The restrictions imposed on you as a condition of your bankruptcy will typically come to an end when you are officially ‘discharged’ of your order.
This tends to be exactly one year from the day you were formally declared bankrupt by your local county court. Your restrictions may be extended in cases where it arises you failed to co-operate with the trustee presiding over your case, or any party tasked with managing your bankruptcy.
Find out when you are due to be discharged online utilising the Individual Insolvency Register.
Obtaining proof of your discharge
Typically you will be discharged automatically, meaning that you will not be sent any formal notice via phone or post that you have been freed of your order. In order to obtain proof, you can undertake the following:
- Make a formal request to your official receiver for them to give you a confirmation letter. This should be done without any charge.
- Make a request to the court for them to provide you with a Certificate of Discharge. This usually costs £70 and a further £10 if you would like a copy.
Bankruptcy registers are revised on a regular basis, and on completion of your bankruptcy you will be:
- Removed from the Individual Insolvency Register no longer than three months after your bankruptcy comes to an end.
- Removed from the Land Registry, so long as your home is no longer required to repay your unsecured debts or it is in the universal interest of all parties that ownership is given back to you.
- Taken off the Land Charges Register after 5 years from the day you were formally declared bankrupt by the court.
In order to find out more information, ask your trustee about the references of your bankruptcy which will remain on the aforementioned registers after you are discharged.
Your personal credit rating
A record of your bankruptcy will most likely be kept on your credit file for 6 years from the day your order was formally passed by the court.
Once you have been discharged, it might be worthwhile sending one of Experian or Equifax a copy of your proof of discharge, so they do not neglect to make the necessary updates to your file 6 years after your initial bankruptcy order was made.
Debts you cannot write off with bankruptcy
After you have been discharged, you will be free from the majority, but not the entirety, of your unsecured creditor debts included within your bankruptcy.
However, there are certain debts that you will still be required to repay, including:
- Debt you have acquired through fraudulent activity
- All debts outstanding from financial affairs conducted with family members, unless the court specifies differently.
- Debts which were not part of your bankruptcy in the first place, like council tax payments, secured loan and student loan debt.
- Liability payments to victims as a result of damage to their physical condition or one of their assets.