Bankruptcy Debts

Most, but not all debts are automatically included in a Bankruptcy.

Some debts are “not provable” and therefore survive the Bankruptcy. Therefore these remain to be paid outside and/or after the Bankruptcy has concluded.

In accordance with Rule 12.3 of the Insolvency Rules 1986, the following debts are not provable (included)in a Bankruptcy.

- Any fine for an offence, e.g. a speeding fine.

- Any obligation made under an order in family proceedings under the Child Support Act 1991, i.e. Child Maintenance.

- Any obligation under a confiscation order under the Drug Trafficking Offences Act 1986 (Proceeds of Crime Act), or Section 71 of the Criminal Justice Act 1988.

Additionally Student Loans are no longer provable in a Bankruptcy, although they may be in an IVA.