Becoming bankrupt

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If someone's applying to make you bankrupt

Someone you owe money to can apply to a court to make you bankrupt if you:

The process to become bankrupt is different if you live in Scotland or live in Northern Ireland.

Before you’re made bankrupt

Before you can be made bankrupt, the people or organisations you owe money to have to try other legal ways to get you to pay your debt. This is usually through a statutory demand or a court judgment.

Citizens Advice has guidance on what to do if you’re sent a statutory demand.

You can challenge a statutory demand if you disagree with it.

Find out about other options for dealing with your debts.

When someone applies to make you bankrupt

  1. The person who wants to make you bankrupt sends an application to the court, called a ‘bankruptcy petition’. They’ll also give you a copy in person or post it to you.

  2. The court sets a hearing date, at least 14 days after the person gave you the petition.

  3. If the court makes you bankrupt at the hearing, they’ll send a bankruptcy order to the ‘official receiver’, who’ll deal with your bankruptcy.

Public records when a bankruptcy petition is filed against you

Your name will be added to the Land Charges register - lenders can search this register if you apply for a mortgage.

If you’re the sole owner of a property, HM Land Registry will add an entry to the register it holds for your property. This might mean you cannot sell your property.

Your address will be publicly available if you’re made bankrupt. If this will put you at risk of violence, you’ll need to apply for a PARV order before your bankruptcy court hearing.

At the court hearing

You can go to the court hearing.

The court can:

  • make a bankruptcy order, which means you become bankrupt

  • pause the petition (this is called ‘staying’ the petition)

  • dismiss the petition

  • postpone (or ‘adjourn’) the hearing

If you’re being made bankrupt, you can get free debt advice.

If you do not want to be made bankrupt

You can oppose a bankruptcy petition if you do not agree with it. You must do this at least 5 days before your bankruptcy hearing.

You do not have to pay a court fee to oppose a bankruptcy petition but you might have to pay costs if you’re not successful.

You can hire a solicitor to help. Check whether you’re eligible for legal aid.

Download and fill in form Bank 6 to oppose a bankruptcy petition.

Send the form to the court that sent you the bankruptcy petition. If it was the High Court Insolvency and Companies List, you can submit the form online.

If it was a different court you’ll need to submit the form by post. Find the address of the court that sent you the petition.

If you successfully oppose a bankruptcy petition, you must apply to both Land Charges and HM Land Registry to have your bankruptcy entry removed from their registers.

Apply to Land Charges

Send an application to cancel an entry in the Land Register (K11) to the Land Charges department.

You need to include:

  • a copy of your court order permitting the cancellation (or ‘vacation’) of the entry

  • the correct fee for each entry you want to cancel

The address is on the application form.

Check how much it costs to submit a Land Charges application.

Apply to HM Land Registry

You need to send HM Land Registry either:

You must include a copy of your court order.

The address to send it to is on the application forms.

Your documents will not be returned once the registers are updated. You can send copies if you write “I certify that this is a true copy of the original” and sign the document on the first page.

After you’ve been made bankrupt

You’ll receive a bankruptcy order. Find out what else happens after you’ve become bankrupt.

You may be able to cancel your bankruptcy and stop it being published.

If you’ve changed your gender or name

If someone else has made a bankruptcy petition against you but not noted your gender change, you must tell the person dealing with your bankruptcy (the ‘official receiver’).

View a printable version of the whole guide