Bankruptcy Guide UK — What You Need to Know Before, During, and After
A complete guide to bankruptcy in England and Wales. The process, costs, consequences, what happens to your assets, and how to rebuild after bankruptcy.
·3 min read
Bankruptcy is a formal legal process that writes off most of your debts when you cannot pay them. While it provides a fresh start, it has serious and lasting consequences for your finances, credit, career, and assets.
When Bankruptcy May Be Appropriate
Your unsecured debts are significantly more than you can repay
You are being pursued by creditors and need legal protection
The Bankruptcy Process
Step
What Happens
Timeline
1. Application
Apply online to the Insolvency Service (£680 fee)
Day 1
2. Adjudicator review
Application assessed
Up to 28 days
3. Bankruptcy order
Made if application is approved
—
4. Official Receiver
Interviews you about your finances
Within weeks
5. Trustee appointed
Manages your bankruptcy (OR or insolvency practitioner)
—
6. Asset realisation
Trustee deals with your assets
During bankruptcy
7. Discharge
Bankruptcy ends (most restrictions lifted)
Usually 12 months
What Happens to Your Assets
Asset
What Happens
Home (with equity)
Trustee may sell or force sale; you may be given time to buy out their interest
Home (no equity)
Usually not at risk, but trustee has 3 years to act
Car
May be kept if needed for work/essential use (low value)
Household goods
Normally kept (essential items exempted)
Savings
Handed to trustee
Pension
Generally protected (not part of bankruptcy)
Investments
Handed to trustee
Tools of trade
May be kept if needed for employment
What Debts Are Written Off?
Written Off
NOT Written Off
Credit cards
Student loans
Personal loans
Court fines
Overdrafts
Child maintenance
Store cards
Debts from fraud
Catalogue debts
Some tax debts
Some HMRC debts
Secured debts (mortgages)
Utility arrears
Debts incurred during bankruptcy
Income Payments
If you have surplus income after essential living costs, you may be required to make an Income Payments Agreement (IPA) or Income Payments Order (IPO):
Feature
Detail
Duration
Up to 3 years (extends beyond the 12-month bankruptcy period)
Amount
Based on your disposable income
Typical payment
£50–£300/month
Enforcement
Legally binding
Restrictions During Bankruptcy
Restriction
Detail
Borrowing
Cannot borrow over £500 without disclosing bankruptcy
Business
Cannot act as a company director
Bank account
May be frozen; will need a basic account
Employment
Some professions barred (solicitor, accountant, police, military)
Travel
Must inform trustee; may need permission for extended travel
Public office
Cannot be an MP, councillor, or magistrate
Assets
Cannot dispose of assets without trustee permission
Consequences Timeline
Event
Duration
Bankruptcy period
12 months
Income payments (if applicable)
Up to 3 years
Credit file record
6 years
Insolvency Register entry
3 months after discharge
Difficulty getting credit
6+ years
Difficulty getting a mortgage
6+ years (specialist lenders may consider earlier)