Archive Website of the UK government

Before you apply for bankruptcy

Only a court can declare you bankrupt by issuing a bankruptcy order against you. You can petition the court yourself, or your creditors (people you owe money to) can if you owe them more than £750 and that amount is unsecured. If made bankrupt, you can lose your home and/or business.

Get free debt advice from your local Citizens Advice Bureau or the National Debtline to make sure bankruptcy is the best way to deal with your debts. An independent financial adviser can also help you, but they may charge a fee for their services.

The process for becoming bankrupt is different in Scotland and Northern Ireland.

• Debt - where to get free help and advice

• Debt repayment options - a guide

Bankruptcy forms you need to complete

As part of your bankruptcy petition, you will need to complete the following bankruptcy forms:

• Debtor’s Bankruptcy Petition
• Statement of Affairs, Debtor's Petition

You can get the forms from The Insolvency Service website or buy them from a legal stationers. For help filling in the forms, contact your local Citizens Advice Bureau or the Insolvency Enquiry Line. Telephone 0845 602 9848, Monday to Friday 8.00 am to 5.00 pm.

You should give the reasons why you are applying for bankruptcy in the Debtor’s Bankruptcy Petition.

List all your assets (cash, property, shares etc) and debts, including the names and addresses of your creditors, in the Statement of Affairs.

• The Insolvency Service forms (England and Wales) Opens new window

• Find your local county court

What to do with your bankruptcy forms

You need to print and sign the forms and give the originals and usually two copies to the court.

The court will not consider your bankruptcy petition if you don’t have the originals and enough copies. For help completing the bankruptcy forms, contact your local Citizens Advice Bureau or the National Debtline for free advice. An independent financial adviser can also help you, but they may charge a fee.

• Find your local Citizens Advice Bureau

• National Debtline

• Choosing and using a financial adviser

Find your nearest bankruptcy court

Not all courts deal with bankruptcy and you must go to the bankruptcy court nearest to where you live or trade (whichever is for the longest period in the last six months). Find out which bankruptcy court you need by searching the court directory.

• Find your nearest bankruptcy court

Bankruptcy fees you need to pay

The court will not consider your bankruptcy petition if you can’t pay the bankruptcy fees. These fees are:

• £525 to cover the cost of managing your bankruptcy
• £175 to cover your court costs, you may not have to pay this fee if you are on income support - court staff can advise you

How to pay your bankruptcy fees

Some charities can help you pay the fees and your local Citizens Advice Bureau can provide details of any in your area.

• Find your local Citizens Advice Bureau

The court will not accept personal cheques, but you can pay the fees:

• in cash
• in postal orders
• by building society, bank or solicitor’s cheque made payable to HM Courts & Tribunals Service

Going to the bankruptcy court

You should contact your nearest bankruptcy court to arrange a date and time to go to court with your forms and fees. When the court considers your bankruptcy petition it can:

• issue a bankruptcy order making you bankrupt
• delay your case – the court may need further information
• reject your bankruptcy petition
• reject your bankruptcy petition and order an alternative to bankruptcy

If the court rejects your petition, the bankruptcy fees will not be repaid to you. However, the court may agree to use them towards the costs of an alternative. You should get independent financial or legal advice if your bankruptcy petition is rejected.

• Debt - where to get free help and advice

• Find a solicitor or advice agency

Useful contacts

• Money, tax and benefits contacts