Does bankruptcy cancel CCJs?

satellitebadger

Hello,

Quick (theoretical) question:

If someone has a CCJ, and they have been ordered to make regular payments, would they still be required to make those payments if they were subsequently declared bankrupt? Or would the CCJ be treated as any other debt and included in the bankruptcy?

Many thanks.

Bakeybadoo

A criminal or court fine is not included.

Everything else should be but the OR told my OH it was up to the court in question to decide. We've heard nothing since and paid nothing on the CCJ.

fermi

Assuming that the original debt is one that can be included in bankruptcy, then this should be yes.

The BR order would supersede the CCJ.

However if the court has determined that you have enough spare income to pay something towards the CCJ, then it is possible that the Official Receiver could get an Income Payments Agreement/Order which would require you to pay a proportion of your surplus income towards your BR debts.

Have you take advice from CCCS or CAB yet about your options?