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What are the steps in
Bankruptcy?
Here we explain the 7 steps to bankruptcy. |
Step 1
Identify Your local County Court and Tel Number
To declare bankruptcy, you will have to present your bankruptcy
application documents (petition documents) in person at the County Court
local to where you live. The local Court can be identified by searching
on the Court Finder web site:
http://www.hmcourts-service.gov.uk/HMCSCourtFinder/.
If you live in London,
you may have to present your documents at the High Court Royal Courts of Justice
located in the Strand.
Step 2
Get an Application Form
Telephone your local County Court and confirm that you are considering
bankruptcy. Check whether you are speaking to the correct Court location
based on your home address. This is important as you must present your
Petition for Bankruptcy at the County Court local to your place of
residence.
You should then ask the Court to post you the necessary application
forms for Bankruptcy and associated information. You will need two
documents:
Bankruptcy Petition (doc 6.27)
Statement of Affairs (doc 6.28)
The Court will post blank copies of these documents to you free of
charge. Alternatively, these forms can also be downloaded from the
internet using the following website links:
>
http://www.hmcourts-service.gov.uk/courtfinder/forms/form6-27_0602.pdf
>
http://www.hmcourts-service.gov.uk/courtfinder/forms/form6-28_0405.pdf
Step 3
Understand the Fees Payable
When you declare bankruptcy, you will have to pay a fee. The fee is
generally £600/person made up of a Court Fee of £150 and a fee towards
the cost of the administration of your bankruptcy of £450. If you
claim certain benefits such as income support, you may be exempt from
the Court Fee. When you are speaking to the Court, you should confirm
the exact charge and if you are eligible to apply for a discount.
Step 4
Confirm whether you need to book an Appointment at the Court
When you speak to the Court, you should ask whether you will need to
make an appointment or whether they can just turn up at any time.
Different County Courts have different procedures. If you need to book
an appointment you may have to do so quite far in advance.
If you live in London and are planning to attend the High Court in the
Strand, you will not need a prior appointment. You can just turn up on
the day.
Step 5
Complete your Bankruptcy Petition and Statement of Affairs Documents
The bankruptcy Statement of Affairs forms are 30 pages in length. They
need to be completed fully and correctly. This will normally take
between 2-3 hours. Once completed, you should make a photocopy of the
forms for future reference. Normally there will not be any facilities at
the Court for you to do this.
Note: If you feel comfortable that you can complete the forms
yourself, there is no need to get the help of any 3rd party. However, if
you do need help, you should expect to pay for this.
Step 6
Present Your Completed Application Form at Court
Once you have completed your forms, you must take them, together with
your Bankruptcy fee, in person to your local County Court. You should
ensure that you arrive promptly for your appointment. If you have not
been asked to make an appointment, then plan to arrive no later than
10.00 to ensure the process can be completed the same day.
Once at court the following will happen:
A Clerk of the Court will take your fee, ensure that your application
forms are correctly completed and witness your signature on the Petition
Document.
You will then meet privately with a District Judge. The Judge will
ensure that you eligible for Bankruptcy (i.e. insolvent) and will
determine whether bankruptcy is appropriate. If the Judge agrees with
the Petition, they will declare you bankrupt the same day.
You will be asked to visit the Official Receiver. This will either be
arranged for the same day or you will have to make an appointment at a
future date.
Step 7
Meeting the official receiver
Once you have been declared Bankrupt by the District Judge, you will
then have to meet with the Official Receiver (OR). The Official Receiver
will study your application forms in more detail. Based on this
information, they are responsible for deciding decide how your
Bankruptcy will be dealt with:
The Official Receiver will decide the following things:
How long the bankruptcy will last. This will normally be 12 months
although the OR has discretion to shorten or lengthen this.
If you can afford to make a monthly payment towards your debt and if so
how much (known as an Income Payment Order which will normally last 36
months).
If you have any assets or property, how these will be treated. I.e. if
and when they will be sold to realise the asset value for the creditors
Step 8
What to do if you have Property
If you declare bankruptcy and are a homeowner, the title and ownership
to your property and your share of any equity in it will pass to the
Official Receiver. If your share of the equity in your property is
significant (£5000 or more), the OR will want to realise this either
through the sale of the property or the receipt of equivalent funds from
a third party.
If you have little or no equity in your property, you will normally be
able to buy back your title for a nominal amount and the cost of the
solicitor’s fees. It is vital that you discuss this immediately with
your OR. If you do not, the title will remain with the OR for the next 3
years. If during this time, house prices rise and your equity increases,
then the OR still has the right to sell the property after this time to
realise any equity newly available.
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