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Some of the forms are available in the publications section of this website where you can print them off for completion. After making a bankruptcy order, the court usually appoints the Official Receiver a civil servant in The Insolvency Service and an officer of the High Court to be receiver and manager of the bankrupt's affairs.
The Official Receiver has responsibility from the date of the bankruptcy for administering the bankruptcy and protecting the bankrupt's assets.
The Official Receiver will also act as trustee of the bankruptcy estate unless an insolvency practitioner is appointed. If this happens, the Official Receiver still has a duty to investigate the bankrupt's affairs.
So two people may be involved in the bankruptcy:. The court may 'annul' cancel a bankruptcy order. The bankrupt and anyone else can apply for an order to be annulled if:.
An application to annul the bankruptcy order can be made at any time even after the bankrupt's discharge. The bankrupt can apply for the 'rescission' cancellation of the bankruptcy order, if there has been a change in circumstances since the bankruptcy order was made. A rescission will usually only be granted in exceptional circumstances and normally requires the consent of the petitioning creditor.
The bankrupt can 'appeal' against a bankruptcy order on a point of law. As a result of an appeal, the court can cancel the bankruptcy order or otherwise change its decision. The bankrupt should appeal within four weeks of the order being made. This page explains when your creditors can apply to make you bankrupt and what your options are if you get a statutory demand. If you are facing bankruptcy, you'll need expert advice.
You can get advice about bankruptcy from your local Citizens Advice bureau. This might be harassment and you can challenge it. More about harassment by creditors.
Before a creditor can apply to the court to make you bankrupt, they have to show they've tried certain legal methods to get you to pay your debt. These are normally one of two methods:. If the creditor can show they've tried one of these methods to get you to pay but failed, they can apply for your bankruptcy.
They will usually serve a statutory demand first. If a creditor serves a statutory demand on you, the first thing you need to do is get advice about how bankruptcy would affect you and your family.
If you have financial problems, it may be that bankruptcy is a good option for dealing with it. You might decide to take no action after receiving the statutory demand, in the hope that the creditor will ask the court to make you bankrupt. If they do this, the creditor will have to pay for your bankruptcy, instead of you having to pay for it yourself. However, there is no guarantee that a creditor will definitely apply for your bankruptcy, even if they've served a statutory demand.
If you get advice and decide that you want to avoid bankruptcy, you should do one of the following:. You may need to get advice about whether you have valid grounds to cancel a statutory demand. You can get advice from your local Citizens Advice Bureau. If you don't want to be made bankrupt, it's a really good idea to get legal advice to help you put your case together.
In some circumstances, you may be able to get legal aid to help with the costs of this. Check whether you might be eligible for legal aid. If you don't pay, negotiate a payment plan or get the statutory demand cancelled, the creditor will be able to apply for your bankruptcy by presenting a bankruptcy petition to the court. They have to pay a fee to do this. You'll receive notice that the petition has been made and will be given the opportunity to oppose the making of a bankruptcy order if you want to.
You don't have to pay any fees yourself.
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