How to: bankruptcy forms

Justice scales law

Do you know how to fill your forms in correctly?

Our specialist Bankruptcy Support team get a lot of questions about the forms needed to go bankrupt.  

The first thing to remember is that bankruptcy is a big step that is not suitable for everyone, and we strongly recommend you contact us for advice first.

 

If it is definitely the best solution to your debt problems, we can help you throughout the bankruptcy process, including completing forms.  

What forms are needed to go bankrupt?

Everyone going bankrupt in England and Wales needs to complete these two forms.  These are now only available online and you can’t get them from your local county court.  If you do not have a printer at home, try your local library.

If you are on a low income, you can complete this form to ask the court to reduce or waive the £180 court fee.  It is available online or you can get a copy from your local county court

How many copies do I need?

You must take three copies of forms 6.27 and 6.28 to your hearing.  You can complete one copy and photocopy it twice rather than writing it all out three times.  Photocopy it before you go to the hearing as the court may charge a lot for copying.

You only need to take one copy of form EX160.  It comes with guidance notes and the two-page form itself is on pages 30-31.  These are the only pages you need to print.

What else do I need to take?

If you have completed form EX160, you must take the correct proof of income requested on pages 7-10 of the guidance notes.  If you do not have the proof and you are unable to pay the £180 fee, your hearing will not go ahead.

You must also take:

  • The £525 bankruptcy deposit and £180 court fee in cash.
  • Some proof of ID such as a passport or drivers licence.
  • A copy of your tenancy agreement, rent statement or similar if you live in rented property.

How to fill in forms 6.27 and 6.28

If you are not used to filling in paperwork, bankruptcy forms can look scary.

Form 6.27 is only a few pages long, but it can be confusing. There are some Insolvency Service guidance notes accompanying it which may help.

Form 6.28 is much longer but the questions are mostly straightforward.  The Insolvency Service has published some guidance notes which will help you complete it.

You should always remember the following tips when filling in these forms:

  • Don’t sign the forms – you will sign them at the court before your hearing.
  • All amounts should be rounded to the nearest pound – don’t show pennies.
  • If you can’t type the forms, you must write neatly in black ink and block capitals.  If you are hand-writing it, do a rough copy first or write in pencil and go over it in pen when you’re sure you have it right.
  • Some items in the assets page of form 6.28 can only be completed at the last minute. For example, you will only know how much ‘cash in hand’ you have on the day you go bankrupt.
  • Fill in all sections which apply to you.  If you are unsure about dates, addresses, amounts or account numbers do your best to find them.  Only give approximate dates or amounts if you really can’t get the correct information.
  • Give truthful and complete information in the forms – lying or hiding anything from the Official Receiver can get you into very serious trouble.

Finally, a word of warning – some unscrupulous companies will offer to complete bankruptcy forms for a charge.  The fees we’ve seen advertised for these ‘services’ often run into many hundreds.

If you’re still struggling to complete the forms after reading the guidance notes our dedicated Bankruptcy Support team can help you absolutely free of charge.

  • darren aveyard

    need help with filling forms out to be made bankrupt

    • http://www.stepchange.org MoneyAware

      Hi Darren,

      I’d suggest giving us a call – http://www.stepchange.org/Contactus.aspx. We can give you advice on whether bankruptcy is your best option and if it is we’ll talk you through how to fill in the forms and what happens when you visit the court.

      All the best.

      James

  • John

    Hi,
    Was just wondering what the process was after the Bankruptcy forms are filled out.
    Are they mailed to the court that is local to myself? If so what is the address? Do I need to go to my court in person with the forms?

    Thanks

    • http://www.stepchange.org MoneyAware

      Hi John,

      The process can differ depending on your County Court. You usually need to take the completed forms down to your local county court that deals with bankruptcy where you may be allocated an appointment for a hearing. It’s best to ring the court before-hand to check the process and confirm what you will need to do.

      You should be able to find the number for your court online.

      Hope that helps,
      Jess

  • Per

    Can I fill out the forms on the computer or do they need to be handwritten?

    • http://www.stepchange.org MoneyAware

      Hi Per,

      I think most people fill out their forms by hand (then take two photocopies along with the original to court). However, I can’t see any reason why there’d be a problem with typing out the answers onto the form.

      Either way, leave the sections where it asks for your signature until you reach the court, so someone at the court can witness you signing them.

      Kind regards

      James

  • Paul Richards

    Hi,
    What is the process if I am unable to provide details of my tenancy agreement? My home was repossessed, unable to get a rented property because of credit history and actually stay with a friend who charges me a very reasonable rate of around £500 p/m inclusive of bills to live in London.
    Many thanks

    • http://moneyaware.co.uk StepChange MoneyAware

      Hi Paul,

      It’s best to provide whatever paperwork you can about your rent. Obviously things like tenancy agreements are the best thing for that but if you’ve not got one then I’d suggest finding whatever you do have to verify the agreement.

      Bank statements showing payments being made or any documents you’ve both signed to say you’re a tenant or things like that.

      If you go bankrupt you’ll usually have an Official Receiver appointed to look into this sort of thing and they’ll want to make sure the numbers add up, so they’ll be able to take you through what sort of thing they want to see.

      Cheers

      James

    • moneyaware

      Hi Paul,

      It’s best to provide whatever paperwork you can about your rent. Obviously things like tenancy agreements are the best thing for that but if you’ve not got one then I’d suggest finding whatever you do have to verify the agreement.

      Bank statements showing payments being made or any documents you’ve both signed to say you’re a tenant or things like that.

      If you go bankrupt you’ll usually have an Official Receiver appointed to look into this sort of thing and they’ll want to make sure the numbers add up, so they’ll be able to take you through what sort of thing they want to see.

      Cheers

      James

  • sarah

    Hi, i am in the process of filling out my forms and have to fill out details of a vehicle i have use of, i use my mothers as i need it to work, why do they want to know the registration and how much its worth, as my mother is worried about them taking it to pay MY debts.
    Kind regards

    • moneyaware

      Hi,

      If you do not own the car it cannot be taken to be sold towards your debts. The Official Receiver may want to know about vehicles you have in your ‘possession’ so they can see how you intend to travel. They may figure running costs of the vehicle or insurance payments as part of your outgoings. It is best to provide as detailed a picture of your situation as you can.

      You can reassure your mother that if you do not own the car it cannot be taken to pay your debts. It is just to build a picture of your situation.

      Thanks,
      Jess

  • miah

    hi can you help me i want to fill up bankruptcy form. but i don understand some of caution please can you help me .thank you

    • moneyaware

      Hi Miah

      The best way we can help you is by talking about it over the phone. Please call us and we’ll be more than happy to help you. Our number is on this contact page: http://www.stepchange.org/contactus.aspx

      If you’ve never spoken to our advisors before, we will need to look at your budget in order to make sure bankruptcy is the best option for you. Please make sure you have information on your bills and debts handy when you call.
      Best regards
      Rachel

  • Amie Harty

    i’m struggling to find out how much I owe and who to, if I miss someone out accidently what will happen to that debt?

    • moneyaware

      Hi there

      The best way to get all the information that you need is to take a look at your credit file.

      There are 3 credit reference agencies that will hold your details. Noddle provides lifelong free access to your credit file and Experian and Equifax also offer a free 30 day trial. You will need to provide your debit card details in order for them to locate your information.

      If you miss out a debt it will still be outstanding. If you’re going bankrupt and a forgotten creditor contacts you, you would let the Official Receiver know and they would assess whether the debt could be included in the bankruptcy.

      Hope this helps

      Best regards

      Rachel

  • moneyaware

    Thanks for letting us know James – it’s now been updated to the new form.

  • Mike

    If I become bankrupt will my wife be liable for my debts that were originally solely in my name?

    • moneyaware

      Hi there Mike

      If the debts are solely in your name, your wife will not be held liable for them.

      Best regards

      Rachel

  • mel

    hi i have decided to go bankrupt as i can not at this moment or for the foreeable future pay my debts off.I have printed the forms off from the .gov site and am really struggling to understand or fill them in. I went on the experian website and signed up to see my credit file and as far as i can see there are two major debts on there and i also have another major one that is not on there im wondering will all my debts show on the file as i think i have a few small ones, these debts have accumulated over the years and with my ex husband I have no paper work to support this as my ex would not let me take any when we separated in 2009 and since then he has moved and got rid of all paperwork so im wondering do i put all debts on the form even tho i do not know the amount .I have since moved into my current partners house and im wondering will me going bankrupt affect him or his home .Im a bit overwelmed and very worried id like to get this sorted one way or another please can you advise me .

    • moneyaware

      Hi there,

      Thanks for posting your question.
      Your Experian credit report should contain all the information about credit accounts you hold but it’s not that unusual for things to be missing.

      There are three main credit reference agencies, so it might be worth looking at the other two: Equifax(http://www.equifax.co.uk/) and Call Credit (available free here: https://www.noddle.co.uk). There might be information on the other two which isn’t on Experian.
      I’d recommend listing all of your debts on your bankruptcy application. If you don’t have up to date details then I’d suggest calling the companies up to get as much information as possible. If you don’t have account numbers the companies should still be able to find you using date of birth or address details.
      If you’ve recently moved in with your partner then bankruptcy is unlikely to have any effect on his credit rating or property. This would be different if you had joint financial accounts (loans or bank accounts usually) or if you’d put lots of money towards the property (e.g. paying the mortgage or building an extension).
      Bankruptcy is a big step but it can also be a way to get a fresh start in the right circumstances. If you’d like some advice or help filling in the forms I’d recommend you start by going through our online advice tool, Debt Remedy (http://www.stepchange.org/debtremedy.aspx?domain=www.MoneyAware.co.uk
      ).

      It’s free, confidential and takes around twenty minutes. It’ll tell you if bankruptcy is the right option and if it is we’ll give you the phone number for our bankruptcy support line (also free) and they’ll be able to help you with going through the process of bankruptcy.

      I hope this helps.

      Kind regards

      James

  • Rosie

    I’m just trying to fill in Form 6.27 and I’m stuck! I have LOADS of previous addresses, under the bit saying ‘lately residing at’ am I allowed to say please see attached and then hand in a separate piece of paper with this information on?

    Also number 4 is confusing me, I have a failed IVA so I don’t know whether to put ‘I entered into a voluntary arrangement’ Or ‘I entered into a scheme of arrangement with my creditors’ OR ‘I have not been adjudged bankrupt’

    Please help…it’s stressing me out :(

    • http://moneyaware.co.uk StepChange MoneyAware

      Hi Rosie,

      There’s some handy guidance on filling out the form in this example document. I’d recommend putting whatever addresses you can fit into that section of the forms and then putting any ones you can’t fit in that section in the “Extra information” bit in Section 13 of the 6.28 form.

      The IVA would go under the “entered into a voluntary arrangement” bit with the day the IVA was entered into. It would also be useful to take in any paperwork you’ve got about the IVA failing, in case it’s needed.

      Please get back in touch if you’ve got any further questions.

      Kind regards

      James

  • Rosie

    Umm I haven’t had a response to my post from 3 days ago……any help would be appreciated! Thanks

    • http://moneyaware.co.uk StepChange MoneyAware

      Hi Rosie,

      Apologies for the delay. I’ve just posted a reply to your original message.

      If you’d like to get more in depth advice about whether bankruptcy is the right option then you could use our online advice tool, Debt Remedy. If it recommends bankruptcy as your best option it will give you a number for our bankruptcy support line, and our advisors can help you with any questions you’ve got.

      Kind regards

      James

    • moneyaware

      Hi Rosie,

      Sorry for the delay in posting a reply – the comment system didn’t display my reply instantly.

      To answer your questions, there’s some handy guidance on filling out the form in this example document. I’d recommend putting whatever addresses you can fit into that section of the forms and then putting any ones you can’t fit in that section in the “Extra information” bit in Section 13 of the 6.28 form.

      The IVA would go under the “entered into a voluntary arrangement” bit with the day the IVA was entered into. It would also be useful to take in any paperwork you’ve got about the IVA failing, in case it’s needed.

      Please get back in touch if you’ve got any further questions.

      Kind regards

      James

  • moneyaware

    Hi Rachel, yes that’s absolutely fine. You can call us if
    you need any more detailed bankruptcy advice.

    Pavan

  • paul

    myself and my wife now live with her mom and pay rent ,,do we need an agreement in writing or will the court accept my word on how much we pay a month ,thanks paul

    • moneyaware

      Hi Paul,

      It’s generally better if there is some sort of record of payments, like a tenancy agreement or something like that. If you don’t have that kind of arrangement then anything else that proves what you pay would be useful.

      Copies of bank statements showing payments being made out of your account to your mother-in-law’s would establish the pattern and show the amount.

      The courts will appoint and Official Receiver to deal with your case in bankruptcy and someone in their office will be able to give you guidance on this sort of thing.

      Kind regards

      James

      • paul

        Thanks james ,its a scarey thing to have to do but got no choice

  • Catherine

    Hello, I have a job at the moment but am handing in my notice due to stress and filing for bankruptcy. If I am still working out my notice period at the time that I file, do I need to list that as my job even though I will be unemployed a few weeks later? Also, I am leaving my flat and staying with friends while I get back on my feet so will they be OK with that? Thanks for your help, Catherine

    • http://moneyaware.co.uk StepChange MoneyAware

      Hi Catherine and thanks for your question.

      You would need to list your job if you’re still working at the time you complete the forms, but explain in the notes that you’re working a notice period and give the date you will finish.

      It may be easier to wait until you have finished your job to apply for the bankruptcy but I can understand that you probably want to get the ball rolling as soon as possible.

      It’s fine for you to stay with your friends as long as you include any expenditure you will be contributing. They may ask how long you expect to stay for as they will want to know that you can afford to support yourself if you have to move out.

      Your bank account is usually frozen for a period of 48 hours but this can vary.

      If you’d like any more detailed advice, you can call our helpline on 0800 138 1111 (free including from mobiles). We’re open Monday to Friday 8am – 8pm and Saturdays 9am – 3pm.

      I hope this helps,
      Pavan

  • Catherine

    P.S. Sorry, I was also wondering how long my account will be frozen for? Thank you for your help.

    • http://moneyaware.co.uk StepChange MoneyAware

      Answered below :-)

  • Chris Bullion

    Hi, I’m filling out the Bankruptcy form,and they want details of my company car. I’ve been told it’s so they can demand I get moved down to a ‘modest vehicle’. Is this correct? Why do they need to know about the car?

  • Carol Cee Marsh

    3.5 transferring asset, does this mean i include my voluntary repossession at this point??

    • moneyaware

      Hi Carol,

      Section 9.1 specifically asks for details of properties you’ve disposed of in the past five years, that’s the most relevant section for voluntarily repossessed properties.

      Section 3.5 would usually be used for items other than property like cars or household goods.

      Kind regards

      James

  • becky

    hi, i’m a student, and i wonder if i have to include ‘income’ from my student loan in form 6.28? i have received mixed advice so far. thank you! Becky

    • moneyaware

      Hi Becky,

      Yes, include the loan as a monthly income on the budget. You can explain how frequently you receive the loan in section 13.

      Hope this helps,
      Pavan

  • Jo

    Can someone help, I am going bankrupt next month. I work full time, I get paid my mileage each month, but have to pay it out first. I also get some other reimbursements but I have to pay out for them first. How do I account for them on the petition… I am struggling with it, please help. Thank you :)

    • moneyaware

      Hi Jo,

      With these sort of things it’s most important that your bankruptcy application form makes sense to people when they look at it.

      You could put the full amount of your income down and include the costs in your expenditure (so it levels out) or you could exclude the expenses from your income and also omit the expenses this money covers.

      Whichever way you express it I’d strongly recommend using “Section 13″ to explain how you’ve worked it out. Just a short sentence or two explaining how you’ve expressed your income, so they could look at a payslip and your application form and it would all make sense.

      Kind regards

      James