OA contact with Bankrupts? 29th July discharge date approaching

Hi TLO,

Thank you for your informative post yesterday. My court date has been adjourned until further notice. And i believe the courts will be closed until October. Can you or anyone else tell me will i still be automatically discharged on July 29th and will i still be paying an IPO or IPA as i am now or can i stop paying once i have my July's IPA paid until i hear back from OA. Am i legally entitled to continue paying even thought i haven't consenting to anything.

Thanks again to you and everyone on this forum for all the help.

That's unfortunate. It goes against the whole spirit of a fresh start if they adjourned your case indefinitely.

Your situation seems quite complex, you should get legal advice. I think it would be entirely reasonable to miss an IPA payment so you could afford a legal consultation.
 
Hi all,

Thanks for all yer great comments and advice.

In answer to a question by Matthew. Who would you recommend getting legal advice from?. A PIP, a solicitor or someone that knows both. Have rang 2 PIP's for advice and just made to feel like dirt on the soles of their shoes. Felt demoralised to be honest. This is heartbreaking enough to have failed at things in your life without people that are supposed to help us see a better way forward in our situation.

Maybe I would be better treated if I were a businessman owing millions and as I see from an irish times article today about a bankrupt developer and wife in court yesterday owing 100 million and only being asked to pay an IPO of €680 per month. Im sure like me there are ordinary people that bought houses or a house in my situation that are paying orders that amount of higher.

Its tough justice.
 
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In answer to a question by Matthew. Who would you recommend getting legal advice from?

I wouldn't get too caught up on comparing what's happening to others. Focus on yourself, everything else is outside your control.

Jim Stafford is a regular contributor here and could probably advise you. Worth a call. http://www.frielstafford.ie/

If you want to speak to a solicitor perhaps Bill Holohan could give you advice. http://www.holohanlaw.ie/

I've no connection to either other than having a consultation with Jim many years ago and know someone who speaks very highly of Holohan.
 
I would also be in favour of Going forward getting legal advice. And Matthew's suggestion of using an IPA payment to pay for it is a good one. Legal fees could be considered a Reasonable Living Expense. Just wait until after 29 July before rocking the boat.

And to answer Matthew from Post #41, after discharge the OA can still enforce an IPA but the OA's position becomes similar to that of an unsecured creditor, e.g. a credit card company. He can still ask a judge to make an order, but he can't threaten to extend the discharge period as the former bankrupt is no longer bankrupt.
 
Hi guys, this thread is great..it's very hard to find any info on the upcoming discharge. My question is this. I currently have an IPO, running until 2019! Under the new laws-IPA lasting 3 years from date of adjudication, will this also apply to IPOs? I know I would need to go to court to amend this but wondering if I would even be entertained?

Great question, and it seems reasonable to ask the court to adjust the length of your IPO to 3 years. But this is one where you need legal advice from a firm with experience representing clients in the High Court on bankruptcy matters. Matthew Moore has made two recommendations, both PIPs, in an earlier post.
 
Hi Matthew,

Thanks very much for both names. Very much appreciated.

No im not getting caught up at all with others happenings. Sorry if it seems that way. Im o.k the way im going, have my kept my nose clean, complied with everything and just really got on with it. Just counted down each month as it happened.

Just in limbo now as to know on discharge (fingers crossed) 29th do i continue paying over IPA as norm as i haven't consented to the IPO letter sent to me by OA and then my case was adjourned. Have been reading on this forum which is most helpful that afer discharge i can see appeal to a judge for a reduced amount going forward or maybe no amount at all.

Thanks again for your help.
 
Hi all,

Just had a call from the ISI confirming my home address for the issuing of the Bankruptcy completion certificate.

T - 17 days :)
 
Hi all,
Went bankrupt 14th July 2015 and due to be discharged on the 29th July 2016,
Haven't had any communication from OA since last October when I moved,
I had a IPA for 1 month and moved to a house with higher rent so wiped out the IPA,
Just wondering can they come looking for money after the 29th if my circumstances change in the future or do I have to notify them of changes after the 29th.
Only asking as the IMHO says if you don't make any payment in the first year they can't look for one after that.
 
Morning all,

Congrats to everyone on receiving documentation for discharge yesterday from the ISI. Not long to go now. Such a relief.

Has anyone received correspondence regarding an IPA/ IPO from the OA to be put in place after discharge for remainder of your term.

Thanks and best of luck to all.
 
Morning all,

Congrats to everyone on receiving documentation for discharge yesterday from the ISI. Not long to go now. Such a relief.

Has anyone received correspondence regarding an IPA/ IPO from the OA to be put in place after discharge for remainder of your term.

Thanks and best of luck to all.

I haven't received anything is this a bad sign?
 
I haven't received anything is this a bad sign?
Hi Ciara, No would be the short answer. it seems people only started getting contacted this week, considering that there are around many hundreds of people to exit on the one day it could take into next week to get to everyone. I have not been contacted yet either.
 
I haven't received anything is this a bad sign?

There are only two options from here
Automatic Discharge on 29th
or
OA goes to High Court to seek an extension for non cooperation

Nothing else, it's one or the other.

If you have been cooperating then I'd say there is no cause for concern whatsoever.

Furthermore if the OA has had reason to believe you have not cooperated they would surely have raised it by now and also would surely have informed you or your court date.
 
Great question, and it seems reasonable to ask the court to adjust the length of your IPO to 3 years. But this is one where you need legal advice from a firm with experience representing clients in the High Court on bankruptcy matters. Matthew Moore has made two recommendations, both PIPs, in an earlier post.
Thanks for your reply,
 
..if you don't make any payment in the first year they can't look for one after that.
From my research, that seems to be the case. I.e. if no IPA in place prior to discharge then no more payments ever.. to your previous creditors.

Hence, my present scramble to get beneath the RLE's before I go bankrupt later this year..
 
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