Can I File For Bankruptcy?

August 14, 2009 No Comments
 

 Anyone can apply for bankruptcy but there are both disadvantages and advantages in doing so as outlined below:

 

 

 

Advantages

  • Your existing company debts are completely written off, leaving you free of debt within 12 months. (However – there is a chance that you could end up making payments for approx 3 years through a binding ‘Income Payments Order’ if issued by court order)
  • If you are residing in rented accommodation and your rental payments are up to date; You will still be able to reside there and continue with your rental payments.
  • Creditors will have to accept that they will be only able to claim less money than is owed to them; A court will alleviate any demanding creditors’ phone calls and letters to you as all correspondence will be dealt with by a third party.

 Disadvantages

  • Complete loss of control of assets.
  • Inability to apply for credit in excess of £250 without the lenders consent.
  • You may be publicly examined in court.
  • Additionally you will not be permitted to be involved, take part or act in the follow:
  • Act as a company director.
  • Take part in the promotion, or management of a limited company (LTD)
  • Cannot trade in any business under another name unless you inform all parties concerned of the bankruptcy.
  • May not practice as a Charted Accountant / Lawyer.
  • May not act as a Justice of the peace.
  • May not become an member of parliament.
  • May not become a member of a local authority.

 

If you are contemplating on filing for bankruptcy – you can start the process by filling out the necessary forms at:  http://www.insolvency.gov.uk

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