Should I disclose bankruptcy?

polly9

I am a discharged bankrupt, bankruptcy was over 7years ago. I am studying for AAT and have student membership. I have recently been offered work at an accountants as a bookkeeper, they have not asked any questions but should I disclose my bankruptcy?

john1002

Polly9,

Unless your asked specifically 'have you ever been bankrupt verbally or via a contract or application form then no you do not have to disclose it and I cant see any reason why you need to.

HTH

John

JCS1

Do you still need to declare it to AAT when applying for student membership? I think it was a question on the form when I did mine.

DevCoder

The AAT state

You will be asked, on your application form, to answer ‘yes’ or ‘no’ to the following statements:
• I have been declared bankrupt
• I have been subject to a debt relief order
• I have entered into an agreement with my creditors
...
However if you have already disclosed this to the AAT and they are OK with it and you are asking should you disclose it to your possible employer then thats up to you, you might take the view that being totally transparent up front will show you aren't hiding anything...

john1002

I still would say to the question from AAT that the answer is No, as when you are discharged you are no longer bankrupt or declared bankrupt.

Had it stated I have ever been declared bankrupt then the answer is Yes.

So Polly I still think you should be saying No. As for transparancy you have served your bankrupt period so should be able to put your past behind you that is why there is a time limit.

john

globalds

http://www.aat.org.uk/sites/default/files/assets/Applicants%27%20guide%20to%20declarations%20and%20disclosure%3B%20full%20membership.pdf

What do I need to disclose
?
You will be asked, on your application form, to answer ‘yes’ or ‘no’ to the following
statements
:
•
I have been declared bankrupt
•
I have been subject to a debt relief order
•
I have entered into an agreement with my creditors
•
I have been convicted
of a criminal offence, which is not spent under the Rehabilitation of
Offenders Act
•
I have been found guilty of a civil offence
(
Examples of civil offences include; offences under
Companies Act, Health and safety legislation or UK tax laws (please note,
this is not an
exhaustive list)
•
I have been issued with a County Court Judgment
•
I have been found guilty of misconduct by another
awarding or
professional body
•
I am providing accountancy (including bookkeeping), taxation or related consultancy services o a self -employed basis
*If you are unsure whether your conviction is spent, please visit the
Your
Rights
website.
As you are applying for full
membership of a professional body, you are expected to act with integrity.
Failure to
disclose this information when asked may be considered to be a breach of professional
ethics and may result in disciplinary action.
What
do I not
need to disclose
?
You are not required to notify AAT of:
•
loan agreements
you have
entered
into (for example
student loans, mortgages, car finance
agreements etc), even if the purpose of the loan is to help pay off other debts (for example a
re-mortgage or a debt consolidation loan); and/or
•
criminal convictions which are
spent under the “Rehabilitation of Offenders Act 1974”
. Please ensure you have checked that your conviction is spent. If you do not declare a conviction that
is not spent, and it subsequently comes to light, you may be subject to disciplinary
proceedings.
What if I have been bankrupt or subject to a debt relief order?
If you have been declared bankrupt or have been subject to a Debt Relief Order (DRO) you will need
to
provide the following information
:
•
The date you were declared bankrupt
•
The amount of money you owed at the date of bankruptcy
•
The
date your bankruptcy was or is due to be discharged
•
A step by step account of what led to your bankruptcy, how the debt arose and what you used
the money for.
•
A copy of your Bankruptcy Order and Certificate of Discharge from bankruptcy (if available)
•
Any mitigating circumstances surrounding your bankruptcy (if appropriate)
•
a character reference to support your application. This needs to be a detailed statement of
your character from someone who has standing in the community, for example course tutor,
teacher, Branch Chairman, other AAT member, doctor, or solicitor. This person should
have known you for longer than six months and should also state the nature of their relationship to you
•
a written statement, providing assurance from you that you are currently financially sound,
and that you have put appropriate measures in place so that a similar situation won’t
arise in future

seems to me they want you to tell them even if you are discharged.

polly9

I disclosed my bankruptcy to the AAT and was accepted for student membership, my question relates to future employers.

alastairq

I recently had to face government questions along hte same lines as above.....I pointedly refused to rake over old coals, so merely put down for each question, that they can refer to the Official Receiver for a Court Officer's response. Unless it was an obvious question, like, what date, etc?

WHy one should have to give a figure, when in actual fact, such a figure might be impossible to recall, or unreasonable to remember..is beyond me? After all, a Bankruptcy Order covers all unsecured debt....whether declared, recognised, or not.

It's all about some clown making waves to attempt to assess integrity.

SOmehow some people still see bankruptcy as a sign of a lack of integrity?

I find that attitude appalling....especially when the self same people close their eyes to all the moral issues currently raising their ugly heads?

I sincerely hope the same people also refuse applications if one is divorced, or fallen out with one's one-time partner.......or has beaten one's kids......etc etc.....but I doubt it.

No..money rules....and those who have been BR are to be shunned....probably because it is realised, they actually know more of the secrets of the financial world, than the financial world would like.

rant over!

dojoman

john1002 wrote: »

I still would say to the question from AAT that the answer is No, as when you are discharged you are no longer bankrupt or declared bankrupt.

Had it stated I have ever been declared bankrupt then the answer is Yes.

So Polly I still think you should be saying No. As for transparancy you have served your bankrupt period so should be able to put your past behind you that is why there is a time limit.

john

The answer to that particular question should be yes, it does not ask whether you are BR but have you BEEN declared BR. Unfortunately there is no time limit to the question about ever being declared BR.

National_Debtline

Hi all

The problem seems to be that the questions on the AAT form are very poorly worded - any confusion is understandable.

Asking:

"Have you ever been declared bankrupt?"

would be so much clearer.

Dennis
Twitter: @natdebtline

JohnCarter001

I think you don't need to disclose bankruptcy unless you have been with bankruptcy verbally or with contract,