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What is bankruptcy?

All the basics on bankruptcy.

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What bankrupts can't do

Once you've been made bankrupt you have to follow certain laws. Heres the lowdown.

The following are criminal offences:

  • Obtaining credit of £500 or more, either alone or with another person, without disclosing your bankruptcy. (This isn't just borrowing money - it includes your getting credit, as a result of a statement or conduct which is designed to get credit, even though you have not made a specific agreement for it. For example, ordering goods without asking for credit and then failing to pay for them when they are delivered)
  • Carrying on business (directly or indirectly) in a different name from that in which you were made bankrupt, without telling all those you do business with the name in which you were made bankrupt.
  • Being concerned (directly or indirectly) in promoting, forming or managing a company without the court's permission, whether formally appointed as a director or not

In addition to this you may not hold certain public offices. You may not hold office as a trustee of a charity or a pension fund.

You may open a new bank or building society account but you should tell them you are bankrupt; they may impose conditions and limitations. You should ensure you do not obtain overdraft facilities without informing the bank that you are bankrupt or write cheques which are likely to be dishonoured. Tell your trustee about any money you have in the account which is more than you need for your reasonable living expenses. Your trustee can claim the surplus amounts to pay your creditors.

When you are going bankrupt a check will be made to make sure that you haven't fraudulently disposed of any property that should be passed over to The Official Receiver. They can check back for five years before the bankruptcy.

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Updated: 17/10/2011


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