Discharge from bankruptcy (2024)

After a year of being bankrupt, you'll usually be discharged from bankruptcy. This releases you from any debts covered by your bankruptcy. It also takes away the restrictions of bankruptcy, unless a bankruptcy restrictions order or bankruptcy restrictions undertaking has been made.

This page explains when and how you're discharged from bankruptcy, and what happens to your debts and belongings.

If you owe money to people or companies in the EU

Your bankruptcy agreement might not cover debts you owe to people or companies in the EU.

Your creditors could keep asking you for money while you’re bankrupt and after you’re discharged from bankruptcy.

If you live in the EU, they could take you to court in the EU.

EU creditors still have to sue here in the UK rather than abroad in the EU, even if they have an existing judgment. The UK will recognise EU judgements entered or started before 31 December 2020.

Get legal advice if you have creditors in the EU. Find free or affordable legal help.

Your debts after discharge

When you're discharged from bankruptcy, you're freed from any debts that were included in your bankruptcy. You’ll still need to pay any debts bankruptcy doesn’t cover or any caused by your fraudulent activity.

Check a full list of debts you'll still need to pay after discharge.

When you'll be discharged from bankruptcy

Normally, you'll be discharged from bankruptcy after 12 months, on the first anniversary of the date the bankruptcy order was made. In some cases you might be discharged later. This is called ‘delayed discharge’.

You can use the Individual Insolvency Register to check your discharge date on GOV.UK. Your records will be removed from the register 3 months after you’re discharged.

Delayed discharge

During the bankruptcy period an 'official receiver' from the Insolvency Service handles your bankruptcy.You have a duty to co-operate with them, for example giving information when asked to do so. If you don't do this, the official receiver might ask the court to stop your discharge from taking place. This is called 'suspension of discharge'.

If your discharge from bankruptcy is suspended, you'll be told by the court whether you have to do anything in order to get your discharge.

When your income payments agreement will end

If you're making payments through an income payments agreement or income payments order, these will usually last for 3 years and will continue after your discharge.

If your income changes at all, you can apply to have the agreement or order changed.

More about income payments agreements and orders

How discharge affects your belongings

Discharge from bankruptcy doesn't mean you'll get back any belongings, even if they haven't been sold yet. It might take some time for the official receiver to deal with them.

If you come by any new assets after you've been discharged, these will usually remain yours and can't be claimed by the trustee. An important exception to this rule is any payments you receive by claiming for payment protection insurance (PPI) which was mis-sold before you become bankrupt.

How discharge affects your home

The official receiver has 3 years to take action in relation to your home, this means it won’t be affected by your discharge. Your share in your home will become yours again if they haven't done any of the following within 3 years from the date your bankruptcy order was made:

  • sold your share to someone - like your partner, friend or family member

  • applied to the court for an order that you and anyone else living in your home have to leave

  • applied to the court for a charging order

  • come to an agreement you’ll pay them the value of your share

Find out more information about how bankruptcy will affect your home.

When your bankruptcy restrictions order will end

If you've had a bankruptcy restrictions order made or have entered a bankruptcy restrictions undertaking during your bankruptcy period, this won't end when you're discharged from bankruptcy. It will carry on as long as the order or undertaking was made for.

More about bankruptcy restrictions orders

How to get proof you've been discharged

Your discharge from bankruptcy will happen automatically, so you won't necessarily get proof sent to you.

Email the Insolvency Service discharge.queries@insolvency.gov.uk to get a free confirmation letter. You should only ask for this after the discharge date.

If you ask for a confirmation letter, you must include your:

  • full name

  • date of birth

  • current and previous address

  • National Insurance number

  • court reference number

If you’re applying for a mortgage, you’ll need a ‘Certificate of Discharge’. If you originally applied for bankruptcy through a court then you’ll need to ask them for a certificate. This costs £70 and £10 for extra copies.

If you originally applied for bankruptcy online, email the Insolvency Service discharge.queries@insolvency.gov.uk for a certificate. There’s no fee for a Certificate of Discharge if you applied online.

Getting public records changed

After discharge from bankruptcy, your details will still be included in several public records. Some of these will be removed automatically after a certain time, while you'll need to take action to get others changed, as follows:

  • your details will automatically be removed from the Insolvency Register 3 months after your discharge

  • if you want your credit record to show you've been discharged, you should send confirmation to each of the credit reference agencies and ask them to update your file - remember the bankruptcy will show on your file for 6 years after the bankruptcy order

Records against property you own

To remove the record of your bankruptcy from the Land Charges Register you must do both these things:

Bankruptcy entries are automatically removed from the Land Charges register after 5 years if they’re not renewed. Find out more about what happens when bankruptcy ends on GOV.UK.

Next steps

  • PPI claims after bankruptcy

  • Bankruptcy restrictions orders

  • Co-operating with the official receiver

  • Your home and bankruptcy

  • How to update your credit reference files

  • Check the Individual Insolvency Register

  • Get advice

More information

'Guide to bankruptcy' - from the Insolvency Service

Discharge from bankruptcy (2024)

FAQs

Discharge from bankruptcy? ›

What is a discharge in bankruptcy? A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.

How long are you discharged from bankruptcy? ›

Automatic discharges are issued after 9 or 21 months if you are filing Bankruptcy for the first time and have completed your duties. The 9 month timeline is applicable if your income is modest.

Are you automatically discharged from bankruptcy? ›

Bankruptcy usually lasts for 12 months. You are automatically 'discharged' at the end. You are not responsible for the debts in your bankruptcy after it ends.

What is the difference between bankruptcy discharge and release? ›

A discharge in bankruptcy is a release of the debtor from further liability for debts that had been subject to bankruptcy proceedings. Discharge and dismissal are different in bankruptcy. While discharge clears the future liability of the debtor, dismissal means the debtor's bankruptcy case is dismissed.

What does it mean when Chapter 13 bankruptcy is discharged? ›

The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

Is a bankruptcy discharge good or bad? ›

A bankruptcy discharge is a legal tool that can help get you get out of a debt, but it comes with serious consequences. Even if a discharged debt sounds like a good idea, you should weigh the pros and cons before going down this path, which can harm your credit for years.

How long after discharge can you file bankruptcy again? ›

If your Chapter 7 bankruptcy ended with your debts being discharged, you must wait a minimum of eight years before filing for Chapter 7 bankruptcy again. Remember, the time clock starts when you filed your previous Chapter 7 bankruptcy — not from the discharge date.

What can't be discharged in bankruptcy? ›

Debts not discharged include debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal ...

Is bankruptcy discharge considered income? ›

Debts discharged through bankruptcy are not considered taxable income. If you are an individual debtor who files for bankruptcy under chapter 7 or 11 of the Bankruptcy Code, a separate “estate” is created consisting of property that belonged to you before the filing date.

How long will a bankruptcy affect me? ›

Even when the bankruptcy is discharged—meaning you won't be liable for that debt anymore—it won't be removed from credit reports. The status of the bankruptcy will be updated, but it could still take up to seven to 10 years from the bankruptcy filing date for the bankruptcy to be removed from credit reports.

Will bankruptcy discharge show on credit report? ›

The credit bureaus collect information regarding bankruptcy cases from the Bankruptcy Court's public records. No matter the status of your case (open, closed, discharged, dismissed, etc.) the credit bureaus can still report your case on your credit report for up to ten years.

What does it mean when a case is discharged? ›

A discharge is a type of sentence imposed by a court whereby no punishment is imposed. An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any punishment of the defendant would be inappropriate and the case is closed.

What is the average credit score after Chapter 13 discharge? ›

The truth is that bankruptcy can definitely tank people's credit scores. But in most cases, these people already have a bad credit score because of how much debt they have. In fact, the average credit score after a bankruptcy discharge can vary between 400 and 530.

Do you get money back after Chapter 13 discharge? ›

If you are due a refund in your case, any refund will usually be issued mid-month following the completion of the case. Therefore, it is important that you keep your address current with your attorney and the Bankruptcy Court so that you can receive important documents and any refund at the completion of your case.

Will Chapter 13 leave me broke? ›

When your Chapter 13 case is dismissed, you are often in a far worse financial position. That's because the interest on your unpaid debts has continued to mount as you've struggled to make payments. And once you're out of bankruptcy protection, you have more debt than ever.

Is it better to file a Chapter 7 or 13? ›

Or somewhat more accurately, Chapter 13 can give you more power over and flexibility with certain kinds of creditors, and if you have non-exempt assets. However, if you do not have those kinds of debt or assets, or not much in terms of tangible assets, then Chapter 7 would likely be the faster and easier option.

How do you know you are discharged from bankruptcy? ›

Once the bankruptcy judge issues your discharge, you are no longer legally required to pay the debt. Though you can voluntarily pay the debt later, the creditor can't try to collect it from you. The Discharge of Debtor is stamped with the judge's name, but the Clerk of Court issues it.

How long is a Chapter 7 discharge? ›

A Chapter 7 bankruptcy can take four to six months to do, from the time you file to when you receive a final discharge – meaning you no longer have to repay your debt. Various factors shape how long it takes to complete your bankruptcy case. You will have to take care of some tasks before you file.

Why is my bankruptcy discharge taking so long? ›

If you have assets that are subject to liquidation by a Chapter 7 trustee, the trustee may take more time than you expect to liquidate those assets, and then the trustee has other administrative tasks to perform.

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