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Sparkle83
Junior Member
258 Posts |
 Posted - 17 August 2009 : 16:49:27
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how long was it between your EDREV arriving and your actual discharge date?
what happens if creditors object?
Weeks of BR
****5****10****15****20****
(EDREV received and returned at exactly 24 weeks)
25****30****35****40****45****50** |
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 17 August 2009 : 17:02:07
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Hi
I have heard it is around 4 weeks.
If creditors object then they don't give you the early discharge you have to wait for automatic. But it would be rare for the usual consumer creditors to object.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 17 August 2009 : 18:23:48
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I've heard that if you use a credit card for your BR fee (i.e. withdraw the money out and then declare BR a day or two later) then this may cause the creditor to object although I don't know how true this is.
You only need 1 creditor to object as well; it's not a majority vote.
I'm sure you will be fine and receiving the EDREV at 24 weeks is pretty good. |
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Sparkle83
Junior Member
258 Posts |
Posted - 17 August 2009 : 18:23:50
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can personal creditors object just because they're annoyed/feeling spiteful, or do they have to have proper justification?
Weeks of BR
****5****10****15****20****
(EDREV received and returned at exactly 24 weeks)
25****30****35****40****45****50** |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 17 August 2009 : 18:28:42
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Chapter 22 of the Technical Manual has these details:
After giving notice to creditors and any insolvency practitioner trustee, the official receiver must await the expiry of 28 days and then check whether any objections have been received. In some cases, it is possible that the objection will be sent to OR Banking Section with an objection to the granting of the official receiver’s release as trustee.
If no objections have been received then, after waiting a further 7 days to allow for any late objections,the official receiver must file in court 2 copies of Form 6.82 (form EDNOT) stating that the investigation of the conduct and affairs of the bankrupt is unnecessary or concluded. The court will endorse each copy with the date of filing and return one copy to the official receiver. The official receiver must send a copy of the endorsed EDNOT to the (former) bankrupt.
22.15EA What is a valid objection to early discharge?
A valid objection is one which would result in the official receiver changing the decision about whether further investigation or enquiry into the conduct and affairs of the bankrupt is necessary. For example, a creditor may provide previously unknown information which identifies undisclosed assets, liabilities or misconduct on the part of the bankrupt which contributed significantly to the cause of the bankruptcy.
From the above it looks like the discharge date is at least 35 days - 28 for the initial wait and then an additional 7 in case of any late objections. |
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Sparkle83
Junior Member
258 Posts |
Posted - 17 August 2009 : 18:47:10
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have just found that, but thanks loads.
Yeah, looks like 35 days from them sending out the letters, so could be by the end of september :D
That file says that if the objection is due to using credit for fee (440 of ours was OD, but we'd been livivng in it for nearly a year!) then the OR should disregard it as it isnt a serious enough issue.
Weeks of BR
****5****10****15****20****
(EDREV received and returned at exactly 24 weeks)
25****30****35****40****45****50** |
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CMJ
New Member
96 Posts |
Posted - 18 August 2009 : 18:21:01
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Hi
We have been waiting since mid june still no news I reckon they are just unindated.
Which is why its tasking longer than 6 weeks!!
Michelle |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 18 August 2009 : 18:34:53
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Keep checking on the Insolvency Register to see if it is showing on there.
When it does, print off the discharge as you may need it in future, and if you have to request a proper copy, it will cost you.
The glimmer gets brighter all the time
Jan
xx |
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hadenuff
Starting Member
43 Posts |
Posted - 19 August 2009 : 00:08:32
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| Sent mine back 1st May. Phone call almost straight away from examiner to go over EDREV form and never heard anything again. Still not discharged. Have been told it doesn't always happen and a lot of people who are sent EDREV still do the full 12 months. |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 19 August 2009 : 17:35:19
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I can only reiterate that you should keep on checking the register.
You could also ring the OR's office to see if you are going to get ED.
The glimmer gets brighter all the time
Jan
xx |
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Topic |
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time between EDREV and ED?
