Paragraph 4 General rule for discharge from pre-commencement bankruptcy

England and Wales

(1)

A pre-commencement bankrupt is F1, subject to sub-paragraphs (2) and (3), discharged from bankruptcy at whichever is the earlier of—

(a)

the end of the period of one year beginning with commencement, and

(b)

the end of the relevant period applicable to the bankrupt under section 279(1)(b) of the Insolvency Act 1986 (duration of bankruptcy) as it had effect immediately before commencement.

(2)

An order made under section 279(3) of that Act before commencement—

(a)

shall continue to have effect in respect of the pre-commencement bankrupt after commencement, and

(b)

may be varied or revoked after commencement by an order under section 279(3) as substituted by section 256 of this Act.

(3)

Section 279(3) to (5) of that Act as substituted by section 256 of this Act shall have effect after commencement in relation to the period mentioned in sub-paragraph (1)(a) or (b) above.

Annotations

Textual amendments

F1: Words in Sch. 19 para. 4(1) inserted (15.9.2003) by The Enterprise Act 2002 (Insolvency) Order 2003 (S.I. 2003/2096), art. 3