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If you’re struggling with debt, you might consider bankruptcy as one way to get out of this depressing situation. Being in debt is an awful experience for anyone and sometimes it seems there is no way to escape the claustrophobic feelings that descend on you every time you receive another credit card statement, payment demand or notification of a missed or late payment. It’s easy to get into debt and lenders are keen to throw money at you when your in a positive, upbeat situation, however, once you’ve moved into a situation where you’re threatened with a bad credit record, or finding it difficult to meet your regular monthly repayments to creditors, the situation is altogether different. If you are considering filing for bankruptcy you need to understand just what being bankrupt means.

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Becoming bankrupt does mean you could wipe out debts and have a fresh start in life, as all your unsecured debts will be written off. If you find it distressing to continually receive correspondence, texts or phone calls from your creditors, you will be glad to hear you won’t hear any more from them once you have filed for bankruptcy. The negative aspects to consider are that any assets you own, such as your home, property or vehicles could be taken off you in partial repayment of some of your debts. Furthermore, if you run your own business or hope to start a business in future you will not be able to act in the capacity of company director, due to being a declared bankrupt. Your credit file will also be impacted by your decision to go bankrupt, this fact will be shown on your credit file for six years, so you will be unable to obtain further credit.

When your application to go bankrupt has been through court, a trustee will be appointed to handle your assets, and, where possible, arrange for sales and for the distribution of all proceeds to your creditors. The trustee has powers to investigate your finances fully, manage your financial situation on an ongoing basis and can also apply to the court for further powers, if needed. The trustee will either be an insolvency practitioner or the Official Receiver.

It can be seen that filing as a bankrupt is a big step as it is a declaration of insolvency, which could impact severely upon future prospects. If you plan to start your own business at any point in the future, you should think very carefully before filing as a bankrupt. Ideally, you should seek professional advice from debt counselling experts before filing for bankruptcy. It is not the only option available to handle debt problems and the significant worries you have to handle when you are in arrears with creditors.