Voluntary Bankruptcy

Glossary

Compliance

Voluntary Bankruptcy

In a voluntary bankruptcy scenario, a debtor (individual or company) takes voluntary action to declare bankruptcy rather than wait for creditors to initiate proceedings through the courts. The process of declaring oneself bankrupt means that debtors are discharged from eligible unsecured debt liabilities (typically after a year in the UK). The courts will seek to recover secured debt through the forced sale of the collateral, depending on the situation of each debtor. Once the official receiver has a record of income, assets and expenses, they will make a decision on how these can be applied to meet liabilities. Creditors will be required to lodge formal claims to reclaim the money they are owed: they are not permitted to ask debtors for money directly; nor are debtors permitted to pay creditors directly once a bankruptcy petition has been filed.

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