Post Discharge

April 2004 

Part 5 has been amended to include the bankruptcy provisions of the Enterprise Act 2002 which came into force on 1 April 2004.

22.42 Debts not released on discharge

With limited exceptions, on discharge a bankrupt is released from all his/her bankruptcy debts and those creditors will no longer be his/her creditors. With regard to the debts from which the bankrupt is or is not released on obtaining his/her discharge, reference should be made to Chapter 40 Part 8 Creditors and Liabilities.

Note: [s281; R6.223]


22.43 Post discharge Individual Voluntary Arrangement

Following his/her discharge a bankrupt cannot propose an Individual Voluntary Arrangement in respect of the bankruptcy debts because;
  • an application for an annulment after the approval of a post bankruptcy Individual Voluntary Arrangement can only be made where the debtor is an undischarged bankrupt or had debts which would enable them to petition for their own bankruptcy.
  • the bankruptcy debts are released on discharge and the creditors in respect of those debts will no longer be creditors of the bankrupt. The bankrupt may therefore have no creditors to whom to make a proposal.

(Re: Wright v Official Receiver Medway County Court [2001] BPIR196)

Note: [s253(1)] [s261] [s281(1)]


22.44EA Gazetting and advertising discharge

(updated October 2013)

A discharged bankrupt is entitled, upon receiving a certificate of discharge, to request that the Secretary of State give notice of the discharge in the Gazette and in the same manner as the bankruptcy order was originally advertised (assuming it was, in fact, advertised originally). In practice this is dealt with by the official receiver on behalf of the Secretary of State.  The request should be in writing addressed to the Secretary of State. The costs of such publication are met from the administration fee. The form templates are available in the Case Help Manual part – Publication of insolvency information.

For cases with petitions presented on or after 6 April 2010, the request should be made by the former bankrupt within 28 days from the date of his/her certificate of discharge.

In cases where the early discharge process has been applied, (early discharge does not apply to cases where the bankruptcy order was made on or after 1 October 2013 - see part 2), an order of discharge must not be gazetted or advertised until Form EDNOT has been endorsed by the court and returned to the official receiver.

Notes: [r6.220(2), 6.220(2A) 


22.45EA Income payments orders/agreements post discharge

An IPO or IPA may remain in force and be varied after discharge. (Further guidance is given in chapter 31.7)

Note: [s310(1A), (6) and (6A); s310A(1),(5) and (6)]


22.46 Private examination post discharge

The power of the court to summon the bankrupt to attend for private examination can apply post discharge. (Oakes v Simms [1997] BPIR 499)

Note: [s366]


22.47 Court's power to cause warrant of arrest to be issued post discharge

The power of the court to cause an arrest warrant to be issued can extend beyond discharge. (Oakes v Simms [1997] BPIR 499)


22.48 General control of the trustee by the court post discharge

If the bankrupt, any creditor or any other person is dissatisfied by any act, omission or decision of the official receiver he/she may make application to court. The court may confirm, reverse or modify any act or decision of the trustee or may give them directions or may make such other order as it thinks just. The power to make such application extends beyond discharge (Osborn v Cole [1999] BPIR 251). In practice such applications rarely succeed (Cork Committee Report, paragraph 779)

Note: [s303(1)]


22.49 General control of court post discharge

In Engel v Peri [2002] BPIR 961, it was held that an application made under section 363 was valid subsequent to a bankrupt's annulment. It is likely that the power to make such application also extends beyond discharge.

Note: [s363]


22.50 Duties of bankrupt in relation to trustee post discharge

The bankrupt's duties in relation to the trustee under section 333 to;  

  1. (a) give to the trustee such information as to his/her affairs,
  2. (b) attend on the trustee at such times, and
  3. (c) do all such other things,

as the trustee may reasonably require for the purposes of carrying out his/her functions continue to apply after discharge.

Note: [s333(1) and(3)]


[Back to Part 4 - Suspension of discharge]