It can be a very daunting prospect but do you know the full story? Here’s our unofficial lowdown of what you need to know.
Firstly when is it right to consider bankruptcy? We would recommend you visit your local Citizens Advice Bureau to have a discussion with a debt counsellor before doing anything. You’ll get frank and free advice based on your individual circumstances. They should explain the other options you can consider, debt consolidation, debt management and an IVA. You can also read about these in our Debt category. However if you have spiralling debts and no prospect of realistically reducing them via other means bankruptcy could be your best option.
The upside to bankruptcy is that once your order is made at the local County Court and you’ll receive a copy on the same day, you are then protected from your creditors. Should any contact you asking for money, you can show them your bankruptcy order. This will cost you £485 which must be paid to the County Court in cash on the day of your bankruptcy. The cost is a split between the court fee and the official receivers office. More on this later.
Downside. To start with your credit rating will be shot down in flames! Saying that if your debts were already so nasty that you needed to go bankrupt chances are you had defaults and CCJs which would have prevented you from obtaining credit anyway. The difference in bankruptcy is that it is illegal for you to obtain credit of more than £500 whilst within the bankruptcy period. Also officially you must disclose that you are bankrupt. Best just to forget getting credit really! Once your bankruptcy period is finished usually after 1 year, your credit rating will still be impaired because the credit reference agencies will keep the details on file for approx 6 years.
Don’t worry if you need credit urgently for a car etc there are plenty of companies who’ll consider once your bankruptcy is finished. However you will have to pay a higher rate of interest. The other major negative factor to consider is that you are highly likely to lose any assets, property, savings etc that you own now. More on this later. You will also get a tiny mention together with other folks who’ve declared themselves bankrupt in the local paper. Remember if you are self employed and have a business it will almost certainly be closed down so if you are an employer you need to advise any staff you have.
If you are a one man band such as a plumber, electrician etc etc, nobody is going to want to make you unemployed. You will be allowed to keep all of your equipment used for work plus your transport unless it has a large amount of oustanding finance owed on it.
How it’s done then. The first step is to obtain the necessary paperwork from your local County Court and to fill in the necessary information which includes making a list of all the companies you owe money to both secured if applicable to your home and unsecured such as personal loans and credit cards. Bear in mind that if you own your home and have equity within it, you could well have this reposessed meaning you would need to find alternative accomodation. Again take advice on this when visiting the Citizens Advice counsellor. Having completed the paperwork, you need to make an appointment to visit your local County Court to present your bankruptcy. You may well find that they don’t offer appointments and that you’ll have to attend between say 8.00am and 11.00am. Busier courts work in this fashion.
One point when listing the creditors, you only need list the company dealing directly with the debt. For example, you owed 3K to a credit card company, they then sold your debt to a collections company. When completing the bankruptcy paperwork list the collections company as the source of the debt, and perhaps under this the name of the original creditor. It is not necessary to list every debt collections agency who have written to you about the same money. When the official reciever writes to your creditors informing them you have become bancrupt, these other companies should be informed by them.
Bankrupty Court Procedures
As previously mentioned it is not always necessary to make an appointment with your local County Court to make a bankruptcy declaration. Some busy courts will simply advise you to attend between 8.00am and 10.00am for example. Do check with your local court before attending. If you are working remember the whole process is going to take most of a day so you’ll need to arrange a days leave.
You need to report to the Clerks of the courts office. These offices tend to get quite busy so if you want to get seen arrive early! They deal with all the paperwork for you, checking to see that you’ve completed everything correctly. This is when you pay the court fees which include those paid for the official receiver. You then have to wait patiently for an opportunity to be seen by a district judge. He or she make the bankruptcy declaration for you.
No need to feel nervous at this time, remember these folks are extremely busy dealing with many matters throughout the day of which your bankruptcy will be only one. They won’t be looking to make your life difficult. When you meet the judge, be respectful at all times and refer to the district judge using Sir or Madam. They will then review your paperwork and will almost certainly ask you a few questions. Answer clearly and honestly without waffle as they don’t have time for this! Assuming the district judge is satisfied the bankruptcy will be made for you and you’ll be asked to report back to the offices of the clerk. The clerk of the court will issue you a copy of your bankrupty, again you may be asked to wait for this as they’ll probably be very busy. The paperwork then given to you is an official letter confirming you bankruptcy, important should you have a creditor contact you prior to your seeing the official receiver, together with contact details for the receivers offices. After your bankruptcy you must see the receiver. Usually the form is for them to telephone you giving you an appointment time. This usually happens within a few days of your having been to the court.
The Receivers Office
Mostly it is normal for the receivers office to telephone you after your bankruptcy to make an appointment. If you haven’t heard from them within a week telephone and make the appointment yourself! You are required to see the receiver.
Again the receivers office is usually very busy and they’re not likely to be looking to make the process any more difficult for you or them. However remember the receiver is there to get the truth about your affairs so be honest and respectful at all times. Expect to be asked about your debts and how they came about. You are likely to be with the receiver for an hour or two but don’t worry they’re human and you’ll be offered a cup of tea or coffee and a break if you need one.
If you are financially able the receivers office will be looking to see if you are able to pay any money to your creditors within the period of your bankruptcy. Assuming that this will be the first time you’ve been bankrupt this is usually for 1 year. Should it be established that you have been dishonest and deliberately obtained loans etc you knew you couldn’t pay, the receiver can extend the term of your bankruptcy.
The receiver will ask you to give them any bank cards, store cards or credit cards you have so remember to take them all with you. The receiver will inform your creditors and your bank of your bankruptcy, and your accounts will all be closed. They will advise you to maintain contact with them should your financial circumstances change. So if you win the lottery whilst you are bankrupt the receiver will expect you to pay up! Unlikely example we know but you get the idea. Say you were unemployed when you became bankrupt but subsequently you are offered a well paid new job, the receiver will expect you to advise them of this and you may be asked for a contribution towards your creditors.
Restrictions during bankruptcy period
There are quite a few and you’ll be given full details of all of them in paperwork given to you by the court when obtaining the initial paperwork and again by the receivers office as a reminder. For most people the primary concern is how to function financially during the bankruptcy period. You are not allowed to obtain credit of more than £500 at any time during the bankruptcy. Legally you must also inform anyone you borrow money from that you are bankrupt. In the real world this never happens as credit reference agencies keep the details of your bankruptcy on record anyway so any lender will be able to see this and will refuse you a loan anyway!
You will almost certainly need a bank account to use to have your salary or cheques paid into if you are s-employed. This is certainly possible to obtain even whilst you are bankrupt but don’t go expecting any Gold cards or super facilities because you won’t be offered any. In the UK you’ll be restricted to a basic account only if you are accepted, however if you need something more there are accounts you can open overseas. Remember you are only bankrupt within the UK. Here’s a link to a website that can offer to open you a bank if you’re bankrupt Click here to apply Be sure to let us know if it’s helpful to you.
If you find yourself stuck for transport whilst bankrupt, car finance is going to be impossible to obtain until after you are discharged and then it will be at a much higher rate of interest. You could of course by an old bucket to get you from A to B, however provided you can supply 3 months bank statements proving income and some deposit money we can help you. Yes even during your bankruptcy! Take a look at our website http://www.car-leasing-uk.org.uk/contract_hire.html We can offer you non-ststus contract hire of a vehicle. This could be helpful to you.
In the vast majority of cases you’ll be out of your bankruptcy within a year and the restrictions will no longer apply. When the year is up make sure you write to the court you made the bankruptcy and obtain a discharge certificate. You’d need to be able to produce this before being able to apply for any kind of loan or finance in the future.
Once you have been discharged from bankruptcy and have a discharge certificate you will be able to apply for a loan or a credit card should you need one, however you’ll be regarded as a higher risk and you must expect to pay a higher rate of interest. Saying that it can certainly be to your advantage to obtain a low credit limit card or a small loan as provided you maintain the payments on time, you’ll be steadily on the way to rebuilding your credit rating.
We hope you’ll find the information here has been helpful, and as always we welcome your feedback, the Loans2you team.