If you break bankruptcy rules or do anything dishonest or reckless you could get a Bankruptcy Restriction Order (BRO).
Bankruptcy rules usually last for a year. But a BRO can increase how long the rules last for (for between 2 and 15 years).
How you could get a BRO
You could get a BRO if you:
- break bankruptcy rules
- do not cooperate with the trustee in any way
- have been dishonest or reckless (before or during the bankruptcy)
Dishonest or reckless behaviour
- giving away assets or selling them for less than their value
- borrowing money you know you cannot repay
- giving false details to get credit
- deliberately paying off some creditors over others
- being unreasonably extravagant
- failing to keep or show records to explain a loss of money or property
- fraud or fraudulent breach of trust
- increasing debts by neglecting business issues
- not supplying goods or services that have been paid for
- carrying on a business when you knew or should have known you could not pay your debts
- not supplying accurate information to get a certificate for sequestration
This is not a full list. You could get a BRO for anything the trustee thinks is dishonest or reckless.
If the trustee feels you’ve been dishonest they can report you to Accountant in Bankruptcy (AiB).
AiB will look at any evidence and decide if you should get a BRO.
A BRO can last between 2 and 15 years. AiB or a sheriff court can make a BRO.
BRO restrictions will stay in place even after you’re discharged from bankruptcy.
You’ll break the law if you do not follow a BRO. You could get a fine, go to prison or both.
BROs and the Register of Insolvencies
AiB records the restrictions on the Register of Insolvencies. They can show for up to a year from the date:
- of trustee discharge (4 years after bankruptcy is awarded for most people)
- the BRO ends
The latest date applies.
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