Bankruptcy Restriction Orders

 

Bankruptcy Restriction Orders (BROs) are intended to protect the public from dishonest or otherwise culpable bankrupts, after they have been discharged from bankruptcy.

BROs

BROs are made by the court when the court is satisfied that it in the public interest to do so, for example when the bankrupt has failed to keep records or when they have disposed of assets in order to protect them from being used by the trustee in bankruptcy to pay creditors.

Bankruptcy Restriction Orders are issued for a number of reasons but generally because the bankrupt has either acted in a dishonest way or in a way as to contribute to knowingly making their situation worse.

Examples of conduct that can lead to a BRO include:

 

  • Incurring more debt knowing you cannot pay the money back
  • Selling assets for low value or even giving them away to avoid lenders acquiring them
  • Giving family or friends priority when settling debts above banks or other lenders
  • Spending extravagantly, gambling or making silly decisions with your money
  • Neglecting your business or work so that your debts increase
  • Fraudulent behaviour
  • Carrying on trading or conducting your business when you knew you were insolvent

A Bankruptcy Restriction Order will last between two and fifteen years depending on the level of dishonest conduct by the bankrupt.

BRUs

The bankrupt may decide to offer the trustee in bankruptcy a Bankruptcy Restriction Undertaking (BRU) as an alternative to going to court.

Bankrupts subject to BROs or BRUs are not allowed to do various things, such as:

  • Obtain credit over a certain limit without disclosing that they are subject to a BRO
  • Trade in a name other than that under which the individual was made bankrupt
  • Work as an insolvency practitioner, a company director or a Member of Parliament

You are obliged to inform the Official Receiver if you come into money; for example, you are left some inheritance. You must also inform them if you change jobs or your level of salary changes.

When you are no longer bankrupt, these restrictions will no longer apply. It is always advisable to seek the legal advice of a professional to protect your future interests.

Looking for a bankruptcy lawyer? Visit our information page on how to use a bankruptcy lawyer.

Has the court issued a BRO/BRU against you? Do you need advice on how to deal with it or get it lifted? Contact Law can put you in touch with a bankruptcy law specialist solicitor with a high level of experience in dealing with these matters. Please call us on 0800 1777 162 or complete the web form above.

Call
0800 1777 162
or fill in the form
Our trained advisor contacts you
Your chosen specialist solicitor calls you
Quick enquiry form
Area of law:
Name:
Town/City:
Email:
Phone:
What our clients say about us
"This was the first time I've been to court, which was a nerve-racking experience for me. However, I felt very prepared, I understood my case and representation - this was down to you."
Gavin, criminal motoring, Oct 15
"Your service, and the prompt call back from your recommended firm was very good. I would not hesitate to call again or recommend your service."
Ian, employment law, Truro, July 15
"The firm were excellent, could not have been better! They are exactly what I need right now."
Linda, criminal defence, Thames Ditton, Jul 15
"Your contact and service was immediate and utmost professional, 10/10."
TF, conveyancing, Dudley, Jun 15
"I appreciate the service that you provide. I found you to be courteous, efficient and reassuring at a time when my confidence in justice is completely negative."
Patrick, litigation, Pontypridd, Jun 15
"I cannot tell you how much I appreciate the speed of which you came back to me in. If anyone else can benefit from your help like I have done, it would make my day."
Gail M, family law, Potters Bar, Jun 15
"Your assistance was extremely helpful. Particularly to someone who in 40 years of business has never experienced this sort of issue."
TD, commercial litigation, Galashiels, Apr 15
"It is difficult to express the value Contact Law has to someone like me who had very little understanding of the law and how to proceed forward with my case. Thank you for the service you provided."
AE, defamation law, Worthing, Apr 15
"Thank you for the efficient service I received. I was contacted by your solicitor on the same day as my request. Your quick response to my situation made me feel secure."
AN, employment law, London, Apr 15
"Your service was excellent, very fast and informative. I never got the impression of being pressurised at all. The solicitor you recommended was also excellent – very knowledgeable and supportive."
JHD, Motoring law, Liverpool, Apr 15
Contact Law supports the endeavours of STAE and commends all the work they are undertaking to assist in the plight of the Asian Elephant

 

We use cookies on the Contact Law site to help us improve it.

If you would like to allow our cookies, please click 'Continue' or carry on browsing. For more information on cookies and how to change your settings, click 'More info'.