What is Bankruptcy

Learn the basics of Bankruptcy and how it applies to you

A quick introduction to Bankruptcy

Bankruptcy is a debt solution designed to resolve your debt problems when you have little or no money to repay your creditors. Once you have declared bankruptcy you won't have to deal with your creditors and any assets you own are shared equally amongst your creditors. Once you have received your discharge then the debts included in your bankruptcy are usually written off subject to some limitations.

It is important you seek professional debt advice before declaring yourself bankrupt. As appealing as bankruptcy may sound, especially if you have high levels of debt, there are some serious implications to bankruptcy that you should be fully aware of before proceeding.

Write off all the Unsecured Debts you can’t afford

Debt free typically in 12 months

Put an end to unsecured creditor phone calls and letters

Debts included in your bankruptcy will be written off. Certain debts cannot be included in bankruptcy such as student loans, secured debts, child support, fines, penalties and some tax debts.

Restrictions last until you are discharged from Bankruptcy, which is usually 12 months from the date the court made you bankrupt.

Once the bankruptcy order has been made, your creditors may not pursue you for your debts.


Advantages

Here are some of the key advantages with going Bankrupt with Bankruptcy Clinic.

Your Bankruptcy paperwork handled for you

Advantage

We take care of your bankruptcy application for you to ensure it is all filled in correctly.

Make a fresh start

Advantage

Once your bankruptcy order is over you can make a fresh start (unsecured debts only).

Money you owe written off

Advantage

All your unsecured debts will be written off and this can be after only one year.

Stop creditor action

Advantage

Your unsecured creditors will have to stop most types of court action to get their money back.


Disadvantages

Unsecured only

Disadvantage

Only unsecured debts can be included in Bankruptcy. Secured debts cannot be included in Bankruptcy and you will have to continue paying your current secured creditor(s) or arrange a new payment arrangement with them yourself.

Your credit rating

Disadvantage

Your credit rating is likely to be seriously affected after bankruptcy. You may find obtaining future credit difficult.

Your profession

Disadvantage

Some professions wont allow you to continue working should you go bankrupt. This will be detailed in your employment contract.

Full disclosure

Disadvantage

Your details will be listed in the Insolvency Register, which people can access on the internet. .


Further Limitations

Despite having a number of benefits, the are some further disadvantages to bankruptcy which should be considered.

If an IPO is issued, you will have to pay some of your surplus income towards your debts for three years.
You are not allowed to obtain credit over £500 without disclosing your bankruptcy.
You will be restricted from being forming a limited company or being a company director.
A record of your bankruptcy will remain on your credit file for the next 6 years.

Essential Reading

Insolvency Service In Debt Guide Insolvency Service Guide To Bankruptcy