In Official Assignee v Spencer, Mr Spencer's bankruptcy period was extended from three to six years due to his conduct and failure to comply with his obligations under the Insolvency Act 1967 (Act). 

Mr Spencer was adjudicated bankrupt for the second time in August 2007 and was due to be discharged from bankruptcy in 2010.  However, the Official Assignee objected to Mr Spencer's discharge and asked the Court to exercise its discretion and decline to order the discharge.

The relevant factors the Court examined were the interests of the bankrupt, the interests of the creditors, the public interest, commercial morality, the conduct of the bankrupt and the general public interest that a bankruptcy should not endure indefinitely.

The Court found that Mr Spencer's conduct and failure to comply with his obligations under the Act had consistently delayed the Assignee in carrying out their obligations and created further and unnecessary expense.  As a result, the Court denied Mr Spencer's discharge order, extending the term of his bankruptcy by a further three years to July 2013.

See Court decision here.