Review Your Reports Once The Time Is Up
Once your bankruptcy has been completed and the seven- or 10-year clock has expired, review your reports again to make sure the bankruptcy was removed.
A bankruptcy should fall off your credit reports automatically, but if it doesnt, notify the credit bureaus and ask to have the bankruptcy removed and your reports updated.
Impact Of Identity Theft On Your Credit Report
Identity theft occurs when someone steals your personal information and uses it to apply for new lines of credit. If these new accounts go into default, they will appear on your credit report and hurt your score.
Cleaning up your credit after identity theft can take anywhere from a day to several months or even years. The longer it takes you to realize someone stole your identity, the more difficult it will be to undo the damage. Monitoring your credit report will help you to stay on top of potential fraudulent charges.
Loans After Being Discharged
During the 6 year period after youve been discharged, you will find it difficult to get loans or credit. Since bankruptcy affects your credit rating, you may find that you will be charged a higher interest rate and could be refused credit. In some situations, it may not cause any problems. For example applying for a Motability car scheme, as a credit check is not necessary for the assessment of eligibility for a Motability vehicle. For more information please see our article on loan management.
Will My Bankruptcy Affect My Spouse And Others
If youâre financially connected to someone, declaring bankruptcy could negatively impact how a lender views them. Examples of a financial connection include joint bank accounts or a shared mortgage. If youâre not connected to someone financially, their credit information shouldnât be affected â even if you live with them. Find out more about financial association here.
If your partner or spouse jointly owns property or possessions with you, this could be sold to help repay your debts. They’ll usually be given the chance to buy out your share or agree a value for the item. If the item is sold, the money will be split between your partner and creditors.
Reasons You Might Want To Reopen Your Bankruptcy
If the court dismisses your bankruptcy because you failed to file a required form or made some other procedural mistake, it’s understandable that you might wish to reopen your case to fix the error. But why would you want to reopen your bankruptcy if you have already received a discharge?
In most cases, debtors will ask the court to reopen their bankruptcy case after receiving a discharge if they realize that they made a mistake on the petition or if they need the court’s assistance. Most debtors will ask the court to reopen their bankruptcy if they:
- accidentally forgot to disclose all of their assets
- want to add a debt they forgot to list
- wish to file a motion to avoid a judgment lien
- want the court to address a violation of their discharge, or
- need to correct other mistakes on their bankruptcy papers.
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How Can I Rebuild My Credit File After Bankruptcy
The good news is that bankruptcy isn’t the end of the road financially. Here are some steps you can take in the short term:
- Order a copy of your statutory credit report to ensure your credit details are correct
- Add a short statement to your report explaining why you got into debt
- Register for the electoral roll at your current address
- Update all personal details on your credit profile
In the long term, it’s important to show lenders that you can borrow money responsibly. You can do this by using and repaying credit. But before you do so, you need to be 100% sure you can afford and meet the repayments.
- Consider credit designed for people with low credit ratings. This usually means low limits and high interest rates. You may be able to improve your rating by using this type of credit for small purchases and repaying the money in full and on time.
- Space out your applications. Each application for credit will leave a mark on your credit report, so aim to apply no more than once every three months.
- Check your eligibility before you apply for credit. Doing this can help you reduce your chances of being rejected and having to make multiple applications. You can see your eligibility for credit cards and personal loans when you create a free Experian account.
Work With A Credit Counseling Agency
Several non-profit credit counseling organizations, like the National Foundation for Credit Counseling , can help dispute inaccurate information on your credit report. The NFCC can provide debt counseling services, help review your credit reports, work with lenders, and help create a debt management plan free of charge.
As always, be wary of predatory credit organizations or companies. Make sure to find a reputable counseling agency and keep a lookout for any red flags, like hidden fees or lack of transparency.
When looking for a credit counselor, the Federal Trade Commission advises consumers to check out each potential agency with:
- The Attorney General of your state
- Local consumer protection agencies
- The United States Trustee program
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What Changes When My Bankruptcy Is Discharged
Once your bankruptcy is discharged, you will be free of your debts. However, there are some exceptions:
- Debts gained by fraud
- Court fines
- Debts created after the bankruptcy order
You may also find that the value of assets you own when you are declared bankrupt will still be used to repay debts after this point. For example, the official receiver has up to three years to decide what to do with the equity in your property.
One key change that comes with your bankruptcy being discharged is that you can borrow more than £500 without having to tell the lender about your bankruptcy. Just remember, though, that if a lender conducts a credit check, it will still appear on your credit report for six years after being discharged.
Another change is that you will be eligible to become a company director again if you so wish.
What Happens To Your Home
If you own your home it can be sold if it is the only way to pay your creditors.
If youre the only owner of the property:
- the value of the property after any secured debts have been paid transfers to the trustee. This is known as the beneficial interest and is sometimes called equity
- the legal title transfers to the trustee and a bankruptcy restriction is added to the land registry record. This will stop you from selling your home or making deals connected to it
The restriction will be removed once the trustee has been paid for their interest in the property.
If you own the property with someone else:
- your share of the property after any secured debts have been paid transfers to your trustee. This is known as the beneficial interest
- a Form J restriction is added to your Land Registry record and the trustee will be told of any deals affecting the property, including a sale
You can still sell the property, but the trustee will get your share of the money from the sale. The Form J restriction will be removed once the trustee has been paid this money.
The sale of your home
The trustee cant usually sell the property without your agreement for a year from the date of the bankruptcy order if you have a partner or children living with you.
You can stop a sale taking place later if a family member or friend buys the beneficial interest in your home. The buyer should contact the trustee.
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Life After Discharge From Bankruptcy
Many choose to see a bankruptcy order as the chance to make a fresh start, not least when they are discharged twelve months later and certain restrictions of the bankruptcy are lifted.
Its important not to fall into any old financial habits and to keep your finances on the straight and narrow. Budget and avoid taking out any further credit unless its absolutely essential.
Hire A Credit Repair Service
A reputable company like may be a viable solution if your report is riddled with inaccuracies that further complicate the repair process. can help you with the following items:
- Cleaning up credit report errors
- Disputing inaccurate negative entries
- Handling creditor negotiations
If you decide to hire a credit repair service, know that laws govern how they operate and what they can do. The establishes the following regulations governing credit repair services:
- They cannot provide false or misleading information concerning a persons credit status and identification
- They must provide a detailed description of the service
- They cannot receive payment for the performance of any service until said service has been entirely performed
- There must be a written contract detailing the services to be performed, the time frame during which these services will be performed, and the total cost for those services
- They cannot promise to remove accurate information from a credit report before the term set by law
- The consumer will have three days in which to review the contract and cancel without penalty
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What Happens To Your Assets After Discharge
Assets that are part of the bankruptcy stay under the trustees control when your bankruptcy ends. It can take time for all assets to be dealt with.
You must keep making any payments agreed under an IPA or IPO.
Your family home
If your family home has not been dealt with 3 years after the bankruptcy order, the interest may be given back to you.
If the interest in your family home is returned to you, the Land Registry will be told that the property is no longer part of your bankruptcy estate. The trustee will send notice to the Land Registry and the restrictions will be removed.
The restrictions on your business end when bankruptcy ends, unless the official receiver feels youve been dishonest. They can then apply to extend the restrictions
S To Rebuilding Credit After Bankruptcy
You might think youre a pariah in the eyes of lenders and credit card issuers, but thats not quite true. Youll have to prove yourself, of course, but it can be done.
Although your goal building a good credit score is the s ame as that of someone starting from scratch, your situation is different. Your problem isnt that creditors dont know anything about you, but rather that they know a lot. Here’s how to start rebuilding your credit after bankruptcy:
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Who Deals With Your Bankruptcy
An Official Receiver is appointed to protect your assets. They act as trustee of your bankruptcy affairs if you have no assets.
If you have assets, an Insolvency Practitioner will be appointed to act as trustee and sell your assets to pay your creditors. To read more, go to:
Once a bankruptcy order has been made against you, your creditors cannot pursue you for payment. The trustee is responsible for payments.
When The Bankruptcy Order Is Made
The early stages of a bankruptcy are normally handled by an official receiver. An official receiver works for the Insolvency Service and is attached to the court. They will also be your trustee unless an insolvency practitioner is appointed to take over that role. The trustee will realise any assets .
The official receiver will write to you within 2 weeks of the bankruptcy order being made, explaining what you need to know and what you must do.
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Can I Apply For A Mortgage After Being Discharged
The fact that you have gone bankrupt may make it more difficult for you to get a mortgage, however, it should not be impossible. Youll need to show you can borrow responsibly to do this by managing your current account and possibly a credit card . If you pay back all of your borrowing every month and show you are safe, youll be okay. Your bankruptcy will stay on your credit file for 6 years. You may also want to consider getting a mortgage after 6 years.
Why Declare Bankruptcy
The obvious answer for why you should declare bankruptcy is that you are drowning financially and no one not banks, not online lenders, not family or friends will throw you a lifeline.
The millions of people who lost their jobs or businesses because of the coronavirus, have some hope because of bankruptcy. They still had bills to pay, and in many cases, no way to handle them. Thats what bankruptcy was meant to address. Its not a bailout. It was created to give people a chance to get back on their feet financially and restore their peace of mind.
If your bills have grown to levels your income simply cant handle, having your debts discharged through bankruptcy is a safe, legal and practical choice.
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File A Dispute Directly With The Reporting Business
Reporting businesses include credit card issuers and banks. Upon receiving a dispute, they are required by law to investigate and respond. If the reporting business corrects the issue, you saved yourself the step of contacting the credit reporting agency. It is vital to make sure the items are cleaned up for all three credit bureaus mentioned above.
However, trying to work out your debt directly with the lender will not necessarily change the amount of time said negative item would remain on your credit report. It will only change if the dispute is resolved with the lender and deleted from your credit report.
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How To Decide If You Should Pay A Debt Collection Agency
There’s no silver bullet in a debt collection case. While ignoring a debt collector may be an option in some cases, it’s not available to some debtors.
Here are some general considerations.
If you refuse to pay a debt collection agency, they may file a lawsuit against you. Debt collection lawsuits are no joke. You can’t just ignore them in the hopes that they’ll go away. If you receive a Complaint from a debt collector, you must respond within a time frame determined by your jurisdiction. For most areas in the US, that time frame is 14-30 days.
If a debt collection agency wins their lawsuit, they have several options available. For example, debt collectors may garnish earnings to collect a debt. A garnishment is a court order that takes money directly from a debtor’s earnings. This money goes towards repaying the debt they owe. Consider this possible outcome before ignoring a debt collector’s payment demands.
Here’s one more thing to keep in mind. Interest on your unpaid debt will continue to pile up as time passes. If you don’t pay a debt collection company, the amount of money you allegedly owe will keep increasing.
A piece of advice: pay the right person. If you receive a letter from a debt collector demanding money, do your research. Often, debt collection agencies sell debt to one another. Don’t just assume you’re paying the right debt collector. Make sure your debt hasn’t changed hands.
Consider these factors and situations
You may want to pay a collection agency
Can I Remove A Bankruptcy From My Credit Report On My Own
It is possible to pursue removing a bankruptcy from your credit report on your own, and some people have managed to do so. However, it is a time-consuming, labor-intensive process that many people find complicated, confusing, and frustrating.
We encourage you to learn as much as you can about credit report disputes and credit repair processes, then count the real cost of DIY credit repair before committing to handling this important task on your own.
People who have needed to remove a bankruptcy from their credit reports have achieved success by working with a provider like Lexington Law Firm. If other questionable negative items are affecting your credit report and score, we can help you challenge those as well.
Contact us today for a free personalized credit report consultation to find out how we can help you meet your credit goals.
Reviewed by Vincent R. Mayr, Supervising Attorney of Bankruptcies at Lexington Law. by Lexington Law.
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What Happens To Your Information
Any previous name included in the bankruptcy petition will appear on the bankruptcy order, and in the:
- notice of your bankruptcy, which is permanently recorded in the Gazette but excluded from search engine results one year and three months after publication
- Individual Insolvency Register which will be removed within three months of your discharge
How Your Creditors Are Paid
The official receiver will take control of your assets unless an insolvency practitioner is appointed. An insolvency practitioner is usually an accountant or solicitor.
The person who takes control of your assets is known as the trustee. The law says you must cooperate fully with them.
The trustee will sell your assets and tell the creditors how the money will be shared. Creditors must then make a formal claim. You cant make payments directly.
If you have assets, money from the sale of these will be used to pay the costs of the bankruptcy process before creditors are paid. If your case is administered by the official receiver the following fees will all be deducted from the money realised:
- an administration fee of £1,990 if you applied for your own bankruptcy or £2,775 if someone else applied
- a general fee of £6,000
- 15% of the total value of assets realised
- a fee charged at an hourly rate where money is paid to creditors
If there are insufficient assets in your case the official receiver will still process your bankruptcy.
Next, money will be used for:
- certain debts in relation to employees, if you had any
- your other creditors
- interest on all debts
Any money left over will be returned to you. If everyone is paid in full you can apply to have your bankruptcy cancelled .
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