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I was adjudicated bankrupt in 2012 but as yet haven't been…

Customer Question
I was adjudicated bankrupt...

I was adjudicated bankrupt in 2012 but as yet haven't been discharged. I have told that the Official Assignee hasn't received a statement of position and nothing has really happened since 2012. I had sent a statement of position at the time of adjudication and have waited patiently since.

Lawyer's Assistant: What state are you in? And has anything been officially filed?

I thought it had been but now am unsure. This really worries me and I really don't know what to do.

Lawyer's Assistant: Has anything been filed or reported?

I completed the document that I received at the time and sent it to the assignee as required. But upon contacting earlier this year, expecting I would be discharged they advised that nothing has happened.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I find this very hard to deal with as it completely overwhelms me. It was a very difficult time back then and things now are better but having to deal with this again completely terrifies me. Thank you.

Submitted: 5 months ago.Category: New Zealand Law
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Answered in 1 hour by:
11/16/2017
Solicitor: Chris The Lawyer, Lawyer replied 5 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,547
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Solicitor: Chris The Lawyer, Lawyer replied 5 months ago

The Insolvency Act says that bankruptcy starts from the time that the Official Assignee receives the statement of affairs. It then goes for three years which means that normally you would be automatically discharged in 2015. If you have a copy of the statement of affairs which you sent and the covering letter or email, but it appears that the Official Assignee either has lost the document or never received it, this may be helpful to apply for discharge. Under section 390 Of the Insolvency Act you get an automatic discharge three years after sending the statement of affairs. If there has been some mess up then my suggestion is that you should send the statement of affairs again, and ask if you can apply for the discharge. This does require an application to the High Court, as otherwise once they have the statement of affairs you would have to wait another three years. My suggestion would be to see if they would consent to an early discharge once they have the statement of affairs. I am surprised they have not chased you up for this, but somehow your case file appears to have been overlooked

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Solicitor: Chris The Lawyer, Lawyer replied 5 months ago
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