How to file for bankruptcy

To file for bankruptcy, a bankruptcy petition will need to be presented, if doing this yourself it is called a “debtor's petition”.

To make the debtor's petition, you will need to complete certain forms that can be obtained free of charge from a local court that deals with bankruptcy or by printing them off from The Insolvency Service's website – www.insolvency.gov.uk

The first form you need to complete is “The petition” (Insolvency Rules 1986 form 6.27), this is your request to the court for bankruptcy and will include the reasons for your request to be made bankrupt.

The second form you need to complete is “The statement of affairs” (Insolvency Rules 1986 form 6.28), this will list all of your assets and all of your debts, including the name and address details of each of your creditors and the amounts you owe each of them.

Once these forms are completed, you can apply for bankruptcy by filing a debtor's petition at the High Court in London or the local county court to where you live or where your business is based. At the court it will be the decision of a judge whether or not to grant bankruptcy.

Not all courts are able to deal with bankruptcy petitions. Bankruptcy petitions can only be presented at the High Court in London or in a county court that deals with bankruptcy matters.

If you are not sure which court to go to, you should telephone your nearest county court for advice. The address and phone number of your local county court is listed under 'courts' in the phone book; you should look for 'civil courts - county courts' and not magistrates' courts