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Bankruptsy

For most people Bankruptcy really should be seen as a last resort, but if youre unable to take advantage of any of the other debt solutions available or if they simply do not suit your circumstances it may be the best way out.

The Enterprise Act 2002 came into force on 15th September 2003. It made various changes that reduced the effects of Bankruptcy, including:

• Reduce the number of restrictions that are automatically imposed on undischarged bankrupts and provide for the automatic discharge of nearly all bankrupts after a maximum of 12 months.

• Introduce Bankruptcy Restrictions Orders (BROs) to protect the public and the commercial community from bankrupts whose conduct before and during bankruptcy has been found to be culpable.

• Introduce Income Payments Agreements (IPA) as an administrative alternative to court-based Income Payments Orders (IPO). IPAs will carry the same conditions as IPOs and both will be able to run for a period of up to three years.

• Enable the Official Receiver (OR) to act as nominee and supervisor of new fast-track IVAs begun after bankruptcy order has been made.

• Require the Official Receiver to investigate why a bankrupt failed only where he thinks that this is necessary.

• Limit to three years the period in which a trustee may deal with a bankrupts interest in the sole or principal home of the bankrupt, the bankrupts spouse or a former spouse before that interest revert to the bankrupt.

For many people, bankruptcy is a way of drawing a line in the sand with regards to their debts & although it is never to be seen as an easy way out or an ideal solution, it can serve a purpose in certain circumstances if (and only if) all of the other debt solutions, e.g. IVAs are unsuitable.

If you think that Bankruptcy is your only option, phone me now on 0800 533 5370 & speak to somebody who has just been through it