How to: England/Wales 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.  

Please note that this information is applicable in England and Wales only.

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 EX160A.  It comes with guidance notes and the two-page form itself is on pages 4-5.  These are the only pages you need to print.

What else do I need to take?

If you have completed form EX160A, 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.

  • Rob

    Hello,
    Who should I put in a court form ? the company I own money ? or a company who bought my debt ( Hitachi has sold my debt to some company) ?
    Thanks
    Rob

    • moneyaware

      Hi Rob

      If the debts have been passed to a third-party then it would be their details that you would need to enter on the form.

      Hope that helps,

      Rory

  • Mel

    Hi, I am currently filling out the bankruptcy forms and was wondering in the income section do I just input my current situation? I am a full time student but at the time of my bankruptcy appointment it will be the summer holidays and therefore I am living off income support.. Shall I include all and write the details or just my situation as it stands on the day?

    Thanks

    • moneyaware

      Hi Mel,

      Without knowing the whole situation it might be a good idea to talk to us about the forms so we can offer some further advice. You can call us on 0800 975 9557 to speak to our bankruptcy support team.

      We might need some more information from you when we talk to you but the advisor will let you know your next steps.

      Thanks,

      Rory

  • moneyaware

    Hi Rosemary,

    It would be a good idea to speak to whoever is dealing with the debt relief order (DRO) and also the bankruptcy to make sure there will be no issues with this.

    This would be the best way to explain the situation and make sure that everything’s okay for you.

    Thanks

    Rory

  • Katherine Dimacale

    Hi Mel, as for me it is better to be honest and put your real situation especially when filing bankruptcy. This will help your debtors and assesors or even attorney know the real deal and help you out with your situation. You can try to search for a bankruptcy form here http://goo.gl/Wk4Xwu It will allow you to fill-out the form easily and send it via email to someone or simply download and print it.

  • moneyaware

    Hi Sam,

    If your friend is staying in the same household as you I would suggest including them in the form. It’s important that the form explains your situation so you could use the space for extra information in section 13 of form 6.28
    to go into more detail.

    If you’d like advice on whether bankruptcy is the best solution for you, get in touch with us here:

    http://www.stepchange.org/Contactus.aspx

    Thanks,

    Jen

  • Peter

    I am an OAP living in a remote village which has no bus service. I have a small car worth about £750; will the receiver take my car

    • moneyaware

      Hi Peter,

      Given the value and the fact you rely on the car to get around, I’d expect that you’d be able to keep the car in bankruptcy.

      If you’re in a rural area without access to public transport than a relatively low value vehicle would usually be classed as an exempt asset because it is ‘necessary for satisfying the basic domestic needs of the bankrupt and his family’.

      If you’d like get more in depth advice about bankrutpcy then I’d recommend calling our Helpline: http://www.stepchange.org/Contactus.aspx.

      Kind regards

      James

  • Natasha Fisher-Collins

    Hi

    My husband went bankrupt last week and has his interview with the OR next week. When filling out forms we put that i contribute £100 per month as I only work part time and have my own c/cards, telephone bill etc to pay for. I have been researching this and cant seem to find an answer. I believe the OR will want to know my full income but what happens about my outgoings? All debts were in my husbands sole name so I am not liable. Could you please advise

    • moneyaware

      Hi Natasha,

      Thanks for getting in touch.

      I’ve noticed that you had posted a similar question to us over on the Money Saving Expert forum so I thought I’d add the reply in here for you too:

      It’s best to let the official receiver know about all of your income. The main reason the OR would ask you questions about your own financial situation is to get complete clarity before the bankruptcy goes ahead. It’s their job to know the full picture beforehand, for the benefit of all concerned.
      If the OR can clearly see that you have £100 left to contribute then that’s all the official receiver can have. They won’t make you struggle to pay for your own commitments.
      As your husband is going bankrupt your money shouldn’t be affected unless you have a joint account with him.

      For a bit more in-depth advice, you may want to consider getting in touch with the Insolvency Service. Their contact details can be found here: https://www.gov.uk/government/organisations/insolvency-service

      I hope this helps. Please let us know if you’ve got any more questions.

      Thanks,

      Jen

  • mark

    Hello, I rent a room and contribute to electric, gas etc, do I have to include the landlord on my forms as he does live there and while I have known him for some time we are not financially connected or in a relationship? I have been through the step change which shows bankrupt is the best option

    • moneyaware

      Hi Mark,

      This can be a bit of a grey area on the forms, but the important thing is to fill out the forms in a way that most accurately describes your situation.

      So if you’re a lodger in your landlords house then you’d probably be best adding them in section 10.1 where it asks about people you live with.

      If you find that you need to add in some further explanation for any of your questions then I’d suggest using Section 13 to add in some extra details that clarify the situation.

      If we’ve recommended bankruptcy to you then you should find that the paperwork with details of the recommendation will also have a number for our bankruptcy support team. I’d suggest calling them if you’ve got any further questions, they’re excellent at dealing with bankrutpcy forms.

      Kind regards

      James

  • moneyaware

    Hi Jackie,

    Thanks for your question. If your husband successfully applies for bankruptcy but the court thinks an IVA is a better alternative, they can cancel the bankruptcy. Normally you would be advised of whether this is an option before paying the bankruptcy costs. However it is a very rare scenario and is unlikely to happen if your
    husband has been advised that bankruptcy is the best option for him to deal with his debts.

    If your husband hasn’t yet received impartial advice about how to deal with his debts, I’d suggest he gets in touch with us. Our advice is free and we offer a range of debt solutions which you can read about here: http://www.stepchange.org/Howwecanhelpyou.aspx
    Our advisors will be able to have a chat with him about his financial circumstances in more depth, understand his situation and discuss his best options for dealing with his debts. You can find out how to contact us here: http://www.stepchange.org/Contactus.aspx

    I hope this answers your question.

    Kind regards,

    Laura

  • moneyaware

    Hi Martin,

    That looks like the space to put your name. I know that you also put your name on the next page but I think it’s there so it’s clear on the front page who the forms relate to.

    If you need more in depth advice about bankrutpcy then feel free to call our Helpline and our of our advisors can give you full debt advice: http://www.stepchange.org/Contactus.aspx.

    Kind regards

    James

  • Shereen

    Hi, I have printed off the nesscessary forms, however I have just come across bankruptcycountycourt.co.uk, where you can apply online. Do you know if this is a safe
    method ?

    • moneyaware

      Hi Shereen,

      Thanks for your message. This isn’t a website we recognise or would encourage people to use. It looks like it could charge you for using the service, which in our view would be an unnecessary extra cost.

      If you need any further assistance with filling in your bankruptcy forms, I’d suggest you give us a call. Our helpline number is 0800 138 1111. It’s free to call from landlines and major mobile networks, and is open from Monday to Friday from 8am until 8pm and Saturdays from 8am until 4pm.

      I hope this helps.

      Kind regards,
      Laura

  • Slawek

    I come from Poland, you employ someone who can speak Polish? I This would facilitate explanation of all my problems

    • moneyaware

      Hi Slawek,

      I’m afraid we don’t currently offer a translation service. If you have a friend or family member who could translate for you then they could speak to us on your behalf, as long as you give us permission to speak to them.

      Alternatively we have an online advice tool called Debt Remedy which you could use to get our help: http://www.stepchange.org/DebtRemedy.aspx. The questions are in English but online translation tools should be able to translate these for you.

      Kind regards

      James

  • Slawek

    thank you for a good idea, but I have an additional question. I am unfortunately forced to take the final step – bankruptcy. Your help would consist in help to fill in forms?

    • moneyaware

      Hi Swalek,

      Thanks for posting.

      Bankruptcy is something that we can help you with if we recommend this as the the right solution for you.

      We’d first need to look at your full financial situation before offering a debt solution that is right for you. There’s two ways you can do this:

      You can use our free, online Debt Remedy tool at http://www.stepchange.org/debtremedy.aspx. This will ask questions about your income, outgoings and debts and use this to recommend the best way forward.

      Alternatively you can call our free Helpline by visiting http://www.stepchange.org/contactus.aspx for more information about how to get in touch with us.

      I hope this helps, please get in touch if you’d like our help.

      Rory

  • moneyaware

    Hi Michelle,

    Thanks for getting in touch.

    It’s always best to be completely honest when filling in bankruptcy forms.

    Due to this you should let the Official Receiver (OR) know about all of your income and expenditure as it currently stands. It can be hard to work out but I’d suggest putting down as accurate an estimate of your spending as possible. It’s important to be thorough when putting together your budget as any income left over after the expenditure is covered could be seen as available to use to make monthly payments.

    If you’ve not received any debt advice yet then I’d suggest getting in touch with us for advice (our Helpline number 0800 138 1111 and it’s freephone from landlines and most major mobile networks). We can tell you if bankruptcy is right for you and if it is our bankruptcy support team and guide you through the process.

    I hope this helps and if you’ve got any more questions you know where we are.

    Jen

  • Darren

    In section 4 it asks for a list of creditors, do I put down my credit cards as they ask for them in section 5? Also if I do put them in it asks for reason for debt, with a credit card there is no particular reason, what would I put?

    • moneyaware

      Hi Darren,

      Thanks for your message. I think you’re referring to the 6.28 bankruptcy form – on this there are two parts to section 4. The second part of section 4 is where you list any unsecured debts,
      including debts such as credit cards debts, overdrafts, and personal loans. If you owe money on your credit card, this is where you’d need to write the balance. You’d also need to mention your credit card in section 5.

      If you used the credit card to cover everyday living costs or priority debts like rent or mortgage, council tax or utilities then this is something you could put down. Alternatively if you find you borrow money regularly, it could be that you are over-committed to credit,
      which would also be something you could write on the form. If you want to go into any more detail, there is space in section 13 for you to write more.

      I hope this helps.

      Kind regards,

      Laura

  • Elaine

    When I put in who I owe my debts to do I also have to get a letter from everyone to give in with bankruptcy forms or is it ok to give adress details .

    • moneyaware

      Hi Elaine,

      You’ll usually need to provide as much information as possible on the forms.

      Although you won’t need letters from your creditors to declare bankruptcy, the official receiver will very likely ask for these after you are declared bankrupt so you should contact each of your creditors and ask them for up-to-date balances for each of your debts.

      I hope this helps,

      Rory

  • moneyaware

    Hi there Gurpreet, thanks for posting.

    If you’re considering something like bankruptcy, we would need
    to take an in-depth look at your situation before we can be sure this is the best option for you. As you may have experienced in your previous bankruptcy, the process can be quite complicated and it’s important to look at the whole picture first.

    We can look into bankruptcy and any other debt solutions that
    might be suitable. First, we would need to take a look at your budget. There’s two ways to do this:

    Our online advice tool Debt Remedy can help you put together a
    personal action plan at your own pace. It can also recommend a debt solution for you in around 20 minutes: http://www.stepchange.org/debtremedy.aspx?domain=www.MoneyAware.co.uk

    Alternatively, you can discuss your situation with one of our
    friendly Helpline advisors by calling 0800 138 111 (free from landlines including most mobiles) our opening hours are Mon – Fri 8am to 8pm and Sat 8am to 4pm.

    Debt can be an incredibly stressful thing to deal with, but please know that you’re not alone and we’re here to help you every step of the way.

    Kind regards

    Rachel

  • Help

    Hi, Hope you can help. Just trying to find some information on how to go bankrupt if in prison. Is this an option?
    Thanks

    • moneyaware

      Hi there,

      Prison can sometimes have a huge impact on someone’s financial or debts as income is lost for the duration of the sentence.

      Bankruptcy is theoretically possible for someone who is in prison, but it’s the decision of each individual court whether they will allow this if the prisoner can’t attend court.

      Prisoners can apply for bankruptcy while they are in prison or before the sentence begins and generally the only difference would be that the official receiver (OR) who oversees a person’s bankruptcy is the only person who can be the trustee.

      The administration of the persons estate is similar to that of any other bankruptcy proceedings and the prison will usually be asked to report any property or money that they are holding for a prisoner who goes bankrupt.

      I hope this helps,

      Rory