What to expect when you go to court for a bankruptcy hearing

If you are one of the millions who have been struggling ith debt over the last three years then you may have considered a number of debt solutions.

Perhaps you have tried something as simple as a debt management plan, either set up yourself or through a debt management company. For others, it may have been an IVA put in place for you by one of the numerous providers who you can see advertising on TV and in the papers and across the web. In have helped out many people who have tried an IVA but found that they cannot meet the monthly contributions.

If you have tried these solutions and found they didn’t work, or if you have realised that your debt problems need a quick but effective solution, then bankruptcy may be the appropriate solution for you.

The bankruptcy experience can be daunting if you have never been involved in producing official paperwork, or been at the county court before.

You can get help with the bankruptcy process from organisations such as the CAB or ourselves. You can get your bankruptcy pack from me, the CAB or the court.

The court clerks are very knowledgeable and do their best to put you at ease.

When you begin the bankruptcy process you need to have all your information to hand. This would be details of your income and expenditure and your assets and liabilities. This will make the process of completing your statement of affairs. Which is 28 pages long, an easier process.

If you can complete your paperwork yourself, you need to take the statement  of affairs and the petition in triplicate to your court. You will also need a fee of £700 (unless you qualify for a remission). That fee needs to be in cash.

The court clerk will process your papers and check, (a) that you at the correct court, (b) your paperwork is in order and (c) that you have taken appropriate advice. If the clerk is satisfied that all is in order, then they will process your papers and give you a court number. They will take your payment, and advise you where to wait to see the District Judge.

That part of the process should take no more than 30 minutes.

It may be some time before you can get to see the Judge. It mainly depends on when he can fit you in between all his other scheduled work. In some courts the process is structured to enable the Judge to see you before he starts any of the rest of his days work.

The Judge will be concerned primarily in ascertaining that you have taken proper advice and you appreciate what the effects of bankruptcy are. He will check to see that your debts levels are appropriate for bankruptcy. He will make an order with a specific time quoted. This will mean that at that moment 12 months hence you will be automatically discharged.

You will be free to leave they court after the order has been made.