How to apply for annulment of bankruptcy in England & Wales

If the bankruptcy order should not have been made (application under section 282(1) (a) of the Insolvency Act 1986), these are the steps you can take to have the order annulled:

• An application has to be submitted to the court dealing with your bankruptcy.

• This should be supported by an affidavit (a written statement of the relevant facts that is sworn on oath or affirmed, usually before a solicitor) or a witness statement verified by a statement of truth saying why the bankruptcy order should not have been made.

• The application has to be submitted to the court with the affidavit or the witness statement verified by a statement of truth. The court will then set a date to hear your application, and you should attend the hearing.

Before the hearing: you must notify the official receiver, the person who petitioned for your bankruptcy and the trustee (if an insolvency practitioner has been appointed as trustee in place of the official receiver) of the date, time and place of the hearing. You should do this in enough time for them to attend the hearing. At the same time, you should send each of them copies of your application form and affidavit or a witness statement verified by a statement of truth.

Soon after the hearing: the fees and expenses of bankruptcy will have to be paid. The court will decide who should pay them when it considers your application.

Where the application is made on the basis that the debts and expenses of the bankruptcy have been paid in full or have been secured for, (application under section 282(1) (b) of the Insolvency Act 1986), these are the steps:

An application has to be submitted to the court dealing with your bankruptcy. This should be supported by an affidavit (a written statement of the relevant facts that is sworn on oath or affirmed, usually before a solicitor) or a witness statement verified by a statement of truth saying why the bankruptcy order should not have been made.

The application has to be submitted to the court with the affidavit or the witness statement verified by a statement of truth, setting out details of your assets and debts at the date of the bankruptcy order and details of your payments made or how you have secured payment of the debts.

The court will then set a date to hear your application, and you should attend the hearing.

More on annulment of bankruptcy and the positive effects of annulment.
 

You must notify the official receiver and the trustee of the date, time and place of the hearing. You should do this at least 28 days before the hearing. You should also send copies of your application form and affidavit or the witness statement verified by a statement of truth to the official receiver and the trustee.

The official receiver or the trustee will send a report to the court to confirm that your debts have been paid or secured. The report may also comment on your conduct in the bankruptcy.