How to Annul a Bankruptcy

Bankruptcies can be annulled, but debts must still be paid.

If you think a bankruptcy was made in error, or if you file for bankruptcy but later make a separate agreement with your creditors or pay the balance owed to them in full, you may be qualified to annul the bankruptcy. After an annulment is granted, you will return to your prebankruptcy status, but you will still be responsible for any unpaid debts.

Instructions

If You Think a Bankruptcy Was Made in Error

1. Go to your local courthouse and ask the clerk who has been handling your bankruptcy for an application of annulment relating to your bankruptcy.

2. Write an affidavit or witness statement saying why the bankruptcy should never have been ordered. Present all relevant facts and either swear an oath that the statements are true or sign the statement in front of an attorney.

3. Make copies of your forms and statements. You will need them later to give to the official receiver and/or trustee.

4. Take the application and statement to the court in person, or mail the documents to the court judge. You will be given a hearing date.

5. Notify the official receiver and the trustee of the hearing date and time. You should notify them at least a month in advance, if possible, so that they have enough time to prepare to appear in court. Send them copies of the application and statement.

6. Attend the hearing.

7. Pay any bankruptcy fees and expenses, if applicable.

If You Have Paid Off All Your Debts

1. Go to your local courthouse and ask the clerk who has been handling your bankruptcy for an application of annulment relating to your bankruptcy.

2. Write an affidavit or witness statement affirming that you have paid off your debts. The statement must include information about your assets and debts, as well as an accounting of the payments you have made to your creditors.

3. Make copies of your forms and statements. You will need them later to give to the official receiver and/or trustee.

4. Deliver the affidavit or witness statement to your judge. You will then be given a court hearing date.

5. Notify the official receiver and the trustee of the hearing date and time. You should notify them at least a month in advance, if possible, so that they have enough time to prepare to appear in court. Send them copies of the application and statement.

6. Attend your bankruptcy annulment hearing.

If You Have Made a Separate Agreement With Your Creditors

1. Attend the creditors meeting called by your bankruptcy attorney.

2. Go to your local courthouse and ask the clerk who has been handling your bankruptcy for an application of annulment relating to your bankruptcy. Alternately, you can have the person supervising your voluntary arrangement request and fill out the application.

3. Write an affidavit or witness statement affirming that you have made an individual voluntary arrangement with your creditors.

4. Make copies of your forms and statements. You will need them later to give to the official receiver and/or trustee.

5. Deliver the affidavit or witness statement to your judge. You will then be given a court hearing date.

6. Notify the official receiver and the trustee of the hearing date and time. You should notify them at least a month in advance, if possible, so that they have enough time to prepare to appear in court. Send them copies of the application and statement.

7. Attend your bankruptcy annulment hearing.

References

• Financial Technics: Bankruptcy Annulment