Care and support

How do I make myself bankrupt?

If you wish to make yourself bankrupt, you need to fill out the debtor's petition and statement of affairs. You can obtain these from your local county court or from the internet at www.insolvency.gov.uk. There are also guidance notes with these forms to help you fill them in.

It is also possible for a creditor to apply to make you bankrupt. In order to do this you must owe at least £750 to that creditor. A creditor must first send you a Statutory Demand. If you receive one of these you should seek further advice.

The petition and statement of affairs ask for details of your finances, including where you live, your family, where you work, your income (including any benefits), your spending, what your own (including any car), a list of your creditors and brief details of how you came to be unable to pay your debts, e.g. illness or unemployment.

Once you have completed the forms you need to take these to the appropriate court where you will need to pay a fee and a deposit. The court fee is £150 and the deposit is £345. If you are on a low income you may get help with court fee but will still have to pay the deposit. See the section on help with court fees for more information.

The application for bankruptcy will be heard either in the High Court if you live in London or your local County Court. If you apply for bankruptcy in Hertfordshire, your application will be heard at either Hertford, St Albans or Luton County Court.

Telephone the court in advance to check that it is the appropriate court for your application. Once you have paid the deposit and fee you will be told when your application will be heard. This is usually very soon afterwards and sometimes your application may be heard straightaway.

At the hearing, the application for bankruptcy will usually be considered by a District Judge who will decide the following:

• whether to make a bankruptcy order
• whether to order an alternative to bankruptcy
• whether to suspend proceedings (perhaps for further information)

If the bankruptcy order is made, you will then have an appointment to see the Official Receiver.