Removing or annulling your bankruptcy

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Options to remove your bankruptcy order

If you were made bankrupt and you want to get out of it there are three main options either:-

• There is a way to pay off all of the debts, costs, fees and liabilities of the bankruptcy in full via a court application; or
• Ask the court to annul the bankruptcy on the grounds that the bankruptcy order should not have been made because of an error or a mistake.
• The court can also annul the bankruptcy if it is satisfied that creditors have approved an Individual Voluntary Arrangement (“IVA”).  An IVA is an agreement with creditors to pay all or part of the debt.  Creditors may approve an arrangement like this when it is demonstrated that they will receive a better return under an IVA than they would in a bankruptcy.

At Francis Wilks & Jones we regularly advise those made bankrupt who need to get the bankruptcy removed.

Why was I made bankrupt?

It may be that you missed the court hearing or papers were not served correctly or maybe the bankruptcy came as a complete surprise.  Whatever the reason, we provide advice from experience as to the most cost effective and achievable option to enable you to cancel your bankruptcy.

Common Factors

It is a mistake to believe that just because you have sufficient assets to pay the debt that the Court will not make you bankrupt. 

If you are made bankrupt and the sale of property or assets will pay your bankruptcy in full with money left over then to remain in bankruptcy may well be more expensive for you.

Real solutions

At FWJ we work with you to find a resolution which might not be to remain in bankruptcy.  For example, it is possible to annul a bankruptcy and borrow money whilst bankrupt to be secured over the bankruptcy property.

Call us today for help

Whatever the nature of your enquiry, one of our team will be able to help. If your enquiry is urgent, contact Partner Stephen Downie direct and he will speak to you today.

A rollercoaster ride on a journey into the not uncomplicated world of insolvency law was made infinitely better, thanks to founding partner Tim Francis’ superior and expansive knowledge of this field of law. Along with a sterling effort in pursuing an important bankruptcy petition, they helped very much smooth the journey. Tim went over and above, throughout, keeping us updated through regular and clear communication. Many thanks.

A client for whom we assisted in pursuing an urgent bankruptcy matter