Bankruptcy is a legal process for those who can no longer afford to pay back their debts, this can be proposed to the court even if you owe as little as £750.
After the proposal has been accepted, a Bankruptcy Trustee is assigned to sell your assets and distribute the funds accordingly. Once this process starts, creditors can not process any further claims against your current debts.
There are a number of options to be considered before bankruptcy. This includes IVAs, which can write off a substantial proportion of your debt and you pay a monthly amount over 60 months. Debt Management Programmes may also be a suitable option.
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There are many implications connected with Bankruptcy which can be easily disregarded, as bankruptcy can be seen as the ‘easy’ way to write off your debts.
It has a strong social stigma attached, as all your details will be published in your local newspaper and available online. It will be very difficult to apply for future credit, and some career opportunities will be hindered.
Once your Bankruptcy Order is approved, all your assets will become the possession of your Trustee who has the authority to sell them to pay back some of your debts, which is done without your consent.
This means that you may lose high value assets such as jewellery and shares. You will only be able to keep basic household amenities and tools associated with your employment. You might be able to keep your car if it can be shown to be essential, but you might have to trade it in for something cheaper and hand over any surplus.
If the Trustee determines that you have a surplus monthly income, then can apply to court for an Income Payments Order which forces you to pay a monthly sum for 3 years.
Yes as your home may have to be sold to help pay off your debts.
It depends on the sector of your employment. If you are a member of a professional body then you may have to resign, but check your Terms of Employment which should detail more information.
Although bankruptcy clears off most of your debts, there are still those which are not written off, including:
Bankruptcy ensures all your creditors will all get paid fairly, although this happens in acertain order in:
If you petition for your own bankruptcy then you will have to pay a £150 court fee and a £355 deposit towards the Official Receivers.
No, all your bank accounts will be closed and any money will go towards paying your creditors. You will only be allowed to open a new bank account with permission from your Trustee. With a joint bank account then half of the account funds will be taken.
Yes, your details are placed within the public domain on the bankruptcy register as well as being published in your local newspaper. Anyone you are financially connectied with, such as your mortgage company, will also be notified
Yes, there is a process which releases you from the bankruptcy order.
Once your order has come to County Court, you will be given a hearing date which you must attend. This will involve a number of detailed analyses regarding your financial status, ending with a decision on whether or not your bankruptcy will be granted.
If you have not been declared bankrupt before, then the average period is 12 months.
Yes, however the minimum bankruptcy discharge period will then be 5 years, and may continue for 15 or more. It is much better to look into alternatives before you declare yourself bankrupt again.
Yes, unfortunately your Trustee will have the ability to take your home no matter what your personal status, unless your partner can purchase your share of the equity.
Any pension payments during your bankruptcy order will be considered as an income meaning that they will be paid to the Trustee.