47. Discharge
Source: gov.uk (2025-08-26)

Discharge from bankruptcy, including suspending a bankrupt's period of discharge in cases of non-cooperation

Automatic discharge from bankruptcy

47.1 Duration of bankruptcy

A bankrupt is automatically discharged from bankruptcy one year from the date of the bankruptcy order [Section 279] except where;

a) the official receiver or the trustee applies to the court to suspend the discharge period and the court orders that discharge period shall be suspended.

b) The bankrupt was subject to a criminal bankruptcy order and therefore an application for discharge is required. - [note: criminal bankruptcy orders were abolished on 3 April 1989]

47.2 The effect of a stay of proceedings on the discharge period

Where a stay of proceedings is granted the status of the bankrupt is unaffected. The bankrupt remains subject to the disabilities of bankruptcy and the discharge period continues to run. The official receiver should resist a stay of proceedings of indefinite length and where such a stay is granted ensure the bankrupt is still required to co-operate with the official receiver. Where there is concerned as to the ongoing length of the stay and the effect it is having, or might have, on the conduct of the bankruptcy proceedings, the official receiver should seek the directions of the court [rule 13.4] and request a suspension of the discharge period. Where the stay of proceedings is being prolonged and the bankrupt has failed to co-operate, the official receiver should make application as early as possible, to ensure sufficient time to apply for a suspension of the discharge period. For more information see “Suspension of discharge” below.

47.3 Investigation not compulsory

The official receiver is not under a duty to investigate the conduct and affairs of a bankrupt in a case where they consider it unnecessary [Section 289(2)].

47.4 Bankruptcy restrictions orders/undertakings and discharge

If the official receiver makes application for a bankruptcy restrictions order (BRO) or accepts a bankruptcy restrictions undertaking (BRU) then the bankrupt will still be discharged one year from the date of the bankruptcy order but will be subject to the restrictions imposed under the terms of the BRO/BRU.

47.5 Second time bankrupts and bankruptcy restrictions orders/undertakings

Where a discharged bankrupt is subject to a second or subsequent bankruptcy they will be automatically discharged from the second/subsequent bankruptcy one year from the date of the bankruptcy order.

In determining whether an application for a BRO is appropriate, or whether to accept a BRU, the court or the official receiver, will consider whether the bankrupt was an undischarged bankrupt at some time during the period of 6 years prior to the current bankruptcy order.

A previous failure is not listed in the grounds for a BRO application [Schedule 4A para 2(3)] but is a matter for consideration when making an application. The official receiver cannot therefore make application for a BRO solely as a result of a previous failure. There needs to have been unfit conduct in respect of the current bankruptcy before an application is made. If it can be shown that a bankrupt has failed to learn from previous mistakes, the court may take this into account when making a BRO and make it for a higher period. In all cases where there has been a previous failure, the BRO application should draw the court’s attention to that fact. Where there was no unfit conduct in the previous case this should be clearly stated. Where the previous failure also had unfit conduct, that conduct should be set out to inform the court’s decision as to the appropriate period.

For further information on second or subsequent bankruptcies see chapter 55. For further information on BROs see the Enforcement Investigation Guide

47.6 BROs/BRUs and discharge

If the official receiver makes application for a bankruptcy restrictions order (BRO) or accepts a bankruptcy restrictions undertaking (BRU) then the bankrupt will still be discharged one year from the date of the bankruptcy order but will be subject to the restrictions imposed under the terms of the BRO/BRU.

47.7 No application for discharge where bankrupt subject to automatic discharge provisions

A bankrupt subject to the automatic discharge provisions cannot apply to the court for discharge. If they wish to have an earlier release from the disabilities of bankruptcy, their only course of action is to apply to have the bankruptcy order annulled [Sections 261, and 282(1)(a) & (b)].

47.8 Repeal of early discharge

The Enterprise and Regulatory Reform Act 2013 (specifically s73 Schedule 21 part 3) came into effect on 1 October 2013 and repealed the early discharge provisions introduced by the Enterprise Act 2002 on 1 April 2004; consequently, there is no statute which permits early discharge.

47.9 Request by former bankrupt for a certificate of discharge

Where a bankrupt obtains an automatic discharge by expiration of time, no order of discharge is made by the court.

If evidence of discharge is requested by a former bankrupt, whether the request is for a certificate (where the bankruptcy order was made by the Adjudicator) or a letter (where the bankruptcy order was made by the court), the debtor should be provided with the email address for the Customer Service Team Enquiry Line (xxx@xxx.xx). If the local office receives a written request, it should be forwarded to the same inbox.

All requests will receive an electronic response where possible. If no email address is provided, the letter will be posted 2nd class. The discharge letter emailed out is a Pdf copy, as this format prevents electronic amendments being made. A copy of the letter will be filed in the case management system.

There is no fee payable. The following information will be required from the bankrupt:
- their full name
- their date of birth
- their National Insurance number
- their postal address at the time of the bankruptcy
- their current postal address
- their current email address
CST are unable to deal with requests:
- where the bankrupt is deceased
- there is no information on the case management system
- the bankrupt wants their discharge advertised in the London Gazette
- where the discharge is still suspended
In the above scenarios, the caller will be referred to the Aftercare Team. If the bankruptcy order was made by the court, CST is unable to issue a certificate of discharge. If a letter is not sufficient the debtor needs to apply to the court for a certificate. There is a fee payable to the court of £75.

47.10 Individual Insolvency Register

An individual will remain on the Individual Insolvency Register for 3 months after the date of discharge. The entry will then be removed [rule 11.17], but details of any BRO/BRU will remain on the Register.

Suspension of discharge

47.10 Suspension of discharge

Where a bankrupt has failed or is failing to comply with the obligations imposed on them by the Act or Rules, particularly where there are any circumstances of non-attendance, obstruction, misinformation, failure to provide required information, delay or other serious misbehaviour on the part of the bankrupt, the official receiver or trustee should consider applying to the court for the running of the automatic discharge period to be suspended [section 279(3)] thus extending the date of discharge beyond the normal period, pending the bankrupt’s full co-operation.

An application for suspension of discharge may be made by the official receiver or the insolvency practitioner trustee. The court shall fix a date and venue for the hearing and give notice to the official receiver, the trustee (other than the official receiver) and the bankrupt [rule 10.142(3)].

47.11 Effect of suspension of discharge on the limitation period

When considering whether or not to apply for a suspension of discharge, the position of creditors with claims in bankruptcy which are provable, but which are not released upon discharge, may need to be considered by the official receiver.

Discharge does not release the bankrupt from their liability to repay certain creditors, such as those with personal injury claims against the bankrupt, or the appropriate benefits provider, where benefit overpayments were made as a result of benefit fraud on the part of the bankrupt (see chapter 43).

Upon the making of a bankruptcy order section 285 imposes restrictions on creditors with provable claims, from taking recovery action against the bankrupt without the permission of the court. These creditors are therefore usually restricted from continuing any action to recover sums due until after discharge has taken place.

In the case of Anglo Manx Group Ltd v Aitken [2002] BPIR 215, it was held that the limitation period on an action for a debt which is not discharged under section 281, continues to run throughout the bankruptcy period. The overall effect of this judgment being that the actions of the official receiver in obtaining a suspension of discharge may ultimately prevent creditors with claims in bankruptcy which are provable, but which are not released upon discharge, from being able to recover sums due to them (see chapter 43).

47.12 Report to court by official receiver

If the official receiver makes an application for suspension of discharge, it should be accompanied by evidence in support setting out the reasons why such an order should be made [rule 10.142(2)]. Where there is an insolvency practitioner acting as trustee the official receiver should seek additional information and evidence from the trustee in support of the application.

Copies of the official receiver’s report must be sent to any insolvency practitioner trustee appointed and to the bankrupt to reach them at least 21 days before the hearing [rule 10.142(4)]. A template letter is available in the case management system for serving the report on the bankrupt, and any trustee in office. A Certificate of Service will need to be completed for each of the parties who have been sent a copy of the official receiver’s report. The insolvency practitioner trustee may attend the hearing and make representations in person.

47.13 Report to court by insolvency practitioner

Where the IP trustee is making the application, they may seek supporting information and evidence from the official receiver.

The IP trustee will send a copy of their report to the official receiver to be received at least 21 days before the hearing [rule 10.142(2)]. The official receiver will consider whether there are any additional matters that should be reported to the court. Where there are such matters the official receiver should attend the hearing.

47.14 Request by an insolvency practitioner trustee that the official receiver make the application

It has been agreed with the Association of Business Recovery Professionals (R3) that from 1 January 2012 the official receiver will, in certain circumstances, apply to the court for the suspension of the bankrupt’s automatic discharge at the request of an IP trustee.

Provided that the official receiver agrees that an application suspending the bankrupt’s automatic discharge ought to be made, the official receiver will make the application where there are no available funds in the insolvent estate and the IP trustee has taken all other appropriate steps to seek the bankrupt’s compliance. For the official receiver to make the application to court the IP trustee will need to:
- prepare a witness statement that complies with the requirements of the Rules setting out the evidence in support of the application [rule 10.142].
- submit the signed and dated witness statement to the official receiver at least one calendar month before the date of the bankrupt’s automatic discharge.
Within three business days of the witness statement being received the official receiver will respond to the IP trustee and confirm whether or not they agree to make the application. If the official receiver does not agree, then the response should summarise why they are not in agreement.

Where the official receiver agrees the official receiver will make application to court, attend court, and present the application. The IP (or an appropriate member of the IP’s staff) will attend court to give evidence if required by the official receiver.

47.15 Bankrupt’s notice denying or disputing official receiver’s or trustee’s evidence

The bankrupt may file a notice in court specifying any statements in the official receiver or insolvency practitioner trustee’s evidence which they intend to deny or dispute at the hearing [rule 10.142(6)].

The bankrupt must file the notice no later than 5 days before the hearing and must send copies of it to the official receiver and any IP trustee no later than 3 days before the hearing [rule 10.142(7)].

47.16 Only conduct in the proceedings relevant

Consideration of an application for suspension of the discharge period [section 279(3)] should only be influenced by the bankrupt’s adverse conduct in the proceedings or with regard to their statutory duty to co-operate with the official receiver [section 291] or trustee [section 333] e.g. to deliver up property, notify after-acquired property [section 307], provide information or to co-operate. Such matters may also represent an offence for which a prosecution report may be considered (e.g. section 358). However, matters of misconduct which do not directly involve failure to co-operate with the officeholder, such as credit offences under section 360, should not form the basis of an application for the suspension of discharge period. Such matters, together with adverse matters arising before the bankruptcy, should only be considered with a view to the possible institution of criminal proceedings.

47.17 Application is made on adjournment of public examination

The official receiver is not required to submit a report to court [rule 10.142(1)] when an application to suspend the discharge period is made orally on a public examination being adjourned [rule 10.104(5)], either because of the bankrupt’s non-attendance or non-co-operation, either at the hearing or in the proceedings generally.

In cases where the bankruptcy petition was presented before 6 April 2010 such an application could only be made where a public examination is adjourned generally. For cases where the bankruptcy petition was presented on or after 6 April 2010, an application to suspend the bankrupt’s discharge can be made following any adjournment of a public examination.

The bankrupt should be warned in the letter sent reminding them about the public examination (see chapter 20) that an application for the suspension of their discharge may be made if they fail to attend the examination.

47.18 Period of suspension

Section 279(3) provides the court may order that the period specified in section 279(1) shall cease to run until:

(a) the end of a specified period; or

(b) the fulfilment of a specified condition

Usually when the official receiver is making the application they would wish to seek suspension of the discharge period for an indeterminate period (Mawer v Bland [2015] BPIR 66] – the suspension would last until the official receiver or trustee confirmed that the bankrupt had full co-operated). In Weir (as trustee in bankruptcy of Claire Elizabeth Hilsdon) v Hilsdon [2017] EWHV 983 (Ch) the court held that this should not be the default option but was only to be used for cases where there had been serious failing by the bankrupt, such as:

a) the bankrupt is guilty of significant non-co-operation, obstruction or dishonesty; and

b) the official receiver or IP trustee is unable, because of the bankrupt’s conduct, to state with any confidence at the hearing of the application what specific information is required to constitute full compliance.

The Judge went on to state that it was not only in the interests of bankrupts but also in accordance with the Enterprise Act 2002 that a bankrupt should be able to tell with some precision when their discharge will take place, so that they can move on with their financial lives. He went on:

“If the case merits a suspension under section 279(3), a suspension for a fixed period, or until some specifically identified condition has been fulfilled, satisfies that desirable aim.”

Neither the Act, nor the Rules specify a minimum or maximum period of suspension for the purposes of section 279(3)(a).

Where a bankrupt’s conduct has been unsatisfactory, but the official receiver forms the opinion that they are genuinely not, and are never likely to be, in a position to provide proper explanations, accounts, etc. the court may feel that a fixed term of suspension is more appropriate. A fixed term may also be appropriate where the bankrupt’s non-co-operation has caused a considerable amount of extra work for the official receiver (e.g. deliberately misleading information or non-disclosure of assets), even though subsequent inquiries may have led to the discovery of all relevant facts, so that suspension until proper disclosure by the bankrupt is not a viable proposition.

When an order had been obtained under section 279(3)(a) suspending a bankrupt’s discharge for a fixed period on the basis of the bankrupt’s failure to co-operate, that does not prevent a further application under section 279(3)(b) for an indefinite suspension until the bankrupt complies with the obligation to co-operate [Harris v Official Receiver [2016] EWHC 3433 (Ch)]

47.19 Wording of order

The order suspending the discharge period should either specify a period of time for which the running of the discharge period will be suspended or one or more conditions to be fulfilled before the running of the discharge period can be resumed [section 279(3)]. The undischarged bankrupt should not be put into the position of not knowing what they have to do to reinstate the running of their discharge period if the suspension is not for a pre-determined period of time.

In cases of complete non-co-operation the official receiver should ask for the suspension to apply until such time as the official receiver is of the opinion that the bankrupt has complied with their obligations under section(s) 291 and/or 333, (as evidenced by a report filed by the official receiver). [Mawer v Bland [2015] BPIR 66]).

Following the judgments Weir v Hilsdon [2017] EWHC 983 (Ch) and [Re Ferster [2022] EWHC 1060 (Ch) the court should always consider whether an order in Mawer v Bland form is really justified on the facts of the case, rather than treating it as the default option. Accordingly, in cases where there has been some cooperation the official receiver must consider tailoring the wording of the suspension order to the circumstances of the case. Rather than simply referring to compliance with sections 291 or 333, the order would specify what the bankrupt is required to do, or provide, for the suspension to be lifted.

47.20 Hearing

The Rules state that all applications to court must be heard in open court unless the court directs otherwise [rule 12.2(3)]. This brings insolvency proceedings in line with the Civil Procedure Rules (CPR) which also state that the requirement for a hearing to be in public does not require the court to make special arrangements for accommodating members of the public [Civil Procedure Rules 39.2]. CPR Part 39 provides guidance as to the circumstances when a court may consider that a hearing should be held in private.

47.21 Copies of order

The court must send copies of the order suspending the discharge period to the official receiver, any trustee who is not the official receiver and the bankrupt.

There have been some cases where the Individual Insolvency Register (see chapter 5) has not been updated following the suspension of discharge where an insolvency practitioner has made the application, but the official receiver has not been notified of either the hearing or the order being made. Although the trustee has made the application, rule 10.142(8) provides that is for the court, not the trustee, to give notice of the hearing to the official receiver. Where the official receiver has not received notification of the hearing or the order the matter should be taken up with the relevant court manager.

Compliance

47.22 Report to court of bankrupt’s compliance

As soon as the official receiver has formed the opinion that the bankrupt has complied with their obligations, they should report that opinion and the date the official receiver formed it to the court. The official receiver may also wish to provide to the court a draft order lifting the suspension of the discharge period. The official receiver should evidence sending the report to the court by completing a Certificate of Service. If the court discharges the order it will issue to the bankrupt a certificate to that effect (see paragraph 47.26).

The submission of a report by the official receiver in cases where the discharge has been suspended under rule 10.104(5) (on the adjournment of a public examination) will avoid the need for further attendance at court to conclude the public examination.

Application by bankrupt to lift the suspension of discharge

47.23 Application by bankrupt

Where an order suspending a discharge period is made and the official receiver has not asked for the suspension of discharge to be lifted, the bankrupt can apply to the court [rule 10.143(1)]. When the court fixes a hearing date the bankrupt must give at least 28 days’ notice of it to the official receiver and any IP trustee appointed, accompanied by a copy of the application [rule 10.143(3)].

47.24 Official receiver or IP trustee’s evidence

The official receiver and any IP trustee may appear on the bankrupt’s application [rule 10.143(4)]. They may, either in addition to or instead of appearing, file in court evidence in support of any matters which they consider ought to be drawn to the court’s attention [rule 10.143(5)]. Where there is any continuing lack of co-operation or misconduct on the part of the bankrupt, the official receiver or IP trustee should file a report and attend the hearing. If the discharge was suspended pending the fulfilment of certain conditions, the court will expect the official receiver or IP trustee to report as to whether those conditions have been fulfilled.

47.25 Copies of report

If a report is filed, copies must be sent by the official receiver to the bankrupt and to any IP trustee not later than 14 days before the hearing [rule 10.143(6]. The official receiver should evidence sending the report by completing a Certificate of Service, once completed a copy of the Certificate of Service should be filed at court. If the bankrupt intends to dispute any statements in the report they must, not later than 5 business days before the hearing, file in court a notice specifying any statements in the official receiver or trustee’s report which they intend to deny or dispute [rule 10.143(8)].

The bankrupt must send copies of the notice not less than 3 business days [rule 10.143(9)] before the hearing to the official receiver and to any IP trustee.

47.26 Certificate of order

If the court discharges the order, it will issue a certificate to that effect, indicating the date when the discharge period begins to run again. The court will send a copy of the discharge certificate to the bankrupt, official receiver and to any insolvency practitioner trustee [rule 10.143(10)].

A successful application by a bankruptcy to lift a suspension of discharge occurred in Becker v Ford [2024] EWHC 1001 (Ch) where the judge reviewed the matters the court should consider. Although there is no legislative discretion for lifting a suspension ordered by the court, the judge considered whether the bankrupt had done all that they could reasonably do to fulfil his obligations to the joint trustees.

Interim order suspending discharge

47.27 Power to make an interim order suspending discharge

In most cases it is anticipated that if a decision is made that a suspension of discharge is required in a case this decision will be made in sufficient time for a substantive court hearing to take place prior to the date of discharge.

There will be occasions when the official receiver or the IP trustee may receive new information regarding the bankrupt’s affairs close to the discharge date which requires further information to be obtained from the bankrupt. If the bankrupt is given the opportunity to co-operate and provide any information or clarification required, and fails to do so, this may necessitate making an urgent application to court for a suspension of discharge.

It may be that following a request to court the substantive hearing date provided is beyond the discharge date or there is simply not sufficient time to give the appropriate notice of the hearing to the bankrupt to comply with the requirements of the Rules. It may be necessary for an interim suspension of the discharge to be sought pending the substantive hearing date. If an interim suspension of discharge is sought, and the bankruptcy proceedings are being conducted in the High Court, a certificate of urgency is likely to be required for a short notice hearing before a specialist Insolvency and Companies Court Judge. If an application must be made very close to the current automatic discharge date, the court has discretion to: (a) shorten (abridge) the period for service of the application, (b) hear the application immediately, with or without notice or the attendance of the parties, (c) grant an interim order suspending the bankrupt’s discharge pending a full hearing. The abridgment point is brought out in the judgment of Paul Allen (as trustee in bankruptcy) v Pramod Mittall (in bankruptcy) [2022] EWHC 762 Ch. It is important if short notice or no notice is to be given or an interim order sought, the bankrupt should be informed of the decision to seek the order, and the bankrupt should be served with the relevant documents as early as possible. No shortcuts can or should be taken in case preparation, evidence, or (without leave of the court) service of papers on the bankrupt with regards to any hearing. The official receiver or IP trustee should bear in mind that any unexplained delay, and without a good reason, in applying for suspension of discharge will be a factor taken into consideration by the court when exercising its discretion with regards to granting an interim suspension of discharge. When making an interim suspension of discharge application to court, which is generally made as part of a substantive suspension of discharge application, it may be prudent to quote within the application the authority of both Jacobs v Official Receiver [1998] BPIR 711 and Bagnall v Official Receiver [2003] BPIR 1080 and state that the application be heard initially without notice. Both of the afore-mentioned cases are supportive of the official receiver obtaining an interim suspension of discharge order.

Post discharge

47.28 Debts not released on discharge

With limited exceptions, on discharge a bankrupt is released from all their bankruptcy debts [section 281] and those creditors will no longer be their creditors. With regard to the debts from which the bankrupt is or is not released on obtaining their discharge [rule 10.146], reference should be made to chapter 43.

47.29 Post discharge Individual Voluntary Arrangement

Following their discharge [section 281(1)] a bankrupt cannot propose an IVA [section 253(1)] in respect of the bankruptcy debts as an application can only be made where the debtor is an undischarged bankrupt or had debts which would enable them to petition for their own bankruptcy [Ravichandran [2004] B.P.I.R. 814].

47.30 Gazetting and advertising discharge

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 [rule 10.144(5)] (. In practice this is dealt with by the official receiver on behalf of the Secretary of State. The costs of publication are met from the administration fee.

47.31 Income payments orders or agreements post discharge

An IPO or IPA may remain in force and be varied after discharge [sections 310 & 310A]. (Further guidance is given in chapter 35)

47.32 Private examination post discharge

The power of the court to summon the bankrupt to attend for private examination [section 366] can apply post discharge. (Oakes v Simms [1997] BPIR 499)

47.33 Court’s power issue a warrant of arrest post discharge

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

47.34 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 trustee they 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 [section 303]. The power to make such application extends beyond discharge (Osborn v Cole [1999] BPIR 251). In practice such applications rarely succeed.

47.35 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.

47.36 Duties of bankrupt in relation to trustee post discharge

The bankrupt’s duties in relation to the trustee under section 333 to:

a) give to the trustee such information as to their affairs;

b) attend on the trustee at such times; and

c) do all such other things,

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