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One of the things that might put you off bankruptcy is the application fee. However there are various things you can consider to help you get the money together.
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The information given on this page relates to England or Wales. The application fee and methods of payment are different in Northern Ireland and Scotland.
If you want to go bankrupt you will have to pay a fee. Everyone has to pay this in full. There is no option for a reduction even if you are on a low income or in receipt of certain benefits.
You may have read that you can pay in instalments. This is correct. Once you have registered with the government’s application system you can make payments towards the total in increments of as little as £5.
However it is not possible to submit your application and get the protection from your creditors that bankruptcy provides until the fee is paid in full.
Your bankruptcy application cannot be submitted to the Adjudicator until the fee is paid in full.
Borrowing more money when you are considering bankruptcy may seem like the wrong thing to do. However this can be a simple solution to the problem of how to pay the application fee.
You might be able to borrow from family or friends. You will be able to pay them back once your bankruptcy has ended. However if you do not know anyone who can help you could also use an available credit card or overdraft facility.
Borrowing money to pay for your bankruptcy fee is not considered fraudulent and will not mean your application is viewed in a different light. The Official Receiver will take the view that it is reasonable to borrow a little more to stop your overall debt problem getting any worse.
Borrowing to pay for your bankruptcy application fee is not ideal. However it will not negatively affect the outcome of your application.
It may may decide to save the money you need to pay your application fee. Once of the things that will help you do this is to stop making further payments towards the unsecured debts that will be included.
Once you stop paying these creditors are likely to start harassing you for money. However tell them you have taken decided to go bankrupt. Ask them to put your account on hold to give you time to save for the fee. Most will be helpful in this regard.
If your car is worth more than £1000 you could consider selling it. You can use the money from the sale to buy a cheaper car and pay for your bankruptcy fee.
Some charities and utility companies have funds available to help people to pay for bankruptcy. It is possible that they will simply give you the money you need if you apply:
Once you have paid your fee and submitted your application it will be reviewed by the Adjudicator. As long as you qualify for bankruptcy then it is almost certain that it will be accepted.
However if for any reason it is rejected you will get back the majority of the fee you have paid. This is because fee is actually made up of two elements. One is called the application fee and the other the bankruptcy deposit.
After your application has failed you will be returned the bankruptcy deposit element. However the smaller element (the application fee) will be retained by the government to cover the Adjudicator’s costs.
Hi my father in law is considering bankruptcy he lives in an annexe attached to my house. My wife and I own the entire property.However he made a contribution to the purchase price (280k) of 90 k three and a half years ago as he sold a large house which was mortgaged.
The annexe is a separate property with its own address power water etc. He does not pay rent or make any financial contribution to my household bills. Following renovation the house is worth 350k with 40k mortgage. Can the OR force me to sell the house? His name is not on the land registry deeds or the mortgage.There is a planning restriction preventing the sale of the annexe as a separate dwelling
Hi William
Based on the fact that your father in law effectively gave £90k of his own money to help you buy the property I would say this is clear evidence that he has a financial interest in it. As as a result if he goes bankrupt I believe the official receiver will argue this figure must be released from the property.
Basically your father in law would be treated as a joint owner. If you can’t come up with the funds then yes the OR could start proceedings to force the sale of the whole property in order to release the money that way.
Given this I would strongly advise that he does not go bankrupt before getting further advice. The official receiver will certainly discover the investment he made in the property when they ask him what he did with the proceeds of the house he sold 3.5 years ago…… Please give me a call (0800 044 3194) and I would be more than happy to discuss this with you / him.
Will my partners income be taken into account if I go bankrupt.
Hi Geraldine
When you go bankrupt you will need to give details of your partner’s income on your application form. This is so the official receiver can understand your total household income. You will also need to submit your total household expenditure budget.
If there is surplus (after taking the expenses total away from the total income) the official receiver will split this between you and your partner. Your partner can keep their share to do what they like with. Your share would have to be paid to the OR in the form of monthly payments.
The split is done pro rata based on the percentage of the income you both bring in.