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Debtor Guide - Bankruptcy

This guide provides general advice on bankruptcy for people who have been made bankrupt

What happens to my debts after I am discharged?

You do not have to repay the debts which you had when you were made bankrupt, although there are some exceptions to this.

You are still responsible for paying:

  • fines, penalties, compensation, and forfeiture orders imposed by any court
  • any liability due to fraud including benefit overpayments
  • any obligation to pay aliment
  • some student loans
  • money owed to someone who holds a security on your property, such as a mortgage or secured loan

If you owe money to the Department for Work and Pensions your trustee will be able to advise you if this money needs to be paid back after your bankruptcy ends.

Apart from the exceptions listed above, your pre-bankruptcy creditors will not be able to take any legal action against you to recover their debts. A creditor can still act against anyone else, for example, your spouse, who had a joint liability for the debt.

You are still responsible for making payments to your secured creditor, for example, for the mortgage on your house.

You are also responsible for repaying any debts which you have run up after you were made bankrupt, for example, on-going liabilities for rent, council tax, gas, electricity, or telephone bills.

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