What bankruptcy means, how it affects your home, job, bank accounts, and credit rating. The full process and alternatives explained. UK 2026 guide.
·5 min read
Bankruptcy is a serious step that writes off most debts but comes with significant consequences. Here is exactly what happens, what you lose, and what alternatives you should consider first.
What Bankruptcy Means
Feature
Details
What it does
Writes off most unsecured debts after 12 months
Who controls your finances
An Official Receiver (government official) or appointed trustee
Duration
Restrictions last 12 months (usually)
Your assets
May be sold to repay creditors
Credit file
Bankruptcy recorded for 6 years
Cost to apply
£680 (as of 2026)
The Bankruptcy Process
Stage
What happens
1. Application
You apply online through the Insolvency Service (gov.uk) or a creditor petitions the court
2. Adjudicator decision
An adjudicator reviews your application and makes a bankruptcy order (usually within days)
3. Official Receiver takes over
OR contacts you, freezes accounts, and investigates your assets and income
4. Interview
You have a telephone interview with the Official Receiver about your finances
5. Income Payments Agreement
If your income is above essential needs, you may pay surplus income for 3 years
6. Asset realisation
Your non-essential assets may be sold
7. Discharge (12 months)
Most debts are written off and restrictions lifted
Which Debts Are Written Off?
Debts included (written off)
Debts NOT included (still owed)
Credit cards
Student loans
Personal loans
Court fines
Overdrafts
Child maintenance arrears
Catalogue debts
Debts from fraud
Store cards
Some tax debts (varies)
Payday loans
Secured debts (mortgage)
Utility arrears
Social fund loans
Council tax arrears
Debts incurred after bankruptcy order
Medical debts
Most HMRC debts
What You Lose
Your Home
Situation
What happens
Home with equity
Trustee can sell it (after 12 months, must apply to court within 3 years)
Home with no equity
You may be able to keep it (but situation reviewed)
Rented home
Bankruptcy does not affect your tenancy directly
Joint ownership
The other owner’s share is protected, but trustee can force a sale
Council/housing association
Tenancy is protected
If there is equity in your home, the trustee (or Official Receiver) has 3 years to deal with your interest in the property. If they take no action within 3 years, your interest reverts back to you.
Same restrictions as during bankruptcy continue for the BRO period
How common
Relatively rare — only for misconduct
Alternatives to Bankruptcy
Alternative
Best for
Lasts
Entered on credit file
Debt Relief Order (DRO)
Debts under £30,000, few assets, low income
12 months
6 years
Individual Voluntary Arrangement (IVA)
Regular income, debts over £6,000
Typically 5–6 years
6 years
Debt Management Plan (DMP)
Can afford reduced payments
Until debts repaid
May be noted
Administration Order
Debts under £5,000, CCJ already in place
Until debts repaid
6 years
Full and final settlement
Lump sum available to offer creditors
One-off
May be noted
Bankruptcy vs IVA
Feature
Bankruptcy
IVA
Duration of restrictions
12 months
5–6 years
Monthly payments
Surplus income for up to 3 years
Fixed monthly payments for 5–6 years
Your home
May be sold
Usually keep it (may need to release equity)
Debts written off
After 12 months
Remainder after IVA term
Credit file
6 years
6 years
Cost
£680 application
Fees taken from payments
Public record
Yes (Insolvency Register)
Yes (Insolvency Register)
Bankruptcy vs DRO
Feature
Bankruptcy
DRO
Debt limit
No limit
Up to £30,000
Asset limit
No limit (but assets at risk)
Under £2,000 (car under £2,000)
Income limit
No limit
Disposable income under £75/month
Cost
£680
£90
Duration
12 months
12 months
Scotland — Sequestration
In Scotland, the equivalent of bankruptcy is called sequestration. The process is similar but with some differences:
Scotland difference
Details
Name
Sequestration
Application route
Through the Accountant in Bankruptcy (AiB)
Cost
£150 (Minimal Assets Process) or £200 (full sequestration)
Discharge
Usually 12 months
Debt Arrangement Scheme (DAS)
Scottish alternative to DMP/IVA — statutory protection from creditors
Getting Free Debt Advice
Organisation
Contact
StepChange
stepchange.org — free, comprehensive debt advice
Citizens Advice
citizensadvice.org.uk
National Debtline
nationaldebtline.org
Business Debtline
businessdebtline.org (for self-employed)
Christians Against Poverty
capuk.org
Always get free professional debt advice before applying for bankruptcy. An adviser can assess whether bankruptcy, an IVA, or another solution is right for your situation.