Confirm you are Discharged from Bankruptcy
- 23 Dec 2021
You will normally be discharged from Bankruptcy automatically after 12 months. You can request written confirmation if you need it.
Jump to article contents:
- Check if you are discharged from Bankruptcy
- Get a Discharge Certificate (bankrupt after April 16)
- Get a Discharge Certificate (bankrupt before April 16)
- Is it possible to confirm a Debt Relief Order is finished?
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How to check you are Discharged from Bankruptcy
Bankruptcy lasts for 12 months. After this time you are automatically discharged. However the Official receiver will not give you any notification of this at all. It happens automatically.
You can check the date you are due to be discharged by looking up your details on the Insolvency Register. Your details will remain on the register for 3 months from the date of your discharge.
After that they will be taken off and will no longer appear if you search for them. Then the only record of you having been bankrupt is the London Gazette archives.
You cannot get early discharge from Bankruptcy. However the period you are bankrupt might be extended if you do not co-operate with the Official Receiver.
How to get a Discharge Certificate (if Bankrupt after April 16)
The fact that you do not receive written confirmation that you have been discharged from Bankruptcy is nothing to worry about. In general it is not needed. However you can request a Discharge Certificate if you want one.
If you went bankrupt after April 2016 (using the Government’s on-line system) then the Insolvency Service will e-mail you a certificate for free. You need to send a request using the following details:
The e-mail address to use to request a Discharge Certificate is: Discharge.Queries@insolvency.gov.uk. You will need to include the following details in your e-mail:
- Your full name
- Date of Birth
- National Insurance Number
- Bankruptcy Court Ref (if date of bankruptcy before April 16)
- Bankruptcy Reference (if date of bankruptcy after April 16)
- Current address
- The address you lived at when you were declared bankrupt (if different)
If you went bankrupt before April 2016 you can get a letter which confirms the date of your discharge by sending an e-mail request as detailed above. However if you want a Discharge Certificate you will have to pay for it (see below).
Get a Discharge Certificate (If Bankrupt before April 16)
The confirmation of discharge letter provided by the Insolvency Service simply confirms the recorded date you were discharged. If you want a Certificate of Discharge you will have to make a formal application.
You will need to use form LOC013. Once completed this form must be sent together with a fee for £70 to the local County Court which dealt with your bankruptcy.
Your payment should by Cheque or Postal Order made payable to HMCTS. You will normally receive your Certificate within three to four weeks of the Court office receiving your application.
If you were made bankrupt at the Royal Courts of Justice in the High Court then you should make your application to the High Court at the Rolls Building. If you were made bankrupt at the Royal Courts of Justice in the County Court then you should make your application to the Central London County Court sitting at the Thomas More Building.
Can you get Confirmation of Discharge from a Debt Relief Order?
If you used a Debt Relief Order (DRO) the moratorium period lasts for 12 months. After this time the Order automatically comes to an end. You will not receive any confirmation from the Official receiver that your DRO has finished.
You can check the date that your DRO is due to finish on the Insolvency register. However this record will only remain for 3 months after that date. Then there is then no public record of Order ever having existed.
If you wish you can request a letter confirming your are discharged from your debts. The insolvency service has a dedicated Debt Relief Order team based in Plymouth. The telephone number to contact the team is 01752 635200 Alternatively you can e-mail your request directly to the DRO team at DRO.Unit@insolvency.gov.uk.
I was made bankrupt by tax man 20 years ago, am i still bankrupt?
Hi Bill
Discharge from bankruptcy is automatic. Therefore, as long as the official receiver did not suspend your discharge for any reason at the time, your bankruptcy should have ended after 3 years. Bankruptcy normally lasted 2-3 years prior to changes in 2002. So if you went bankrupt before then, it would normally have lasted for that length of time.
You can double check that you were discharged by searching for your name on the Insolvency register (the first section of the above article gives more information on how to do this).
If you are not listed, you can be confident you are no longer bankrupt. If you are still listed, you do remain bankrupt and you will need to contact the Official Receiver to sort it out.
Does the OR need to serve you notice if your discharge is suspended?
Hi Gavin
If the OR believes there are grounds to suspend your discharge, they will make all reasonable attempts to contact you regarding this.
One of the main reasons for a suspension is non co-operation. Non co-operation is most common where the bankrupt person can’t be contacted. All the OR can do is use the contact details they have for you.
If you made yourself bankrupt, you should have provided all your contact details (tel, mob. email and address). If you were made bankrupt, probably the only details they have are your last known address.
If – having made reasonable attempts to contact you using the details they have – they don’t hear from you, the suspension will be issued. This will remain in place until they are able to speak to you and carry out their investigation of your affairs.
If you think a suspension has been issued either with or without discussion or notification with you, you must contact the OR’s office, make yourself known to them and start co-operating with them. Once they have been able to complete their investigation of your circumstances and affairs, they will lift the suspension.
I was made bankrupt 2003 but i am still not sure if i am free
Hi Brian
The best way to check whether you are still bankrupt is to search your name on the IIR (Individual Insolvency Register). See the first section of the above article for more information on this.
If you are not listed, you can be confident that you have been discharged.