Care and support

How long does bankruptcy last?

You will usually be automatically discharged from bankruptcy after a maximum of 12 months. This period may be shorter if the Official Receiver concludes his enquiries into your affairs and files a notice in court.

In both circumstances, if you are discharged automatically, you do not have to do anything to get your discharge. If you wish, you can obtain a certificate of discharge from the court that dealt with your bankruptcy. There is a fee of £60 for this.

These rules do not apply if you have previously been made bankrupt, or you have not co-operated with the Official Receiver.

You can also apply for a bankruptcy order to be annulled if you have paid all the debt in full or the bankruptcy order should never have been made.

What happens when bankruptcy ends?

The process of bankruptcy ending is called being discharged. After you are discharged you are released from most of the debts that you owed when the order was made. There are certain exceptions to this, called non-provable debts, which you are still liable for. Non-provable debts include benefit overpayments, court fines and maintenance payments.

When you are discharged you can borrow money and carry on business without the restrictions that apply during bankruptcy.

Any assets that the Official Receiver held or claimed during the bankruptcy are not returned to you on discharge. It may be some time after your discharge before all your assets, such as your home, are dealt with.