How do I annul the Bankruptcy?

Annulling bankruptcy means to cancel the bankruptcy and can only be achieved by order from the court.

You can apply for an annulment at any time if:

• The bankruptcy order should not have been made in the first place. This may be because of an error in making the order for example.
• All your bankruptcy debts and the fees and expenses of the bankruptcy proceedings have been either paid in full or secured (guaranteed) to the satisfaction of the court.
• You have entered into an "Individual Voluntary Arrangement" with your creditors to repay all or a percentage of your debts.

How do I apply for annulment?

The way in which you apply for annulment will depend on which of the above three reasons your bankruptcy is being annulled. You should contact the Insolvency Service to establish how. Alternatively, you may wish to visit the Insolvency Service web site.

Unless you are informed otherwise, you should still go to the official receiver's office and provide any information you are asked for. The court might not annul the bankruptcy order until the official receiver confirms that you have done so.

How do I stop the bankruptcy order being advertised?

If you wish to stop the bankruptcy from being advertised following your annulment, speed is of the essence. If you have applied, or you think you will be able to apply, for an annulment, you may be able to apply to the court for a "stay of advertisement". You should telephone the court and state that you wish to apply for a stay of advertisement of the bankruptcy order. You should also inform the official receiver that you are making this application.

The official receiver must advertise the bankruptcy order in a newspaper and in "The London Gazette" (an official publication which contains legal notices). These actions can only be stopped by a court order.

What is the effect of the bankruptcy annulment?

An annulment has the effect in law that the bankruptcy order was never made. You will revert to your pre-bankruptcy status. Disposals of your property by the official receiver and the trustee will remain valid and will not be reversed. Any other assets will be returned and you will be liable for any of your debts that have not been paid in the bankruptcy.