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Do All My Debts Need to be Included in My UK Bankruptcy?

“Dear Jon,

First let me say thank you for such an informative web site it has been a good place to get many answers to questions I have.

I am about to make myself bankrupt as I have been struggling with my bills and accounts for years now. But I am unsure if everyone I owe will be included in the bankruptcy. I am worried because I don’t want to go bankrupt and still be in a band situation. ”

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The Answer

Hi,

I know what you are saying, there would be nothing worse then to go bankrupt, and still owe and struggle with debts.

You failed to mention about any specific account or debt, but I’ll try to help out.

In bankruptcy all or most types of unsecured debts are included, but not any secured loans such as a mortgage, or any other secured type loan. Also, charging orders are not included in bankruptcy as they are now secured by a property.

There are a few types of unsecured loans that cannot be included in bankruptcy, such as student loans.

This article below will help to explain this in more detail:

What Cannot be Included in Bankruptcy

I am asked on a frequent basis what can be included in bankruptcy, and for the most part it is all the unsecured debts you have; however there are a few bills/debts which cannot be included.

Council Tax: you can include previous years and previous residences council tax, but you cannot include the current year of which you are filing for bankruptcy.

What you need to do is to place any previous year’s taxes in the bankruptcy, and contact the council to work out a repayment plan for what you may owe for the current year.

Rent Arrears: this is similar to council tax in that you can place previous residences rent arrears in your bankruptcy, but you cannot include your current landlord, well technically you can include your current landlord, but then they can ask you to move or seek eviction proceedings against you.

Rent is a priority bill and needs to be paid, if not paid, your landlord is well within their rights to ask and/or have you moved.

If you have rent arrears on your current residence, it is best to try and work out a repayment plan outside of the bankruptcy, unless you plan on moving.

Utilities: this is similar to the landlord/rent arrears situation; you can include old or previous utility providers in your bankruptcy, but if you include your current gas or electric provider they can, and very well may, cease service to you.

You would want to work out a repayment plan outside of the bankruptcy.

And it is OK to work out a repayment plan on these bills/debts outside of bankruptcy as they are priority bills, council taxes, rent arrears and utilities. Hopefully, if all your other debts are being discharged in bankruptcy, you would be able to contribute to these priority bills and get them back on track.

Student loans and certain fines and parking tickets: these also cannot be included in bankruptcy.

Now this list is not totally inclusive, it does address the majority of debts/bills most people would have and would be looking to discharge in bankruptcy.

Do All My Debts Need to be Included in My UK Bankruptcy?Jon Emge is an experienced UK debt advisor who has helped thousands and thousands of people in the UK to deal with problem debt. Jon specialises in finding good solutions for problem debt using a variety of UK specific techniques.

If you have a question you’d like to ask about how to get out of UK debt, just use the online form. I’m happy to help you for free.

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