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The information on this page refers to bankruptcy in England and Wales. If you live in Northern Ireland or Scotland the process is different.
How to Submit your Bankruptcy Application
Once you have completed your online form it is ready to submit. You do this by simply logging into your account and clicking the “submit” button. You do not have to go to the Court.
Before you are allowed to click the submit button you must pay the required Government fee. You can pay in installments of as little as £5 a time. However your form cannot be submitted until the fee has been paid in full.
Once your application is submitted it will be reviewed by the Office of the Adjudicator. This is a Government Department. The status of your online application will change to “Being Considered”.
The Adjudicator cannot advise whether bankruptcy is right for you. If you need further advice make sure you contact us before submitting your application.
When will you be declared Bankrupt?
The Adjudicator decides whether or not you should be made bankrupt. Legally they must give you a decision within 28 days. However where it is clear that you qualify in terms of your COMI (where you live) you will normally be declared bankrupt the next working day.
It it is not clear to the Adjudicator where you live they will ask for further information. This may be in the form of a proof of address or in some cases bank statements to prove you have been living in England or Wales for the past 6 months.
If the Adjudicator has additional questions they will contact you by e-mail. You will be asked to respond by e-mail but you can also speak to them on the telephone if necessary.
Once you are declared bankrupt you will receive an e-mail confirming this. A confirmation letter and copy of your Bankruptcy Order will be available for you to download from the on-line system.
Could your Bankruptcy Application be Rejected?
Given your COMI has been England or Wales for the past 6 months the Adjudicator will almost certainly accept your application. In other words once it has been submitted you will be declared bankrupt.
This is the case even if bankruptcy is not the most appropriate solution for you. For example if your debt is less than £20,000 you might be better off applying for a Debt Relief Order. However the Adjudicator is not able to advise you of this.
If the Adjudicator feels your COMI is not in England or Wales they will reject your application. You will be informed of this by e-mail. In these circumstances the Bankrupty Deposit element of the fee you have paid will be refunded to you.
If your application is rejected you will have to right to appeal. If you feel your application should have been accepted talk to us for more advice.