Bankruptcy

What is Bankruptcy?

  • Bankruptcy is a means of clearing all debt and is often the course of action when an individual is incapable of paying their creditors.
  • If filing for bankruptcy for the first time, the bankrupt individual will usually receive their discharge a year after the bankruptcy order is issued.
  • Despite the bad stigma associated with bankruptcy, plus the publicity surrounding a bankruptcy order, it is sometimes the best way of clearing debts.
  • An Individual Voluntary Agreement is generally a preferred course of action and should always be considered prior to filing for bankruptcy.
  • You should ensure that you fully cooperate if bankruptcy is brought against you, as a bankruptcy order can still proceed, even if you refuse to accept or acknowledge it.

What will happen if I file for Bankruptcy?

  • Your assets will be shared amongst your creditors.
  • You will become free of all debts and able make a new start.

How are people made Bankrupt?

There are three main ways that people are made bankrupt:

  1. Voluntarily – If a debtor makes the decision to file for bankruptcy.
  2. Involuntarily – If the creditor is owed over £750.
  3. IVA – If you fail to meet IVA agreements.

What are the ramifications of Declaring Bankruptcy?

  • Your assets are seized.
  • You will be denied credit over £250 without special permission from the creditor.
  • You are unable to become a company director.
  • You cannot engage in the formation, promotion or management of a limited company without the court’s permission.
  • You cannot trade in business by any alternative name without informing all those involved in the bankruptcy.
  • You cannot act as a Charted Accountant, Lawyer, Justice of the peace, member of parliament or member of the local authority.
  • Your credit rating will be damaged for years after.

How could Bankruptcy help me?

  • Filing for bankruptcy usually occurs following many years of financial difficulty, uncertainty and stress, and hence, it can provide a great relief from the burden of debt.
  • In many cases, an automatic discharge is provided after one year, or even less in some cases.

When can I call?

  • You can call the bankruptcy helpline any time; 24 hours a day, 7 days a week, 365 days a year.

How can I get help with Bankruptcy?








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