What is Personal Bankruptcy?
Personal bankruptcy is a formal legal process that allows individuals who cannot pay their debts to have those debts written off and make a fresh start. In England and Wales, bankruptcy is governed by the Insolvency Act 1986 and administered through the Insolvency Service.
When you are made bankrupt, an Official Receiver is appointed. Creditor contact stops immediately. The Official Receiver investigates your financial affairs and takes control of your assets. Once you are discharged from bankruptcy – typically after twelve months – the remaining unsecured debts are written off and you are free to start again.
The key features of personal bankruptcy are:
- Most unsecured debts are written off on discharge, typically after twelve months
- Creditor contact, enforcement action, and bailiff visits stop immediately
- You can continue working and trading in most cases during the bankruptcy period
- Certain debts – including student loans, child support, and some court fines – are not written off
- Bankruptcy is recorded on your credit file for six years from the date of the order
Ready to understand your options?
What Happens to Your Home and Assets?
This is the question most people ask first. The answer depends on the nature and value of your assets.
Your home
If you own a property, the trustee will assess its equity. If there is no equity – or the equity is minimal – the property may be left with you. If there is significant equity, the trustee will look to realise it for the benefit of creditors. Many people are surprised to find their home is less at risk than they feared. We will give you a clear assessment of your specific position during the Clarity Consultation.
Your car
A vehicle of reasonable value needed for work is generally protected. High-value vehicles may be at risk. We will advise you on your specific position.
Your income
You keep enough income to meet your reasonable domestic needs. If your income is above that threshold, you may be required to make contributions. Your ability to work and earn is not affected by bankruptcy in most occupations.