Discharge from bankruptcy

When you’re discharged from bankruptcy:

• any debts included in your bankruptcy will be written off 
• the restrictions of bankruptcy will end, unless there’s a bankruptcy restrictions order or a bankruptcy restrictions undertaking in place

Not all debts can be included in bankruptcy. 

You’ll still need to pay any:

• criminal fines
• child maintenance arrears
• TV licence arrears
• student loans
• fraudulent debts

You’ll normally be discharged from bankruptcy on the first anniversary of the date your bankruptcy order was made.

Check your discharge date on the Individual Insolvency Register. Your details will be removed from the register three months after you’re discharged.

Yes, your discharge can be delayed if you don’t cooperate with the official receiver handling your bankruptcy. 

For example, the official receiver might ask the court to stop your discharge from bankruptcy if you:

• don’t give them information they ask for 
• try to hide assets. 

This means you will stay bankrupt until you start cooperating. This is called ‘suspension of discharge’.

If the official receiver believes that your bankruptcy was caused by dishonest or reckless behaviour, your bankruptcy restrictions may be extended.

They will do this with a bankruptcy restrictions order (BRO) or a bankruptcy restrictions undertaking (BRU). 

This won’t end when you’re discharged and can last anywhere between 2 and 15 years. 

Although you’re automatically discharged from bankruptcy, you won’t receive formal proof unless you ask for it. 

You can email the Insolvency Service for a free confirmation letter after your discharge date. 

Make sure to include your:

• full name
• date of birth
• current and previous addresses
• national insurance number
• court reference number

You’ll need a ‘certificate of discharge’ if you’re applying for a mortgage and there might be a fee:

• If you applied for bankruptcy through a court, you’ll need to ask them for a certificate. It’ll cost £70 and £10 for any subsequent copies. 
• If you applied online, you can email the Insolvency Service for a free certificate. 

Discharge from bankruptcy doesn’t mean you get your belongings back, even if they’ve not been sold yet. 

But assets you get after being discharged can’t be claimed by the official receiver – except for money you get for mis-sold payment protection insurance that you took out before your bankruptcy.

If you have an income payment arrangement (IPA), it’ll usually last for three years. Because an IPA can be set up at any point in your bankruptcy, this means you might be making payments for up to three years after you’re discharged.

Bankruptcy will usually stay on your credit file for six years from the date it was agreed. If you have a BRO or BRU, it could stay on your file longer. 

Your home won’t be affected by the discharge as the official receiver has three years to sort out what to do with any equity. Equity is the part of the home you own minus any remaining mortgage.

Depending on how much equity you have, the official receiver could: 

• sell your home 
• get a charging order so they can take any equity if you sell or remortgage further down the line 
• give it back to you if it’s a small amount 

When you declare bankruptcy, it’s recorded against any property you own on the Land Charges Register.

To remove the record of your bankruptcy:

• fill in land charges form K11 (there’s a £1 charge for each entry you want to cancel); and
• apply to HM Land Registry 

Alternatively, records of bankruptcy are automatically removed from the Land Charges Register after five years.