Once you are discharged from bankruptcy, most of the legal restrictions on you end and you are free to apply for credit again, including a mortgage. Discharge on its own does not always mean your home is free and clear, though. If your trustee has not finished dealing with your interest in the property, that still needs resolving, and any bankruptcy entry on the Land Registry title normally needs clearing before a new lender will proceed. The bankruptcy itself stays on your credit file for 6 years from the order date, whatever your discharge date was.
This page looks at what actually changes on the day you are discharged, what may still need doing afterwards, and what a lender is likely to want to see. For the wider timeline, see our main page on remortgaging after bankruptcy. If you were discharged very recently, our page on a recent discharge looks at the first year in more detail.
On this page
This page covers
- Credit issue
- BankruptcyUsually stays on your credit file for 6 years from the bankruptcy date.
- Status
- Satisfied or settledSettled issues are generally viewed more favourably than ones still outstanding, though they remain on your file for the full period.
Read the main guide: Remortgaging after bankruptcy: what may be possible and when
In short
- Discharge ends most legal restrictions, usually after 12 months in England and Wales.
- It does not automatically return your interest in your home if the trustee has not dealt with it.
- A bankruptcy entry on your property’s Land Registry title normally needs clearing separately.
- The bankruptcy stays on your credit file for 6 years from the order date, not your discharge date.
What does discharge actually change?
While you were undischarged, you had to tell any lender you were bankrupt before borrowing £500 or more, and you needed the court’s permission to act as a company director. Discharge lifts these restrictions, along with the duty to disclose your bankruptcy status when you apply for most new credit.
If the Official Receiver applied for a bankruptcy restrictions order, or you signed an undertaking, some obligations continue for the period it sets, sometimes years beyond discharge. See our page on bankruptcy restrictions orders if this applies to you.
Has your interest in your home actually been sorted out?
Discharge deals with you. It does not automatically deal with your home. When the bankruptcy order was made, your beneficial interest in the property passed to the trustee, and that does not revert just because you are discharged.
- The trustee may have already sold their interest back to you or a family member, in which case get written confirmation.
- The trustee may still be deciding what to do, particularly if there is meaningful equity.
- If more than 3 years have passed since the bankruptcy order and the trustee has taken no action, the interest can revert to you automatically, subject to exceptions. See bankruptcy over 3 years ago.
If you are not sure which of these applies to you, write to the trustee, or the Official Receiver if no other trustee was appointed, and ask them to confirm the current position in writing before you speak to an adviser.
Clearing a bankruptcy entry from your property’s title
A bankruptcy order is usually registered against a property’s title at the Land Registry, so anyone checking the title, including a new lender’s solicitor, can see it. Being discharged does not remove this entry by itself.
| Step | What it involves |
|---|---|
| Confirm the trustee’s position | Get written confirmation of whether your interest has been dealt with, sold back to you, or has reverted under the 3-year rule. |
| Apply to remove the entry | Your solicitor applies to the Land Registry to cancel the bankruptcy restriction or notice, usually alongside the remortgage. |
| Provide evidence | The Land Registry will want to see the discharge certificate and any letter from the trustee or Official Receiver. |
| Lender’s solicitor checks the title | A new lender’s solicitor will not usually complete until the title is clear or arrangements are in place to clear it on completion. |
This is normal conveyancing work rather than anything unusual about your case, but it can take longer than a straightforward remortgage, so it is worth starting the paperwork early.
What lenders tend to check once you are discharged
- Your discharge date and proof of it, such as a certificate of discharge or a letter from the Official Receiver.
- How long ago that was. More time since discharge, with a clean record, tends to widen the options.
- Whether your home is genuinely free of the trustee’s interest, confirmed in writing.
- Your credit record since discharge, including any new defaults or county court judgments.
- Your mortgage payment history, particularly since the bankruptcy.
- Equity, income and affordability, assessed as for any remortgage.
If other credit issues sit alongside the bankruptcy, our guide to what counts as adverse credit explains how different entries are generally viewed.
Getting free advice while things are still being sorted out
If you are unsure what your trustee intends to do, or you are still dealing with other debts, free and impartial guidance is available from MoneyHelper, StepChange and National Debtline. GOV.UK has official guidance on bankruptcy.
If you are not borrowing more and your title is already clear, a product transfer with your existing lender can sometimes be simpler than a full remortgage.
What may affect a remortgage once you are discharged
| Factor | Why it matters |
|---|---|
| Time since discharge | More time since discharge, with a clean record since, tends to widen the options a lender may consider. |
| Whether the trustee’s interest has been resolved | A lender’s solicitor will usually want written confirmation before completion. |
| Any bankruptcy restrictions order or undertaking | This can extend your disclosure duties for years beyond discharge. |
| Bankruptcy entry on the property title | This normally needs clearing at the Land Registry alongside the remortgage. |
| Credit record since discharge | New defaults, missed payments or CCJs after discharge are often viewed more seriously than the bankruptcy itself. |
| Mortgage payment history | Keeping your mortgage up to date through and since the bankruptcy is looked at closely. |
| Property value and equity | A current valuation shows the equity, and also sets the value of any outstanding trustee interest. |
| Income and affordability | Lenders assess income and committed outgoings and stress test the payments. |
| Employment type | If your bankruptcy followed a business failure, expect questions about your current work. See self-employed remortgages with bad credit. |
These are general points, not lender rules. Each lender sets and changes its own criteria.
Information an adviser may ask for
You don’t need all of this to make an enquiry. It helps to know where to find it, because an adviser is likely to ask about most of it.
- Your certificate of discharge or a letter from the Official Receiver
- Written confirmation from the trustee about your interest in the home
- Confirmation of whether a bankruptcy restrictions order or undertaking applies
- A copy of the property title register, or ask your solicitor to obtain one
- Credit reports from Experian, Equifax and TransUnion
- Your current mortgage balance and payment history
- Proof of income
- An estimate of your property’s value
Frequently asked questions
How do I get proof that I have been discharged?
The Insolvency Service can confirm your discharge date, and you can search the Individual Insolvency Register to check your status. If you need a formal certificate of discharge, ask the Official Receiver who handled your case.
Does being discharged remove the bankruptcy entry from my property title?
No. Discharge deals with the restrictions on you personally. The Land Registry entry is separate and normally needs a specific application to remove it, once the trustee’s interest has been dealt with. Your solicitor can usually handle this as part of a remortgage.
Can I remortgage the same week I am discharged?
It is unusual, and many lenders prefer to see some time pass first, alongside confirmation that your home is clear of the trustee’s interest. Our page on a recent discharge looks at the first year in more detail.
What if my trustee has not dealt with my home three years after discharge?
Under section 283A of the Insolvency Act 1986, if the trustee has not dealt with your interest within 3 years of the bankruptcy order, it can revert to you, subject to exceptions. See bankruptcy over 3 years ago for more, and ask the trustee to confirm the position in writing.
Will a lender still ask if I have ever been bankrupt once it has dropped off my file?
Some application forms ask this regardless of what the credit file shows, and you must answer honestly. Our page on a bankruptcy over 6 years ago looks at this in detail.