Is bankruptcy ever a 'spent conviction'?

If it's no longer on your credit file, and you're not applying for credit form one of the organisations that were a creditor when you were declared bankrupt, then it's unlikely anyone will know, unless that company keeps a record of all bankruptcies since the year dot and/or you tell them.

Some might say there is a moral duty to disclose, however, morallity with financial institutions seems to be a one way passage, so what they consider is wrong for you, they might consider alright for them.

Personally, I would have no compulsion to disclose a past which I have well and truly "spent". Some people on here might argue that you would be giving a false statement by not declaring you were a bankrupt, but unless a company goes into lots of digging (unlikely because they no longer have the resource) then its unlikely they will ever discover your true past.

OTOH obtaining money or a pecuniary advantage by deception can have serious consequences and it only costs a pound for them (or anybody) to check by searching the Land Charges Registry whose records do indeed for all practical purposes go back to "the year dot".

bankruptcy is not a conviction at all, and the Rehabilitation of Offenders Act does not apply to it. So it never becomes 'spent'.

Andrew McGee

But bankruptcies aren't stored there are they? The LCR is for land charges.

Francis

Ah, light dawns. If land is *owned* by a bankrupt then an entry is made on the LCR or the land registry (depending on whether the land is registered or not), and that's what you mean, not that bankrupts are entered on the LCR. I was getting worried.

But that would be essentially useless for someone doing a credit check since (a) it wouldn't work for bankrupts who did not own land (lots in my experience); and (b) you would have to know which land they owned to look on the land register.

Also, the entry would only last as long as the bankruptcy unless there were a charge over the property wouldn't it? What makes you think it goes back to "the year dot".

Francis

And I rather think you should be. When a Receiving Order is made, how would the Court or the Receiver or anyone else (other than the Bankrupt) know what land was vested in the Bankrupt?

Hmm. It might not be that LC Register alone that should concern you.

Oh dear!. I feel a law exam question coming on ...

"Adrian is approached by Betty who feels that she may have a problem. She has purchased a valuable rural property from Cedric who had contracted to sell to her and had conveyed as mortgagee in possession from Dennis who had had the land conveyed to him under a conveyance on sale in 1930. Betty had felt reasonably confident in her ability to do her own conveyancing but wanted a little help and had been recommended by Egbert to seek advice first from Frankie (Egbert had said that Frankie was a qualified lawyer and "I understand that he is sh*t-hot on leasehold stuff but I am not too sure how familiar he is with routine unregistered conveyancing"). Frankie had assured her that bankruptcies have a sell-by date, following which they may be regarded as having expired and she should not worry her pretty little head about them. Having parted with her (substantial) dosh Betty was surprised to hear (again from Egbert) that Cedric had spent part of the proceeds of his sale on celebrating a Civil Partnership with Dennis, the couple then having taken the rest of the loot and gone to live together in Sri Lanka. She next received a letter from Graham who has written to her enclosing a certified copy of a conveyance on sale to him of the greater part of the property, which he had purchased in 1932 from the trustee in bankruptcy of Dennis, against whom a receiving order had been made in 1931.

How should Adrian best explain to Betty:

(a) why it was a good idea for the Government to arrange for a register of bankruptcies to be maintained at the Land Charges Registry even though a bankruptcy is not in itself a land charge (a) the purpose and effect of a land charges search made on form K15 (c) the purpose and effect of a bankruptcy search made in the Land Charges Registry on form K16 (d) why Graham's title is better than hers in respect of the land which he purchased in 1932 (e) that while the status of bankruptcy may expire, the historic fact of a past bankruptcy cannot. (f) what remedy she may have against Egbert and/or Frankie to recover her loss?"

Is there not a Government register of former bankrupts. There is in New Zealand and it is on the internet for all to check.

Isn't Stubbs Gazette the source of this information?

There is a weekly commercial publication called Stubbs Gazette.

Google for details