How Do I Annul My Bankruptcy?

There are, broadly, two basis on which the Court will annul your bankruptcy:

On the basis that you have paid all of the unsecured creditors in your bankruptcy and all of the costs of your bankruptcy.
The bankruptcy order should never have been made against you.

It is very difficult to establish that the bankruptcy order should not have been made against you, and it is only very rarely that we see cases that meet the required threshold. It is much more common for us to see clients who are able to annul their bankruptcy on the basis that they have been all of the unsecured creditors and costs in the bankruptcy.

You might like to read our page: WHAT DO I NEED TO DO IN ORDER TO ANNUL MY BANKRUPTCY for further information on this.

Free expert advice in minutes. Fill out the form & we’ll call you back

Name
First Last
Phone
Email
Bankruptcy Status
Estimated Debt Amount
Consent*
I agree to the Privacy Policy.

There are, broadly, two basis on which the Court will annul your bankruptcy:

On the basis that you have paid all of the unsecured creditors in your bankruptcy and all of the costs of your bankruptcy.
The bankruptcy order should never have been made against you.

It is very difficult to establish that the bankruptcy order should not have been made against you, and it is only very rarely that we see cases that meet the required threshold. It is much more common for us to see clients who are able to annul their bankruptcy on the basis that they have been all of the unsecured creditors and costs in the bankruptcy.

You might like to read our page: WHAT DO I NEED TO DO IN ORDER TO ANNUL MY BANKRUPTCY for further information on this.

Free expert advice in minutes. Fill out the form & we’ll call you back

Name
First Last
Phone
Email
Bankruptcy Status
Estimated Debt Amount
Consent*
I agree to the Privacy Policy.

How fast can i set up the process?

In order to start the ball rolling, it is necessary to issue an Insolvency Act Application Notice at Court; and then to serve this on the Official Receiver and any Trustee in Bankruptcy that might have been appointed. We work with specialist solicitors who are vastly experienced in annulment applications to ensure that everything starts on the right foot and that the application is made without any problems.

In addition to the Application Notice, it is also necessary for a witness statement to be filed with the Court and sent to the otherside. The purpose of the witness statement is to set out the grounds on which you seek to annul your bankruptcy, and to explain how that process will be achieved and how the necessary funds will be obtained.

How fast can i set up the process?

In order to start the ball rolling, it is necessary to issue an Insolvency Act Application Notice at Court; and then to serve this on the Official Receiver and any Trustee in Bankruptcy that might have been appointed. We work with specialist solicitors who are vastly experienced in annulment applications to ensure that everything starts on the right foot and that the application is made without any problems.

In addition to the Application Notice, it is also necessary for a witness statement to be filed with the Court and sent to the otherside. The purpose of the witness statement is to set out the grounds on which you seek to annul your bankruptcy, and to explain how that process will be achieved and how the necessary funds will be obtained.

Lets get to work!

Once this has happened, we get to work on liaising with the Official Receiver and any Trustee in Bankruptcy that you may have had appointed, in order to ensure that we have all of the information necessary to allow the annulment to proceed smoothly. There is a lot of work required at this stage, and sometimes it can take us a few months to get all of the information that we need.

In the meantime, it is likely that the Court will send us a date for your annulment hearing. That is the day on which the Court will consider whether or not it should annul your bankruptcy and return you to the position you were in prior to the bankruptcy order being made against you.

You do not need to attend the annulment hearing, but you are free to go along if you like. We will usually arrange for an advocate to attend the hearing on your behalf to make the day as stress-free as possible for you.

Prior to the hearing, the solicitors who have been appointed to annul your bankruptcy will be required to file an undertaking with the Court. That is a promise to the Court that the solicitors hold enough money to be able to pay all of the debts and expenses of your bankruptcy. This means that, prior to the hearing, we will need to have established exactly how much money you owe and to who; and we then need to arrange for that sum of money to be sent to the solicitors so that they can make their promise to the Court.

Lets get to work!

Once this has happened, we get to work on liaising with the Official Receiver and any Trustee in Bankruptcy that you may have had appointed, in order to ensure that we have all of the information necessary to allow the annulment to proceed smoothly. There is a lot of work required at this stage, and sometimes it can take us a few months to get all of the information that we need.

In the meantime, it is likely that the Court will send us a date for your annulment hearing. That is the day on which the Court will consider whether or not it should annul your bankruptcy and return you to the position you were in prior to the bankruptcy order being made against you.

You do not need to attend the annulment hearing, but you are free to go along if you like. We will usually arrange for an advocate to attend the hearing on your behalf to make the day as stress-free as possible for you.

Prior to the hearing, the solicitors who have been appointed to annul your bankruptcy will be required to file an undertaking with the Court. That is a promise to the Court that the solicitors hold enough money to be able to pay all of the debts and expenses of your bankruptcy. This means that, prior to the hearing, we will need to have established exactly how much money you owe and to who; and we then need to arrange for that sum of money to be sent to the solicitors so that they can make their promise to the Court.