Applying to lift an order suspending discharge from bankruptcy
Produced in partnership with Amit Gupta of St Philips Chambers

The following Restructuring & Insolvency practice note produced in partnership with Amit Gupta of St Philips Chambers provides comprehensive and up to date legal information covering:

  • Applying to lift an order suspending discharge from bankruptcy
  • Coronavirus (COVID-19)
  • What are the restrictions on an undischarged bankrupt?
  • What is the effect of discharge from bankruptcy?
  • Suspending a bankrupt's automatic discharge from bankruptcy
  • Lifting of suspension from discharge
  • What is the process of an application to lift a bankrupt’s suspension from discharge?
  • What factors will the court take into account when considering an application to lift a bankrupt’s suspension from discharge?
  • Who pays the costs of an application to lift a bankrupt's suspension from discharge?

Applying to lift an order suspending discharge from bankruptcy

In certain cases, a bankrupt’s automatic discharge from bankruptcy is suspended by an order of the court. This Practice Note sets out briefly how the bankrupt can apply to court to lift that suspension by discharging the suspension order, the process involved, and the factors that the court will take into account when considering such an application.

This Practice Note does not cover the making of an application to court to suspend a bankrupt’s automatic discharge from bankruptcy, an appeal from an order to suspend a bankrupt’s discharge, or an application for discharge by a bankrupt subject to a criminal bankruptcy order.

Any application to lift the suspension from discharge should first of all be put into context by looking at the effect and consequences that being undischarged means to a bankrupt, and why a bankrupt may want to make such an application at all.

Coronavirus (COVID-19)

This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and processes as a result of the Coronavirus (COVID-19) pandemic, including the Temporary Insolvency Practice Direction 2020. For further information, see Practice Notes: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings and The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021). For related news, guidance and other resources to assist practitioners

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