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Max Lowry
Max Lowry, Advocate
Category: Bankruptcy Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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Dear sir I was declared bankrupt in 1993 , in 1995 the OR

Resolved Question:

Dear sir
I was declared bankrupt in 1993 , in 1995 the OR applied for an order suspending my discharge from bankruptcy, in 1996 I applied for and received a certificate of discharge,
The insolvency register records my details as still being bankrupt, I have contacted the court for a copy of the certificate of discharge and have been informed that the file has been destroyed , I have contacted the official receiver who has informed me that the file has been destroyed.
The OR has suggested that I apply to the court for a new certificate of discharge and have it back dated, however the court will not issue a new certificate of discharge without the discharge date which is in a file that has been destroyed .
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Max Lowry replied 3 years ago.
Hi, welcome to the site. My name is ***** ***** I will help you with your question. I can see how frustrating this is for you.
The court application suggestion is the best way of dealing with this. I suspect you spoke to somebody on the counter staff or bankruptcy section who is not familiar with such matters. This is something which is less ordinary and needs to go before a district judge to consider. You will need confirmation in writing from the OR that they do not have the file and they have suggested you apply to court. Once you have the information complete and send to court with the OR's correspondence (if possible) form 7.1A. You will be seeking an order that the date of discharge was "x" and the Insolvency Register be updated accordingly. You will need to set out on separate paper why you wish to make the application (the details you have given me). Send everything to court with the fee (check with the court what the fee will be) and keep a copy of what you send. The application will then be passed to a judge who will consider whether the matter needs a hearing or whether it can be dealt with on paper.
I cannot see any other way of doing this. You will require the courts help and the OR's help to resolve this.
Customer: replied 3 years ago.
I have already done this and the court have told me that the details of the order ( which have been destroyed) will be required .
Expert:  Max Lowry replied 3 years ago.
I see. Did you make a formal application to court which a judge considered ?
Customer: replied 3 years ago.
No the court will not accept an application with out the OR stating the discharge date , the OR has destroyed the file along with the certificate of discharge and the order suspending my discharge .
Is the order still in force if the order has been destroyed ?
Expert:  Max Lowry replied 3 years ago.
I know the OR will be unable to provide all the information especially the exact date but you should ask it to provide as much information as possible to enable you to make the application. The court will be alive to the fact that this happened all a long time ago and much of the information will not/cannot be available. The information from the OR must be in writing.
Generally speaking just because an order is destroyed does not alter it's validity. In your case though it is not only rare but I would say impossible for a bankruptcy order to be in force for so many years. This is clearly a case of an administrative error which I must say is not all uncommon.
Customer: replied 3 years ago.
Can I sue the OR for defamation or any person that acts on the information on the insolvency service web site .
The web site states that the info should not be relied upon .
Expert:  Max Lowry replied 3 years ago.
First of all the website has a disclaimer which tells anybody looking at it that information contained on it may not be reliable. Usually you would need to show that you suffered a loss as a result of the information which somebody relied upon. Also, You may have difficultly suing the OR as he is an officer of the court and could be immune from being sued - don't forget the disclaimer on the website could be enough to offer protection. You will find that credit reference agencies will probably not have your bankruptcy registered against your name. The entry should have dropped off after 6 years.
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