Part 10

Insolvency

Individuals

Duration of bankruptcy
256
1
The following shall be substituted for section 279 of the Insolvency Act 1986 (c. 45) (duration of bankruptcy)—

Duration
279
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 court a notice stating that investigation of the conduct and affairs of the bankrupt under section 289 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 court may order that the period specified in subsection (1) shall cease to run until—
a
the end of a specified period, or
b
the fulfilment of a specified condition.
4
The court may make an order under subsection (3) only if satisfied that the bankrupt has failed or is failing to comply with an obligation under this Part.
5
In subsection (3)(b) “condition” includes a condition requiring that the court be satisfied of something.
6
In the case of an individual who is adjudged bankrupt on a petition under section 264(1)(d)—
a
subsections (1) to (5) shall not apply, and
b
the bankrupt is discharged from bankruptcy by an order of the court under section 280.
7
This section is without prejudice to any power of the court to annul a bankruptcy order.
2
Schedule 19 (which makes transitional provision in relation to this section)—
a
shall have effect, and
b
is without prejudice to the generality of section 276.