Bankruptcy Solicitors

Bankruptcy is not the end — it is a defined legal process with a defined exit. Understanding what it means for your assets, your income, and your credit is what makes the difference between a decision made in panic and one made in knowledge.

Bankruptcy under the Insolvency Act 1986 can be initiated by you (a debtor's petition) or by a creditor (a creditor's petition). Discharge is automatic after 12 months — at which point most unsecured debts are written off. But the bankruptcy has significant consequences before that point: a trustee in bankruptcy takes control of your assets, can realise equity in property, and can pursue an income payments agreement where you have surplus income. A solicitor will advise on what bankruptcy means for your specific position — and whether it is more or less appropriate than the alternatives.

Debtor & creditor petitions Assets, income & property Discharge & after-effects Free initial consultation

Bankruptcy — The Process and Its Consequences

Bankruptcy — how it works, what it does to assets and income, and what happens after discharge.

Bankruptcy has significant consequences — but they are defined, time-limited, and understood. A solicitor will explain exactly what bankruptcy means for your specific position before you decide whether to petition or how to respond to a creditor's petition.

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Applying for your own bankruptcy — the debtor's petition

An individual who cannot pay their debts can apply for their own bankruptcy online via the Insolvency Service. The application fee (currently £680) must be paid before the application is submitted. Once the bankruptcy order is made, the official receiver takes control of the estate — assessing assets and income, realising realisable assets, and determining whether an income payments agreement or order is appropriate. Bankruptcy is appropriate where: there are no significant realisable assets (particularly no property equity); the total debt is too high for an IVA to be a realistic option; or where immediate debt relief is more important than credit implications. A solicitor will advise on whether bankruptcy or another solution is more appropriate.

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Defending a creditor's bankruptcy petition

A creditor owed more than £5,000 can present a bankruptcy petition against an individual who has not paid following a statutory demand or a judgment debt. The petition must be served personally, and the debtor has the opportunity to oppose it at the hearing. A bankruptcy order can be opposed where: the debt is disputed (there is a genuine and substantial dispute about whether it is owed); the petition is an abuse of process (the debt is being used as a debt collection tool rather than a genuine insolvency trigger); or where an IVA proposal has been filed and is pending a creditors' vote. A solicitor will advise on the grounds for opposition and represent you at the petition hearing.

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Property and equity in bankruptcy

A property owned (or co-owned) by the bankrupt vests in the trustee in bankruptcy on the making of the bankruptcy order. The trustee's interest in the equity must be realised — either by sale of the property, purchase of the trustee's interest by the bankrupt or a third party, or by a charging order on the property. Where the property is the family home with a partner or dependants in occupation, the court will not ordinarily order sale within the first 12 months. After 12 months, the creditors' interests take precedence and sale can be ordered. A solicitor will advise on the options for protecting or preserving the family home — including purchasing the trustee's interest before it is realised by sale.

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Income payments — the income payments agreement and order

Where the bankrupt has surplus income (income above what is needed for reasonable domestic needs), the official receiver or trustee can pursue an income payments agreement — a voluntary agreement for the bankrupt to pay a proportion of the surplus income into the estate for 3 years. Where no agreement is reached, an income payments order can be made by the court. An income payments order can run for up to 3 years — meaning that it may extend beyond the 12-month discharge date, and the bankrupt continues to make payments even after they are technically discharged. A solicitor will advise on the income payments assessment, negotiate the appropriate surplus level, and challenge an assessment that overstates the available surplus.

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Discharge — automatic after 12 months

A bankrupt is automatically discharged 12 months after the bankruptcy order is made — unless the official receiver applies to suspend discharge (where the bankrupt has not cooperated with the process). On discharge, most unsecured debts are written off — the bankrupt is released from the liability. The bankruptcy is not removed from the Insolvency Register on discharge, but is marked "discharged." It remains on the credit file for 6 years from the date of the bankruptcy order. Certain debts are not released on discharge — including student loans, child support, fines, and debts arising from fraud. A solicitor will advise on which debts are discharged and which remain.

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Bankruptcy restrictions — during and after the order

During the period of bankruptcy (until discharge), the bankrupt is subject to a number of restrictions: they cannot act as a company director; they cannot borrow more than £500 without disclosing the bankruptcy; they cannot carry on business under a different name. Certain professions — solicitors, accountants, financial advisers, MPs — are incompatible with bankruptcy. A Bankruptcy Restrictions Order (BRO) can extend restrictions for between 2 and 15 years where the bankrupt has engaged in dishonest or culpable conduct. A solicitor will advise on the restrictions applicable to your specific situation and on opposing a Bankruptcy Restrictions Order where one is sought.

How It Works

Bankruptcy has a defined process, a defined duration, and a defined exit. Understanding what it means for your specific position makes it a decision, not a disaster.

A solicitor will assess your assets, income, and debts — advising on whether bankruptcy is the most appropriate solution, how it will affect your property and income, and how to manage the process to minimise the impact.

Submit Your Request
1

Tell us about your debts, assets, and income

Describe the total unsecured debts, whether you own property and what equity it has, and your monthly income and essential outgoings.

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Solicitor advises on bankruptcy vs alternatives

A debt and insolvency specialist advises on whether bankruptcy, an IVA, or another solution is most appropriate — and what bankruptcy specifically means for your assets and income.

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Free initial consultation

You receive an honest assessment of the bankruptcy process and its consequences for your specific situation — at no cost and no obligation.

Free Initial Consultation

Bankruptcy is a legal process with a known outcome — not a permanent state. A solicitor will tell you exactly what it means for you before you decide.

Get specialist bankruptcy advice — on petitioning for your own bankruptcy, defending a creditor's petition, or understanding what bankruptcy will mean for your property, income, and future.

Get Bankruptcy Advice

Common Questions

Bankruptcy — what people ask us.

I jointly own a property with my partner. What happens to the property if I go bankrupt?

The trustee in bankruptcy takes control of your share of the property. Your partner's share is not affected — the trustee's interest is in your share only. The trustee will seek to realise your share — by sale of the whole property, by your partner purchasing your share from the trustee, or by a third party (such as a family member) doing so. Where you and your partner have dependent children, the court will not normally order sale of the family home within the first 12 months of the bankruptcy order. After 12 months, the creditors' interests take precedence. A solicitor will advise on the realistic options for protecting the family home — including what it would cost to purchase the trustee's interest.

Will a creditor's bankruptcy petition be dismissed if I dispute the debt?

Yes — where there is a genuine and substantial dispute about whether the debt is owed, the bankruptcy petition should be dismissed. A dispute that is frivolous, or that was raised only after the petition was presented, is less likely to succeed. The dispute must be one that would have a reasonable prospect of success in civil proceedings. A solicitor will assess whether the dispute is genuine and substantial and whether it provides a complete defence to the petition — and will make the appropriate application to dismiss or adjourn the petition where it does.

What happens to my pension in bankruptcy?

Pension funds that are "approved" for tax purposes (most personal and occupational pensions) are excluded from the bankruptcy estate and cannot be realised by the trustee. This is one of the most important protections in bankruptcy — your pension savings are preserved regardless of the size of the debt. However, lump sum payments taken from a pension during the bankruptcy period can be claimed by the trustee. A solicitor will advise on the treatment of your specific pension arrangements and any risks around pension income or lump sums during the bankruptcy period.

I am self-employed. Can I continue trading during bankruptcy?

Yes — a bankrupt can continue to trade as a sole trader, but must not incur credit of more than £500 without disclosing the bankruptcy to the creditor, and must not use a business name different from the name under which they were made bankrupt without disclosing the bankruptcy. The trustee may claim income generated by the business above what is needed for reasonable living expenses under the income payments provisions. Some professions — regulated legal, financial, and accountancy roles — are incompatible with bankruptcy and must cease. A solicitor will advise on the restrictions applicable to your specific trade or profession.

How does bankruptcy affect my credit rating?

A bankruptcy order is recorded on your credit file for 6 years from the date it was made. During that period, access to mainstream credit (mortgages, credit cards, loans at standard rates) is severely restricted. After 6 years, the bankruptcy is removed from your credit file and no longer shows on standard credit reference searches — allowing your credit rating to recover. The practical credit impact is broadly similar to that of an IVA — both remain for 6 years. The difference lies in what is protected during the process — which is why the choice between bankruptcy and an IVA should be made on the basis of assets, income, and personal circumstances rather than the credit impact alone.

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