The court may make an order (s 279(4)) only “if satisfied that the bankrupt has failed or is failing to comply with an obligation under this Part”. The section does not apply
