Keenan and Riches’BUSINESS LAW

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undervalue and making preferences and trading while
insolvent.


Effects of a BRO


The effects are much the same as an extension of the
period for automatic discharge so that for the currency
of a BRO (which can be any period between two years
and 15 years) the person subject to the BRO cannot,
e.g.:


■act as a company director;
■obtain credit above a specified limit without disclos-
ing the existence of the BRO;
■trade in a name other than the name under which he
or she was made bankrupt.


Interim BRO
Where the bankrupt is likely to obtain an automatic dis-
charge before the hearing of an application for a BRO, the
court may make an interim BRO pending a full hearing
of the application.

Bankruptcy restriction undertakings
(BRU)

Under this procedure a bankrupt can agree the terms
of a bankruptcy restriction undertaking with the Official
Receiver after offering the Official Receiver such an under-
taking. The Official Receiver is not obliged to accept the
undertaking in the terms offered. The rules and duration
of a BRU are as for those of a BRO.

Part 2Business organisations


110


Figure 5.1The personal insolvency of Fred Smith: an outline of the main Insolvency Act 1986 procedures

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