Bankruptcy

Bankruptcy should only be considered as a last resort for people who are deeply in debt. While there are situations where it can be useful, in most cases, other forms of debt management would be advisable.

When you declare bankruptcy the restrictions placed upon you are severe (See below).

What are the implications of bankruptcy?

The bankruptcy discharge period usually lasts for 1 year. During this time ...

  • You lose control of your assets. This includes just about everything you own. Some personal possessions, household furniture, clothing, tools of the trade and certain pension entitlements are exempt
  • If you own any equity in a house, this will almost certainly be sold.
  • You will also lose any further assets you acquire during this period.
  • If you own a business, this could be sold and your employees dismissed.
  • If you rent a property with arrears due, your Land Lord could commence a possession action to remove you from the property
  • All fees from the insolvency service, courts and any trustee are taken out of your assets. Bankruptcy can be very expensive.
  • You must allow all of your financial affairs to be scrutinised. If irregularities are found, criminal charges can be brought against you.
  • Certain types of debt can not be written off. These include student loans, fines, maintenance / child support payments, debts from personal injury claims, debts brought about through fraud, and certain other court orders. Once the discharge period is up, you will still owe these debts.
  • Your name will be published in the London Gazette, local news papers and viewable on the Insolvency Service Website.
  • You can not obtain credit over £250
  • You can not act as a company director
  • You can not have any involvement with a limited company (LTD) without prior permission from a court of law
  • You can not trade in any business under any other name unless you inform all the persons and creditors concerned with your bankruptcy
  • You can not practice as an Accountant or Lawyer
  • You may not become a member of parliament or local authority

After the bankruptcy discharge period has ended :

  • You will find it very difficult to obtain credit (e.g. a mortgage) for many years after your debts have been annulled (written off).

What are the advantages of bankruptcy?

  • Debtors typically pay less than with an IVA or Debt Management
  • Removes the uncertainty and stress caused by dealing with numerous creditors

Useful Bankruptcy Links

Wikipedia
UK Insolvency Service

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