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4-10-2013

The new Enterprise and Regulatory Reform Act 2013 (section 73 and Part 3 of Schedule 21) repeals the early discharge provision.

For any bankruptcy orders made on or after 1 October 2013, a bankrupt will be automatically discharged after 12 months providing their discharge has not been suspended. Early discharge will no longer apply to these cases. The repeal is not retrospective.

All bankruptcy orders made up to and on 30 September 2013 will remain eligible for consideration for early discharge after 1 October 2013. Official Receivers will continue with their present practice when considering early discharge in these cases.

There is no sign of a return to the three year discharge period, which many practitioners consider would be preferable.

Frances Coulson (fcoulson@moonbeever.com)

This post is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information contained in this post. Should you wish to instruct us on any detailed matter, please contact Frances Coulson.

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