A failed business venture.
A debilitating long-term illness.
Poor accounting practice.
There are many different reasons that a person will
declare themselves bankrupt.
It can be one of the most stressful times in someone’s
life and is often seen as the only alternative, when
all other avenues have been exhausted.
By filing for bankruptcy, the immediate issue of
crippling debt can be alleviated but what are the
implications in terms of employment?
It is not permissible to continue as a Barrister,
Chartered Accountant, MP, Local Authority official
or Justice Of The Peace. And anyone employed by the
Police or Armed Forces can severely hinder their
career prospects.
Furthermore, many roles in the financial sector
can become untenable if you are declared bankrupt.
But the majority of people who file are not usually
from one of the well regarded professions above.
What about small business? The sole proprietor?
The limited company director? Is it possible to pick
up the pieces after bankruptcy and be gainfully employed?
As a sole proprietor or businessperson you will,
most probably, have your assets such as your house
and/or car, repossessed. The bankruptcy order now
only lasts for 12 months, in which time you are barred
from saving, but repayments can continue for up to
3 years.
So with no private funds or assets for such a substantial
period of time it is unlikely that you would be able
to continue or relaunch your business.
And obviously, there would be no assistance from
financial institutions in addition to the serious
damage done to your credit rating (which would stay
on record for up to 6 years).
You are also not allowed to act as a Limited Company
Director or be involved in the promotion, formation
or management of a limited company without consent
from the courts. Moreover, your decision to declare
yourself bankrupt would be publicly announced in
the local paper.
So if you are currently the director of a company,
going bankrupt could have serious implications for
your business as well as for you.
If you decide to seek employment within another
organisation or company there can sometimes be problems
too. Many large corporate businesses will ask prospective
employees if they have ever been declared bankrupt.
Some will even run financial credit checks and background
searches to confirm the information given.
This can then lead to limited opportunities when
it comes to promotion. And there have also been examples
where it would seem that bankruptcy has stopped candidates
from being employed altogether.
But for many, bankruptcy is not actually the only
alternative. A lot of people have avoided declaring
themselves bankrupt by turning to other means of
reducing their debt.
There are numerous financial institutions which
now offer debt consolidation or you can set up an
IVA (Individual Voluntary Arrangement) through a
licensed Insolvency Practitioner.
An IVA is a legally binding agreement between you
and your creditors to make reduced payments towards
your total debt. Usually, these repayments last for
5 years and pay off a percentage of what you owe.
After this time the debt is considered repaid in
full.
As bankruptcy can potentially limit your employability
it would seem prudent to investigate these other
options before deciding to declare. |