In the past one of the drawbacks of Bankruptcy for many people was that the procedure was always advertised in the local newspaper.

This is however no longer the case. In the last few years the rules regarding the publication of Bankruptcy changed and in majority of cases it is no longer advertised in the newspaper.

In this sense the solution has become more private. However in today’s internet age it is important to understand that the details of your bankruptcy are freely available for someone who is interested and knows where to look. We consider this in more detail.

Bankruptcy is recorded in the Insolvency Register

The fact that you are Bankrupt is a matter of public record. This means that until you are discharged your details including your name, address, occupation and when you are likely to be discharged are all recorded in a publication called The Insolvency Register.

The Insolvency Register is publicly accessible for free on the Insolvency Service website on the internet. It also includes details of anyone who has an Individual Voluntary Arrangement or Debt Relief Order. Given this anyone can search on your name and discover whether or not you are currently bankrupt.

BMD Tip: After you are discharged from your bankruptcy within three months your name and details are taken off the Insolvency Register.

What if you get a Bankruptcy Restrictions Order (BRO)?

It is possible that the length of your bankruptcy could be extended for longer than 12 months. This may be the case if you have not cooperated with the official receiver.

This extension is called a Bankruptcy Restriction Undertaking (BRU) if you agree to it voluntarily or an Order (BRO) if it is forced upon you by the court. If you receive a BRU or BRO, this will be highlighted in the insolvency register.

In addition to the standard details such as your name, address and occupation, information will also be made available about why you have been given the extended bankruptcy.

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Bankruptcy is recorded in the London Gazette

In addition to the Insolvency Register, details of your bankruptcy are also recorded in the London Gazette. This together with the Belfast Gazette and Edinburgh Gazette is a publication that records all personal and corporate insolvencies. Your name, address and occupation are all be recorded.

As with the Insolvency Register the Gazettes are publicly accessible on the internet. However unlike the insolvency register, archive copies of the Gazette are available and the records are maintained for ever.

This means that even after you have been discharged from your bankruptcy, anyone can search the Gazette archives and find out that you have been bankrupt in the past.

BMD Tip: It is possible that by searching on your name in Google a link to the Gazette information may be found.

Who is told about your Bankruptcy?

Very few people will be specifically told that you have been declared Bankrupt. Of course your creditors and your bank will be informed.

In addition if you are renting your landlord may be informed and so will your mortgage company if you have a mortgage. However, as long as you maintain your rent or mortgage payments this should not cause you any real problems.

However no one else will be specifically contacted. Your employer and other members of your family are not told unless you have listed them as one of your creditors.

Is privacy a good reason to avoid Bankruptcy?

Because of the changes in the way that Bankruptcy is advertised it could be argued that the process has become more private given that names no longer appear in a local newspaper for anyone to see.

However, your bankruptcy is recorded in the Insolvency Register and the London (Belfast or Edinburgh) Gazette which are all now freely accessibly via the internet. As such, if someone is interested enough to access these records and search on your name, they are likely to find out that you are bankrupt or have been in the past.

However many people will feel that this is a small price to pay in return for most if not all of their debt being written off.