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Can my Bankruptcy be Cancelled ?

An annulment is a procedure made by the Court to cancel your bankruptcy order. If you wish to apply for an annulment then you can do so at any time if the bankruptcy order has not been made. This could be because the correct protocol was not followed, or if the bankruptcy debts and related fees are completed to the Courts satisfaction. It may also be because you have entered into an Individual Voluntary Arrangement (IVA).

Applying for an annulment
Should you feel that the bankruptcy order was made wrongfully then you are within your rights to apply for an annulment by obtaining an application form from the Court. You will then need to produce an affidavit or a witness statement confirmed by a statement of truth declaring that the bankruptcy order should not have been made. The court will then set a date to hear your application and you should make sure that you attend this. It will be your responsibility to make sure that you let the Official Receiver know along with whoever requested for your bankruptcy and provide them with copies of the documents above.

If the bankruptcy debts and expenses are paid then you should get an application form from the court dealing with this and attach the same documents as above. The Official Receiver or the trustee will then have to send a report confirming that your debts have in fact been paid.

Should you wish to enter into an IVA and your creditors agree, then either you or the IVA supervisor will be able to apply for an annulment of your bankruptcy. When you are declared bankrupt is it usual for a notice to be placed in the local paper to announce this. If you have applied for an annulment then it is possible for you to also apply to the court to prevent the bankruptcy being advertised in this way.

What happens once my annulment is approved?
Once you annulment has been successful you will be back to how you were prior to the bankruptcy order.