Debt Consolidation Explained >> Debt Consolidation >> Bankruptcy >> After Bankruptcy

After Bankruptcy

You will usually be discharged (your bankruptcy ends), after 12 months, but if the Official Receiver files a notice in court before that time to say that he has concluded his enquiries into your affairs, then you will be discharged when the notice is filed.

You will normally get your discharge automatically even if no payments have been made to your creditors. If you are discharged automatically, you do not have to do anything to get your discharge.

The court will check with the Official Receiver that you are entitled to an automatic discharge. You should receive a certificate confirming your discharge within about 4 weeks.

A fee of £60 is payable to the court for issuing a certificate of discharge. You can also ask for the Official Receiver to advertise your discharge, but you will have to pay the costs of this before it is done.

Following your discharge you will be freed from most debts that you incurred before the bankruptcy order. You will be able to obtain credit without having to mention your bankruptcy (unless you are specifically asked to do so) but will need to ensure that you can repay it. The debts you are not freed from include any debts incurred after the bankruptcy order and any court fines.

Any assets that the Official Receiver or the trustee held or claimed during your bankruptcy remain under the control of the Official Receiver or the trustee. They are not returned to you on discharge. It may be some time after your discharge before all your assets, such as your home, are dealt with.

After discharge you can carry on a business without the restrictions that applied during your bankruptcy. You can act as a director of a limited company or be involved in its management (unless you are subject to a separate disqualification order).

The Individual Insolvency Register contains records of bankruptcy orders and individual voluntary arrangements in England and Wales. The record of your bankruptcy will remain on the register for 3 months after the date of your discharge.

Bankruptcy petitions and orders are registered at the Land Charges Department of HM Land Registry. These entries remain on the register for 5 years from the date of registration.

The Official Receiver does not send any form of notice to credit reference agencies. The agencies pick up information from other sources such as advertisements of bankruptcies in newspapers. If no advertisement of your discharge from bankruptcy or the annulment of the bankruptcy order is made, you will have to provide separate information to credit reference agencies to amend their records.


Debt Consolidation Explained contains general information only. We strongly advise you to seek qualified professional advice before taking any action.

 

 

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