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How long does bankruptcy last?

Bankruptcy normally lasts for 12 months. After this time, you are usually automatically discharged (freed) from the debts owed in your bankruptcy and the bankruptcy restrictions. These are the rules you agree to when you are made bankrupt.

Your discharge can be earlier if the Official Receiver (an officer of the bankruptcy court) finishes looking into your affairs and your creditors don’t object.

There are times when your bankruptcy can be annulled (cancelled). To find out more, read the guide below, 'Can your bankruptcy be cancelled?'.

Delay in being discharged

Your discharge can be delayed if:

• you don’t co-operate with the Official Receiver or trustee
  
• you break the bankruptcy restrictions
  
• you were issued with a criminal bankruptcy order by the court

You should contact your local Official Receiver to confirm when your bankruptcy will be discharged.

• Can your bankruptcy be cancelled?

• Bankruptcy - a guide

• Contact your local Official Receiver

Getting discharged from bankruptcy

You should contact your local Official Receiver to confirm when your bankruptcy will be discharged.

The Official Receiver will review your bankruptcy file, usually five months after you have been made bankrupt. If your creditors don’t object, you could be discharged early. If you are being discharged early, the court will send you a stamped copy of a ‘notice of early discharge’. This document will confirm the date of your early discharge, which is unlikely to be within six months of your bankruptcy being declared.

If you are being automatically discharged, you won’t get an official notice confirming your discharge.

Getting proof of your discharge

To get proof of your bankruptcy discharge, you can:

• ask your Official Receiver to write confirming the discharge date
  
• get a 'Certificate of Discharge' from the court - these cost £70 and £5 for extra copies
  
• ask your Official Receiver to advertise your discharge

Co-operating with bankruptcy officials

Even after your discharge, you must still co-operate with your Official Receiver or trustee and provide any information they ask for. They may still be dealing with the disposal of your assets, for example, selling your house.

Paying your other debts

You are still responsible for certain debts not included in your bankruptcy, for example, court fines and student loans. It is your responsibility to pay these debts and failure to do so can lead to court action. Organisations like Citizens Advice can help you find ways to deal with the debts not included in your bankruptcy.

• Bankruptcy - how your debts are paid

• Find your local Citizens Advice Bureau

Your assets after discharge

The assets claimed by your trustee will not be returned to you on your discharge. They can take many years to deal with. Your trustee’s control over your home lasts for up to three years from the date you were made bankrupt.

• Bankruptcy - what happens to your pension

• Bankruptcy - what happens to your home

Your wages or income after discharge

If you are making payments from your spare income towards your bankruptcy debts, you must continue to make them, even after your discharge. These payments are known as Income Payment Orders or Income Payment Agreements. They last for three years.

• Bankruptcy - how your debts are paid

The bankruptcy restrictions after discharge

After your discharge you usually are no longer subject to the bankruptcy restrictions. However, these restrictions can continue for between 2 and 15 years if you were issued with a Bankruptcy Restrictions Order or Bankruptcy Restrictions Undertaking. Your Official Receiver can confirm when you will be free of the bankruptcy restrictions.

• Bankruptcy - your responsibilities and restrictions

• Contact your local Official Receiver

Updating public records about your discharge

Official records will be updated after your discharge, but you will have to contact the credit reference agencies yourself to amend your credit file.

The Individual Insolvency Register

The Individual Insolvency Register is an online database of insolvency cases in England and Wales. Your bankruptcy will be removed from this register three months after your discharge.

• The Individual Insolvency Register

Public registers about your property

Details of a property’s ownership are recorded in a public register of land interests for England and Wales called the ‘Land Registry’. Notices are entered into this register about your bankruptcy. The entries are removed when the property is no longer a part of your bankruptcy estate (one of the assets being used to pay your debts).

Your home or business address will be linked to your bankruptcy and details kept on a public register called the ‘Land Charges Register’. These entries remain on record for a minimum of five years after the start of your bankruptcy.

• Getting details about land or property ownership

• Contact the Land Registry

Your credit file

It is your responsibility to update your credit file about your discharge. You can send the credit reference agencies a copy of any official document detailing your discharge.

• Credit reference agencies Opens new window

• Credit reference agencies - factsheet from National Debtline Opens new window

More useful links

• Debt - where to get free help and advice

Useful contacts

• Money, tax and benefits contacts