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You'll be deemed bankrupt until you're discharged, at which time any restrictions placed on you will end. It's at this point the debts declared under the bankruptcy are written off. This will usually be 12 months after the court made you bankrupt, but it could be longer if you break any of the restrictions. Being discharged from your bankruptcy is automatic, but if you want proof you can ask the official receiver for a confirmation letter which won't cost you a penny. If you're discharged early you'll be sent a Notice of early discharge. This can happen if the Official Receiver finishes looking into your affairs and your creditors don't object.

You'll need to provide any information about existing pensions to your official receiver and trustee. All pension schemes that have been approved by HMRC remain outside of your bankruptcy meaning they cannot be claimed by the trustee. In certain circumstances, you can stop or delay the sale of your home when you declare bankruptcy. If you need your home as a place for your partner or children to live, then you can delay the sale for a year, while you find somewhere else to live.

There are times when your bankruptcy can be annulled cancelled. An order of annulment can only be made by the court. It used to be possible to declare yourself bankrupt after university, and get your student loan written off — several hundred people actually did this. But the loophole was closed, and your student loan will come out of the other side of the bankruptcy with you. Joint bankruptcy is only available to business partners. If you have any joint debts as a couple — that's any debt which both of you applied for at the same time and you are both named on the credit agreement — and only one of you goes bankrupt, the other person named on the credit agreement will become responsible for paying back the whole amount of the debt.

Your bankruptcy will appear on the Insolvency Register while you're bankrupt and for three months after you've been discharged.

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The register is a public record and these records are searched as part of your credit file. Anyone can search the register free of charge online at the Insolvency Service website.


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The bankruptcy record will stay on your credit reference file for six years so it will affect your ability to get credit even after the order has ended. Yes you can. Bankruptcy is also referred to as 'sequestration' in Scotland. New laws came into force in April which made debt relief quicker and at less than half the cost of an application for bankruptcy under the previous equivalent scheme for those on low incomes. Other measures include:.

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Make a deal with your creditors. Quick question:. How does an administration order work? Quick questions:. I'm in Scotland, what rules apply for me? Will an administration order affect my credit rating? What happens if I can't keep up with the payments? What happens once I've paid off the administration order? How to apply for a DRO?