What Is Bankruptcy?
Bankruptcy is a formal insolvency
route for individuals with serious debts that they cannot pay. Bankruptcy
is often the last resort and is usually applied when no meaningful
alternative can be offered to creditors. You may petition for your
own bankruptcy or a bankruptcy order may be applied for by one of
your creditors if you cannot pay what is owed to them. Whilst the
Enterprise Act 2002 now allows some bankruptcies to be discharged
after one year this is not expected to be the norm and any proof
of reckless spending may result in a bankruptcy period of between
2 and 15 years.
What Are Disadvantages
Of Bankruptcy?
Bankruptcy is personal insolvency's "nuclear
option". That's not to say it is not the right choice for many
- it often is. But, life won't be the same after becoming bankrupt
- not least when it comes to rebuilding your credit rating in years
to come:
All your assets, apart from those required for a basic standard
of living, will be sold. This may include your house.
You will not be allowed to obtain more than £500 credit unless
you first disclose that you are bankrupt.
Any income you have in excess of that needed for your basic needs
will have to be paid to your creditors.
Your job may be at risk: certain trades and professions will not
allow you to work when bankrupt.
Your credit rating will be affected (probably for some time after
your bankruptcy ceases) and there may be other restrictions, such
as having your bank and credit card accounts closed.
Your bankruptcy will be advertised in newspapers.
What Are The
Advantages Of Bankruptcy?
Go bankrupt and almost all you have becomes
available to your Trustee to pay off what you owe. Yet, for some,
bankruptcy may be the best (if not the only) option:
Once the bankruptcy period has
come to an end, all debts are written off. Depending on your circumstances
you may be debt free in 1 year
If you live in rented accommodation
and up to date with your rent you will be able to continue paying
the rent. You have little to loose and ALL your debts will be
written off at the end of the bankruptcy period.
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