Bankruptcy

3. Duration of Bankruptcy

The bankruptcy of a debtor starts on the day the bankruptcy order is made and continues until his discharge from bankruptcy which will be as follows:

• (a) By court order in the case of a person subject to a criminal bankruptcy order or who had been an undischarged bankrupt within the previous 15 years
• (b) After 1 year or less if considered appropriate by the Official Receiver. There is a mechanism to enable creditors and or any Trustee appointed to object to the early discharge.
• (c) The Restrictions (or some of them) imposed by Bankruptcy can be enforced up to a maximum of 15 years in other cases.

Where the court is satisfied that an undischarged bankrupt has not complied with his obligations, it may order that the one year bankruptcy period continues to run for a period until certain conditions are fulfilled i.e the non-cooperation has been rectified, or for a further specified period

The court has power to annul a bankruptcy order if it appears to it that the order should not have been made, or that the bankruptcy debts and expenses have all been either paid or secured for to the satisfaction of the court.