Discharge from bankruptcy (2024)

After a year of being bankrupt, you'll usually be discharged from bankruptcy. This releases you from any debts covered by your bankruptcy. It also takes away the restrictions of bankruptcy, unless a bankruptcy restrictions order or bankruptcy restrictions undertaking has been made.

This page explains when and how you're discharged from bankruptcy, and what happens to your debts and belongings.

If you owe money to people or companies in the EU

Your bankruptcy agreement might not cover debts you owe to people or companies in the EU.

Your creditors could keep asking you for money while you’re bankrupt and after you’re discharged from bankruptcy.

If you live in the EU, they could take you to court in the EU.

EU creditors still have to sue here in the UK rather than abroad in the EU, even if they have an existing judgment. The UK will recognise EU judgements entered or started before 31 December 2020.

Get legal advice if you have creditors in the EU. Find free or affordable legal help.

Your debts after discharge

When you're discharged from bankruptcy, you're freed from any debts that were included in your bankruptcy. You’ll still need to pay any debts bankruptcy doesn’t cover or any caused by your fraudulent activity.

Check a full list of debts you'll still need to pay after discharge.

When you'll be discharged from bankruptcy

Normally, you'll be discharged from bankruptcy after 12 months, on the first anniversary of the date the bankruptcy order was made. In some cases you might be discharged later. This is called ‘delayed discharge’.

You can use the Individual Insolvency Register to check your discharge date on GOV.UK. Your records will be removed from the register 3 months after you’re discharged.

Delayed discharge

During the bankruptcy period an 'official receiver' from the Insolvency Service handles your bankruptcy.You have a duty to co-operate with them, for example giving information when asked to do so. If you don't do this, the official receiver might ask the court to stop your discharge from taking place. This is called 'suspension of discharge'.

If your discharge from bankruptcy is suspended, you'll be told by the court whether you have to do anything in order to get your discharge.

When your income payments agreement will end

If you're making payments through an income payments agreement or income payments order, these will usually last for 3 years and will continue after your discharge.

If your income changes at all, you can apply to have the agreement or order changed.

More about income payments agreements and orders

How discharge affects your belongings

Discharge from bankruptcy doesn't mean you'll get back any belongings, even if they haven't been sold yet. It might take some time for the official receiver to deal with them.

If you come by any new assets after you've been discharged, these will usually remain yours and can't be claimed by the trustee. An important exception to this rule is any payments you receive by claiming for payment protection insurance (PPI) which was mis-sold before you become bankrupt.

How discharge affects your home

The official receiver has 3 years to take action in relation to your home, this means it won’t be affected by your discharge. Your share in your home will become yours again if they haven't done any of the following within 3 years from the date your bankruptcy order was made:

  • sold your share to someone - like your partner, friend or family member

  • applied to the court for an order that you and anyone else living in your home have to leave

  • applied to the court for a charging order

  • come to an agreement you’ll pay them the value of your share

Find out more information about how bankruptcy will affect your home.

When your bankruptcy restrictions order will end

If you've had a bankruptcy restrictions order made or have entered a bankruptcy restrictions undertaking during your bankruptcy period, this won't end when you're discharged from bankruptcy. It will carry on as long as the order or undertaking was made for.

More about bankruptcy restrictions orders

How to get proof you've been discharged

Your discharge from bankruptcy will happen automatically, so you won't necessarily get proof sent to you.

Email the Insolvency Service discharge.queries@insolvency.gov.uk to get a free confirmation letter. You should only ask for this after the discharge date.

If you ask for a confirmation letter, you must include your:

  • full name

  • date of birth

  • current and previous address

  • National Insurance number

  • court reference number

If you’re applying for a mortgage, you’ll need a ‘Certificate of Discharge’. If you originally applied for bankruptcy through a court then you’ll need to ask them for a certificate. This costs £70 and £10 for extra copies.

If you originally applied for bankruptcy online, email the Insolvency Service discharge.queries@insolvency.gov.uk for a certificate. There’s no fee for a Certificate of Discharge if you applied online.

Getting public records changed

After discharge from bankruptcy, your details will still be included in several public records. Some of these will be removed automatically after a certain time, while you'll need to take action to get others changed, as follows:

  • your details will automatically be removed from the Insolvency Register 3 months after your discharge

  • if you want your credit record to show you've been discharged, you should send confirmation to each of the credit reference agencies and ask them to update your file - remember the bankruptcy will show on your file for 6 years after the bankruptcy order

Records against property you own

To remove the record of your bankruptcy from the Land Charges Register you must do both these things:

Bankruptcy entries are automatically removed from the Land Charges register after 5 years if they’re not renewed. Find out more about what happens when bankruptcy ends on GOV.UK.

Next steps

  • PPI claims after bankruptcy

  • Bankruptcy restrictions orders

  • Co-operating with the official receiver

  • Your home and bankruptcy

  • How to update your credit reference files

  • Check the Individual Insolvency Register

  • Get advice

More information

'Guide to bankruptcy' - from the Insolvency Service

Discharge from bankruptcy (2024)

FAQs

What is a discharge in bankruptcy group of answer choices? ›

A discharge releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor.

Why would a bankruptcy discharge be denied altogether? ›

Many denials, or dismissals, are because the person filing slipped up, their circ*mstances don't meet Chapter 7 rules, or they're unwittingly, or deliberately, trying to defraud the system.

How do I oppose bankruptcy discharge? ›

Creditors receive a notice shortly after the case is filed that sets forth much important information, including the deadline for objecting to the discharge. To object to the debtor's discharge, a creditor must file a complaint in the bankruptcy court before the deadline set out in the notice.

Why is my bankruptcy discharge taking so long? ›

Things that can delay it include not filing all the paperwork on time, misrepresenting property as exempt or creditors disputing a discharge. The length of time it takes really depends on the person filing, whether they do it properly and how complicated their financial situation is.

How do I get my discharge from bankruptcy? ›

Copy Sent By Clerk's Office: The Clerk's Office will mail a copy of the discharge to the debtor, the case trustee, and all creditors. The discharge will be mailed to the addresses shown in the debtor's list of creditors or in the schedules, whichever is filed later.

Can you negotiate with creditors after Chapter 13 dismissal? ›

Yes, you can negotiate with creditors after a Chapter 13 dismissal. Once the case is dismissed, creditors can resume collection efforts, and you may be able to negotiate payment plans or settlements directly with them.

What Cannot generally be discharged in bankruptcy? ›

Perhaps the most common debts that cannot be discharged under any circ*mstances are child support, back taxes, and alimony.

What would disqualify you from Chapter 7? ›

5 Reasons Your Bankruptcy Case Could Be Denied

The debtor failed to attend credit counseling. Their income, expenses, and debt would allow for a Chapter 13 filing. The debtor attempted to defraud creditors or the bankruptcy court. A previous debt was discharged within the past eight years under Chapter 7.

Will a bankruptcy discharge all types of debt? ›

Does Bankruptcy Clear All Debt? No. Although bankruptcy erases many types of debt, not all obligations are discharged.

What item Cannot be discharged through bankruptcy? ›

Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.

What are the grounds for objecting to discharge? ›

Objecting to a Discharge Generally

This might be appropriate when the debtor lied to the bankruptcy judge or trustee, made false statements on the bankruptcy petition, fraudulently transferred title to property, destroyed property, or disregarded a court order.

How often do creditors object to discharge? ›

Creditors rarely object to discharge, but when they do, they can prolong the process and prevent the debtor from having certain debts discharged.

How long after 341 meeting until discharge? ›

The Court enters an order discharging individual Debtors after all requirements are met, but no sooner than the last day to object to the Debtor's Discharge. This is usually 60 days after the 1st setting of the 341 Meeting of Creditors unless a motion is filed with the court to extend that time.

What can go wrong at a 341 meeting? ›

During your 341 Meeting, you will be asked to answer questions under oath. You are swearing that you are going to answer all of the questions truthfully. The only wrong answers to the questions asked is a dishonest answer.

What can you not do after filing bankruptcy? ›

For example, you cannot:
  • Incur further debt.
  • Use credit or credit cards.
  • Enter into leases without court approval.

What is being discharged from bankruptcy? ›

To be discharged from bankruptcy means that you are released from all obligations to repay debts included in your bankruptcy filing. A full and complete discharge is the primary advantage of filing bankruptcy when an insolvent person seeks relief under the Bankruptcy and Insolvency Act.

What is it called when a bankruptcy is discharged? ›

A bankruptcy discharge, also known as a discharge in bankruptcy or simply as a discharge, is a permanent court order that releases a debtor from liability for certain types of debts at the end of the bankruptcy process.

What does it mean when a case is discharged? ›

A discharge is a type of sentence imposed by a court whereby no punishment is imposed. An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any punishment of the defendant would be inappropriate and the case is closed.

What is a chapter 7 discharge quizlet? ›

chapter 7. This is a liquidation bankruptcy, which means that the trustee sells off all non-exempt assets held by the debtor so that the debts can be repaid to the fullest extent possible. Anything that cannot be paid after liquidation is discharged.

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