When we talk about Bankruptcy ending, we often refer to discharge periods. When you are discharged from Bankruptcy, you will be freed from most of the debts you owed when the Bankruptcy Order was made, which normally happens within 12 months from when the Bankruptcy Order begins. However, the Official Receiver can apply to the court for a Bankruptcy Restriction Order which means you will continue to be subject to restrictions after discharge on other debts.

Q: When will I be discharged from my Bankruptcy Order?

A: Discharge is normally granted after 12 months. If the Official Receiver files a notice in court before the 12 month period is complete to say they have concluded their enquiries into your affairs. You will then be discharged when the notice is filed. A copy of the notice will be sent to you if this is the case.
If you fail to co-operate with the Official Receiver, then the court could delay your discharge which will extend the Bankruptcy period.

Q: Will I be discharged automatically?

A: You will normally be discharged from your Bankruptcy Order – even if no payments have been made to your creditors. A certificate of discharge can be issued if you make a request in writing to the court that dealt with your Bankruptcy. Do not write sooner than two weeks before your discharge date. Give your name, address and court number (taken from the latest correspondence about your Bankruptcy). However in the majority of cases, a certificate isn’t needed.

The court will check with the Official Receiver that you are entitled to an automatic discharge. You should receive a certificate confirming this normally within 4 weeks.

A fee of £60 is payable to the court for issuing a certificate of discharge (further copies will cost £1 each). You can also ask for the Official Receiver to advertise your discharge.

You will not be automatically discharged from a Bankruptcy Order if:

• Your discharge period has been suspended, for example: you have failed to co-operate with the Official Receiver or Trustee.
• You are subject to a criminal Bankruptcy Order. Please contact the Official Receiver for more information.

Q: Will I be freed from all my debts when I am discharged from my Bankruptcy Order?

A: You will not be freed from all debts included in the Bankruptcy, but you will be freed from the majority of debts included in your order.

You will not be freed from the following debts:

• Money owed under family court proceedings (for example, child maintenance)
• Debts arising from any personal injury claims against you unless the court directs otherwise
• Court fines or debts occurring from fraud or other crimes
• Debts incurred after a Bankruptcy Order has been made
• Student loans

Q: What does annulment of Bankruptcy mean?

A: An annulment of Bankruptcy means a court has cancelled the Bankruptcy order because it believes that the order should not have been made, or if all of your debts, fees and expenses of the bankruptcy have been paid in full. An annulment of Bankruptcy will also be issued if creditors accept a proposal for settlement under a voluntary arrangement.