Get debt help : 0800 888 666 0

Annulment of Bankruptcy

In the world of personal insolvency the annulment procedure applies to bankruptcy only. Only the court has the power to order the annulment or cancellation of a bankruptcy order that has already been made.

Annulment releases the bankrupt from the restrictions placed on him or her by insolvency law and renders him or her no longer bankrupt with immediate effect. Annulment can be sought at any time, even after the bankrupt has received discharge from bankruptcy.

Bankruptcy Annulment

Why would a bankruptcy order be annulled? There are three principal reasons chief of which is that there was a valid reason why the bankruptcy order ought not to have been made in the first place. The second reason is that the debts and expenses of the bankruptcy have either been paid in full or secured to the satisfaction of the court. The third reason is that the bankrupt has with the approval of creditors entered into an Individual Voluntary Arrangement (IVA) or into a Fast-track Voluntary Arrangement (FTVA).

Generally the bankrupt (or representative) must apply to the court for an annulment of the bankruptcy order. One exception is where the petitioning creditor’s solicitor makes the application in circumstances where their client failed to notify them that the debt had been paid in full prior to the bankruptcy. The court then sets a date for the hearing.

Visit the website of The Insolvency Service Website for a full description of the process of annulment of a bankruptcy order and find the section entitled Annulments, Rescissions and Recalls.

Contact Us







Fees and key info

We are happy to provide you with debt advice only. We only charge a fee if you opt for one of our debt solutions. Fees will depend on which debt solution we provide and what your personal circumstances are. All fees will be discussed prior to commencement of any service or debt repayment plan. Click here to read our fees and key info. Please note: From time to time we may refer you to other services providers or charities such as the CAB.

MoneyHelper

If you’d like more information on other sources of free debt help and advice you can visit MoneyHelper – an organisation, backed by government and set up to offer free and impartial advice to those in debt. - Click here to visit MoneyHelper