Dear Sir/Madam I was made Bankrupt some 17 months ago with your guidance to help me complete the procedure.I am still working hard to get myself back on track and having secured a good job for a year now I have the opportunity of applying for a role of Transport managers role within my company but am concerned that as one of the requirements is to be ‘A person of good repute’ which says bankruptcy is taken into account I am worried. I am concerned my progression within the company is limited.Should I get my promotion I will need to sit exams which VOSA (Vehicle operators standards agency) say can be done but only with “The courts permission” can this be authorised. Should I pass the exams I have an opportunity in the middle of 2018 to push for another promotion to become the company’s MD. Being an MD I believe is not allowed by bankruptcy unless agreed by the court. In conclusion I am not sure what all the phrases “The courts permissions” actually means. Can you advise please as I am keen to keep progressing but do not want to mention my Bankruptcy to more people than I need to. Yours Sincerely Mr Atkins
Dear Mr Atkins
First, I am assuming you have now been discharged from your bankruptcy, as this normally occurs after one year.
This means you are no longer a bankrupt, but now a discharged bankrupt.
Providing you have not had a Bankruptcy Restriction Order (BRO) made against you, the normal restrictions that normally apply, no longer apply. For example the rules prohibiting you from being a director of a Limited company don’t appy. The courts permission is only required if you have not yet been discharged or a BRO was made against you.
This is not to say, however, if you are asked, have you ever been made bankrupt, you do not have to answer the question honestly. As a person of “good repute” you would be expected to answer honestly.
It is unlikely that a previous bankruptcy will be held against you if you have been discharged and no BRO was granted.
It was a legally approved remedy you used to address your over-indebtedness and providing you co-operated with your trustee in bankruptcy, the idea is you should have a fresh start.
You don’t need to tell everyone that you were previously bankrupt, but if you are asked by an employer in relation to a job or in an official form you should answer honestly. Failure to do so can be evidence you are not a person of “good repute”.
In terms of the VOSA exams, I must confess I have no detailed knowledge of these, but believe VOSA has now merged with the Drivers Vehicle Standards Agency.
Again, I would be surprised if the fact you were previously bankrupt would now be held against you if you are now discharged.