Bankruptcy is a mysterious process, and many people don’t understand it and how complicated it can be. In layman’s terms, this article looks at the process, who is involved and the implications for the person declared bankrupt and how to find a good solicitors to guide you in the process.
The process of being declared bankrupt is both a legal process and for most people who are declared bankrupt, a very difficult process, even a little traumatic at times. So for those reasons it is important to find a solicitors to make sure that the legal aspects of the case are dealt with fairly and that you have representation. If you are declared bankrupt, it is a serious matter and not just a technicality.
A court will actually determine whether you are bankrupt. Either you or your creditors can petition the court to declare you bankrupt. As creditors can file for your bankruptcy in effect, you can actually be declared bankrupt without your consent. This is a bit intimidating!
Once you are declared bankrupt, then the court appoints an Official Receiver. The Receiver will judge (after an interview) how much money you have an whether you might sell any assets or raise more money. If you have assets then an Insolvency Practitioner, sometimes known as a Trustee will be appointed to sort out the selling of your assets.
Going forward, the Receiver/Trustee will control all your finances and assets, not you.
The Trustee can apply to court if you seem to have additional surplus income, for an official Income Payments Order. You can be legally and officially discharged from bankruptcy after one year, although the order remains in place for 3 years.
Remember that a bankruptcy is public news. The bankruptcy details will be published in local papers and sometimes National newspapers. Any ‘Financial Associates’ like utilities suppliers etc will be informed, and your bankruptcy will affect mortgage applications and other finance in future.
finding the best solicitor will mean that your voice is heard and that the process is fair to you. It can help to feel you have some control of this difficult and trying time.