**Update** If you are planning to go bankrupt in England or Wales you no longer need to present your application at the Court. The process has moved on line.

• What happens when you go to the Bankruptcy Court?
• Meeting with the District Judge
• Who decides the terms of your Bankruptcy

The process described below is relevant to going Bankrupt in England and Wales only. The process is different in Northern Ireland and Scotland.

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What happens when you go to the Bankruptcy Court?

You will first speak to a court clerk. They will first check that you have filled out your application forms correctly. If so they will then take your fee. The clerk will then witness your signature on the forms and submit them to the Judge.

You must remember to take three copies of your completed Bankruptcy application documents with you when you go to the Court and your fee in cash. The court will not be able to take card payments.

The clerk cannot give any advice about how your forms should be filled in. You must make sure they are completed properly before you get to the court. The Clerk may turn you away if this has not been done.

Meeting with the District Judge

The process of meeting the district Judge is different depending on the court you go to. In most local county courts you will have a face to face meeting with the district judge.

The meeting is held in private not in an open court room. During the meeting, the Judge will ask you some questions about why you have decided to declare yourself Bankrupt and whether you understand what you are doing and have taken advice.

If the judge is happy that you are eligible and that you understand what you are doing they will declare you bankrupt straight away.

If you go to the Royal Courts of Justice in London it is very unlikely that you will with a Judge. Your forms will simply be submitted to them for their review. You will be asked to return to the court in an hour or two at which time you will be informed by the clerk that you have been declared bankrupt and given a court reference.

It is very unlikely that a Judge will refuse to declare you bankrupt unless you are clearly not insolvent or they believe that you do not fully understand what Bankruptcy will mean for you.

Who decides the terms of your Bankruptcy?

The district Judge’s role is to ensure that the law is being followed and that it is right for you to be declared bankrupt. As such they are unlikely to review the information you have included in your application forms in any great detail.

It is important to understand that the Judge will not make any decisions about what will happen with any of your assets or whether you will have to make a monthly payment towards your debts. The terms of your bankruptcy will be decided by the Official Receiver (OR).

Once you have been declared bankrupt, the court clerk will give you the details of your OR. You will have to have an interview with them which is normally carried out on the telephone. They will call you within 2 days to arrange this.

This process can vary from court to court. In some local county courts and the Royal Courts of Justice you may be able to speak to the OR on the same day.