Discharge from bankruptcy and suspension of automatic discharge

At the heart of the bankruptcy legislation is the concept that a bankrupt surrender their estate for the benefit of creditors in return for protection from the claims of those creditors, with essentially a 'line in the sand' being drawn as at the date the bankruptcy order is made.

When a bankruptcy order is made, there are several restrictions that affect the bankrupt and their property. For further reading, see Practice Notes:

  1. The immediate effects of a bankruptcy order on the bankrupt

  2. What assets vest in the trustee in bankruptcy and what steps does the official receiver or trustee in bankruptcy need to take?

  3. The 'three-year rule' in bankruptcy under section 283A of the Insolvency Act 1986

The period of bankruptcy commences the day the bankruptcy order is made and continues until the bankrupt is discharged. The bankruptcy will also come to an end if the order is annulled under section 282 of the Insolvency Act 1986 (IA 1986).

The effect of discharge is set out in IA 1986, s 281—discharge releases

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