Here is a useful guide to bankruptcy. It should be noted that bankruptcy is not to be entered into without first having sought professional advice.Bankruptcy is seen as last resort. Bankruptcy is perceived to be only way to escape ever-constant demands for payment by bill collectors and credit companies alike.
Bankruptcy is not something that should be rushed in to. Certainly there are times when it can be very useful, but there are other times when declaring bankruptcy would be a big mistake.
The purpose of bankruptcy is to convert your possessions, and any wages you receive, into lump sum and instalment payments for creditors. A debtors purpose to apply for their own bankruptcy is to form a moratorium (a group of creditors) to agree part repayment of all outstanding debts, and when agreed repayment has been met, to have a ‘clean slate'.
The constraints which are put upon you once you are declared bankrupt make it only a viable option in most extreme of cases. It is more likely that an Individual Voluntary Arrangement will be answer to severe debt problems, since it provides much of relief offered by bankruptcy but without severe constraints which bankruptcy imposes.
Individual creditors cannot take action against you. They must make a claim through ‘trustee' (the name of person who controls a bankruptcy) or write off their debt.
When appointed trustee will advertise your demise in a number of newspapers to give all of your creditors a chance to make a claim against bankruptcy.