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Q. Can a bankrupt still trade?

A. If you are a bankrupt you are still allowed to earn a living and you may do this by being self-employed or by carrying on a business. You must, however, remember that you are prohibited by law from obtaining credit of £500 or more without disclosing that you are an undischarged bankrupt and you must not use another name unless you tell those with whom you trade of the name under which you are adjudicated bankrupt. If you earn more than sufficient to meet the reasonable needs of you and your family and/or dependents, the Official Receiver may apply to the Court for an Income Payments Order requiring you to make contributions for the benefit of you creditors. There are, however, restrictions on a bankrupt being self-employed in certain professions such as law, estate agency, accountancy and medicine. Before taking a decision to become self-employed in a profession, a bankrupt should consult the relevany professional bogy and take legal advice.

Q. What is the effect of bankruptcy?

A. A debtor who is made bankrupt will no longer have a direct responsibility to individual creditors in respect of debts incurred before bankruptcy. The debtor will no longer have control of his assets. Ther are restrictions on the bankrupt to: obtain credit of £500 or more alone or jointly with another person, without disclosing his bankruptcy, do business (directly or indirectly) under a name other than that which he was made bankrupt, be concerned (directly or indirectly) in promoting, forming or managing a company without the court's permission. A bankrupt may not hold certain public offices.

Q. How do I make myself bankrupt?

A. Go to the Bankruptcy Office in the High Court, Chichester Street, Belfast, ask for the appropriate forms and the cost of the Court fees. Complete the forms and return to the Court with fee payable. IT IS IMPORTANT THAT YOU TAKE ADVICE FROM A SOLICITOR, ACCOUNTANT, LICENSED INSOLVENCY PRACTITIONER OR CITIZENS ADVICE BUREAU BEFORE TAKING WHAT IS A VERY IMPORTANT ACTION.
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Q. Can the Official Receiver, or his staff, advise me as a director on whether to petition the Court to wind up a company in which I have an interest?

A. The Official Receiver and his staff cannot advise directors about whether it is appropriate for them to seek a winding-up order against a company in which they have an interest. They should instaed approach a solicitor, accountant, licensed insolvency practitioner or Citizen's Advice Bureau for independent advice.
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Q. I have obtained my discharge from bankruptcy. Despite this my name is on a credit blacklist. Will the Official Receiver arrange for the removal of the listing as I now have my discharge?

A. The Official Receiver and the Insolvency Service have no regulatory responsibility for credit reference agencies and cannot assist directly in the correction of information held. If you have any questions about the operations of the agency or its listing policy you should contact the agency direct. Although credit reference agencies will up date their records upon receipt of a certificate of discharge, a bankruptcy can be kept on the credit reference agencies' file fo six years from the date on which the order was made.

Q. I have moved to a house formerly occupied by a bankrupt and have found that the address is blacklisted. Will the Official Receiver write to the credit reference agency and inform it that the property should be removed from the blacklist?

A. The Official Receiver cannot determine the policy and information used by credit reference agencies. You should write to the credit reference agency and tell it about the circumstances.

Q. How do I make someone bankrupt?

A. Instruct a solicitor but you should be aware that it could cost you up to £1,500.

Q. As an undischarged bankrupt, can I have a bank account?

A. There is nothing in insolvency law, which prevents an undischarged bankrupt from having a bank account but you should tell the bank or building society that you are bankrupt, since they may wish to impose conditions and linitations (for example they might not wish to allow you a cheque or guarantee card). You should not obtain an overdraft facility without first telling the bank that you are a bankrupt. It is the decision of the bank or building society as to whether to allow an account to be opened by a bankrupt. If the bank or building society allows you to open the account you should inform your trustee and the Official Receiver immediately.
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Q. When will I be discharged?

A. In normal circumstances you will be discharged after three years. If you have petitioned for your own bamkruptcy and a certificate of summary administration has been issued by the Court you would be dischrged after two years. Please note: The Court may, however, suspend your discharge if you have failed to carry out your duties under the Insolvency Order.
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Q. I was an employee of an insolvent - can I claim for unpaid wages?

A. The Redundancy Fund may pay claims for unpaid wages, holiday pay and wages in lieu of notice. It may also pay claims for redundancy payments. The Official Receiver will supply copies of the claim forms and an explanatory booklet. NOTE: payments from the Redundancy Fund are made by the Department for Employment and Learning. http://www.delni.gov.uk/docs/pdf/ACFA79.pdf

Q. How do I obtain a certificate of discharge?

A. You should write to the Court where you were adjudicated bankrupt and quote you bankruptcy reference number (eg 1998 No: 7777)

Q. Can the Official Receiver or his staff give advice as to whether it is appropriate for an individual to file his or her petition in bankruptcy?

A. The Official Receiver and his staff cannot give advice as to whether or not an individual should file his or her own petition in bankruptcy. If that individual needs independent advice, they should consult a solicitor, accountant, licensed insolvency practitioner, Citizens Advice Bureau or another suitable person.
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Q. What will happen to my home?

A. The Official Receiver or the Trustee (if an insolvency practitioner has been appointed in place of the Official Receiver) may have to sell your home to go towards paying your bankruptcy debts. This applies whether the home is freehold or leasehold and whether it is solely or jointly owned. If your home is mortgaged and you do not keep up your payments your lender may be able to sell your home. You should consider contacting your lender about your bankruptcy and your mortgage payments.
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Q. How do I make a complaint against an Insolvency prctitioner authorised by one of the seven Recognised Professional Bodies?

A. You should contact the relevant body. We take steps to ensure that each of the professional bodies has a proper complaints procedure in force and that it complies with it. We do not have the power to review a professional body's decision and we cannot subsitute our judgement for that of the professional body in relation to individual complaints. The seven professional bodies are listed in the guidance below.
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Q. How to make a complaint about an insolvency practitioner authorised by the Department of Enterprise, Trade and Investment?

A. You should write to the:- Insolvency Practitioner Unit The Insolvency Service Fermanagh House Ormeau Avenue BELFAST BT2 8NJ
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