Skippy
I think that there is confusion in the interpretation of these paragraphs. Generally a BRU or BRO is accompanied by an application for a suspension on discharge, which I accept is a separate procedure, but they do go hand in glove. It is very unlikely that someone subject to a BRO or BRU would not have a suspension of discharge running alongside for the duration of the order or undertaking.
Suspension of discharges are usually given where the bankrupt fails to co-operate with the OR, there are known bankruptcy offences or reckless use of creditor money during the period leading up to the bankruptcy order.
BRUs and BROs were introduced with the Enterprise Act, to stop delinquent bankrupts from getting away with a one year discharge. Even if the OR was not to apply for a suspension of discharge - the bankruptcy's name and details of the offences is still held on the Register, with the same restrictions, so the issue of "discharge" is a bit of a nonsense in any case.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp
See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
