Debts Not Written Off By Bankruptcy

Taking out more credit, knowing you’ve little chance of repaying it could lead to a bankruptcy restrictions order.

The following debts will usually fall outside of bankruptcy

  • Secured Debts
    A secured creditor (e.g. mortgage company) will usually opt to rely on their security (the property or asset) rather than claim in bankruptcy. However they could claim for any ‘shortfall’ debt where the value of the asset is less than what they are owed.
  • Benefit and Tax Credit over-payments by mean of fraud
    Over payments of benefits and tax credits made before the date of bankruptcy will be included in the bankruptcy and cannot be recovered by other means except in the case of over-payment by means of fraud.
  • Child Maintenance
    Liabilities from an order made in a family or domestic court, such CSA claims for child support are outside of bankruptcy.
  • Student Loans
    Most educational loans would not be discharge in Bankruptcy.
  • Court Fines
    Court Fines imposed for an offence and liabilities from a confiscation order made under S.1 of the Drug Trafficking Act 1986 0r S.71 of the Criminal Justice Act 1988 are outside of bankruptcy.
  • Personal Injury Claims
    Debts from personal injury claims made against you are outside of bankruptcy.
  • Fraud
    Debts arising from an act of fraud will not be written off as part of a bankruptcy order.
  • Debts in joint names
    If you owe debts jointly with someone else, these will still be included in your bankruptcy. The creditor will chase the other party until the entire balance owed is repaid (or otherwise resolved).


Money Helper (formerly The Money Advice Service) is a free service set up by the Government to help people make the most of their money. If you would like to learn more click here. is not regulated and is for fact-finding only. We can help assess your circumstances and point you to someone who can provide available options that suit your debt criteria.

If an individual meets the required criteria for an IVA based on our packaged case, this will be passed to one of our partnering Insolvency Practitioners to get direct advice. If the individual does not meet the criteria for an IVA, The Insolvency practitioner is able to provide contact information for other third-party organisations that offer advice on other available debt solutions. For full details view our Privacy Policy.

If you decide that an IVA (Individual Voluntary Agreement) is not the best option for you after we have prepared the necessary information, you can opt out of the process and have all of your details removed. We receive a fee from the third party that we refer you to for introducing you and for the work we have completed. However, you will not be responsible for paying this fee. The third party will contact you directly to continue the process of your IVA application or to explore other solutions, but only with your permission after we have introduced you.