Individuals

Duration of, and discharge from, bankruptcyI112

1

The following shall be substituted for Article 253 of the 1989 Order (duration of bankruptcy)—

Duration253

1

A bankrupt is discharged from bankruptcy at the end of the period of one year beginning with the date on which the bankruptcy commences.

2

If before the end of that period the official receiver files with the High Court a notice stating that investigation of the conduct and affairs of the bankrupt under Article 262 is unnecessary or concluded, the bankrupt is discharged when the notice is filed.

3

On the application of the official receiver or the trustee of a bankrupt's estate, the High Court may order that the period specified in paragraph (1) shall cease to run until—

a

the end of a specified period, or

b

the fulfilment of a specified condition.

4

The High Court may make an order under paragraph (3) only if satisfied that the bankrupt has failed or is failing to comply with an obligation under this Part.

5

In paragraph (3)(b) “condition” includes a condition requiring that the High Court be satisfied of something.

6

This Article is without prejudice to any power of the High Court to annul a bankruptcy order.

7

Nothing in this Article applies to a bankrupt who is a solicitor.

2

In Article 254 of the 1989 Order (discharge by order of the High Court)—

a

the following shall be substituted for the heading of the Article—

Discharge where bankrupt is a solicitor

b

the following shall be substituted for paragraph (1)—

1

A bankrupt who is a solicitor is discharged from bankruptcy by an order of the High Court under this Article.

1A

An application for an order under this Article may be made at any time.

3

Schedule 4 (which makes transitional provision in relation to this Article)—

a

shall have effect, and

b

is without prejudice to the generality of Article 250.