Making yourself bankrupt

MAking someone bankrupt

You can present a bankruptcy petition against yourself if you can show that you are unable to pay your debts. There is no minimum debt, merely that you are unable to pay your debts as they fall due.  However, the decision whether to make yourself bankrupt is a very serious one and there may be alternatives open to you.

Issuing the petition

To issue a bankruptcy petition against yourself the following must be done:

  • An application must be made via the government’s Online Debt Solutions portal.
  • The application must be supported by a Statement of Affairs detailing your current financial position.
  • The application must be accompanied by the Official Receiver’s deposit (£550) and the adjudicator’s fee (£130)
  • An adjudicator will acknowledge receipt of the application and, if the application complies with all the statutory requirements, a bankruptcy order will be made within 28 days, unless the adjudicator requests further information.

The adjudicator does not have discretion when it comes to granting a bankruptcy order. If the application does not include the fee, or fails to comply with any other requirement, the adjudicator cannot make the order.

Making of a bankruptcy order

If a bankruptcy order is made:

  • The order will be drawn up and a copy sent to the local Official Receiver’s office 
  • The Official Receiver’s office will notify the Land Charges Department that the order has been made and this will be added to the public register of writs and orders
  • The order will be advertised in the London Gazette and such local paper as the Official Receiver’s office thinks appropriate

You will be required to attend the Official Receiver’s office for an interview.

Taking legal advice

The decision whether to make yourself bankrupt is a very serious one and it is important to obtain advice from a qualified adviser before taking this step.  There may be alternatives. If you do present your own petition, you are responsible for the information provided, including in relation to your Statement of Affairs, which is a detailed and complex form.  Advice and assistance with this may be available from a variety of sources.

For more information proceed to Making someone bankrupt