Bankruptcy

A legal process that clears most of your debts when you can’t repay them, but with restrictions and the possible loss of some assets. We help people in Leeds, Sheffield, Bradford and across Yorkshire and the UK.

Please note: this page is a brief, general overview to help you understand your options. It doesn’t cover every detail or every possible route, and it isn’t legal or financial advice. Every situation is different, so please talk to us before making any decisions.

In short: a legal process that clears most of your debts when you can’t repay them, but with restrictions and the possible loss of some assets.

Bankruptcy can give you a fresh start if you have no realistic way of repaying your debts. You can apply yourself online through GOV.UK, or a creditor owed £5,000 or more can ask the court to make you bankrupt.

What happens

  1. Your assets, apart from everyday essentials, pass to the Official Receiver, a government official, or to a trustee who is a licensed insolvency practitioner.
  2. They sell what can be sold and share the money among your creditors.
  3. If your income is more than you need to live on, you may have to make monthly payments for up to three years.
  4. You’re usually released from most of your debts after 12 months. This is called discharge.

Things to know

  • While you’re bankrupt, you can’t borrow more than £500 without telling the lender you’re bankrupt.
  • You can’t be a company director, or set up or run a company, without the court’s permission.
  • If you trade under a different name, you must tell the people you do business with that you’re bankrupt.
  • If you own your home, your share of it may have to be sold, even after you’ve been discharged.
  • You must co-operate fully and honestly with the Official Receiver or trustee. If you don’t, or if you’ve acted dishonestly, your restrictions can be extended for up to 15 years.
  • Bankruptcy stays on your credit file for six years, and there’s a fee to apply. You can check the current fee on GOV.UK.

Other options

Bankruptcy isn’t right for everyone. These are the other personal insolvency options, or you can compare them all.

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