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PERSONAL BANKRUPTCY

What debts are not written off in bankruptcy?

Court fines, child maintenance arrears, student loans, damages awarded in personal injury cases, and debts arising from fraud all survive bankruptcy. Secured debts (like a mortgage) also continue — bankruptcy only writes off the unsecured shortfall if a secured asset is sold.

Debts that survive discharge

Court fines from Magistrates or Crown Court (traffic offences, TV licence non-payment, criminal fines) survive bankruptcy and must continue to be paid.

Child maintenance arrears — Child Maintenance Service or court order — cannot be discharged.

Student loans (all types across the UK) continue on their normal repayment terms. Bankruptcy has no effect on them.

Damages awarded by a court for personal injury cases (in some circumstances) survive.

Confiscation orders and compensation orders made in criminal proceedings survive.

Debts arising from fraud or dishonesty

Debts that arose from your fraud or dishonest conduct cannot be discharged. The Trustee or a creditor can apply to the court for a declaration that a specific debt is non-dischargeable.

This is not routine — it requires evidence and a court application. Most consumer debts, even those with some arrears history, are discharged normally.

Secured debts

Mortgages, secured loans and hire purchase are secured against the underlying asset. Bankruptcy does not automatically discharge these — the lender retains its security.

If the secured asset is sold and the sale does not cover the debt, the unsecured shortfall is treated as an unsecured claim and is discharged with the rest.

Post-bankruptcy debts

Only debts that existed at the date of the bankruptcy order are covered. Debts you take on after the order (borrowing during bankruptcy, new bills) are your responsibility.

This is why bankrupts must not borrow more than £500 without disclosing the bankruptcy — post-order borrowing creates new liabilities that survive discharge.

Rent arrears and utility arrears

Rent arrears and utility arrears from before the bankruptcy are unsecured debts and are discharged.

However, discharge does not stop a landlord from ending the tenancy for pre-bankruptcy arrears via Section 8 or the ongoing possession framework.

Utility companies may require a security deposit before continuing service after bankruptcy.

Key takeaways

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