• Can I file for bankruptcy?

    Hello. I took out a stanbic unsecured personal loan but because of financial and mental issues I had to quit my job and go back to upcountry with my family. Currently relocated at my grandmother’s since I don’t own any property. The bank has forwarded the recovery of the loan to Garth Auctioneers who have been sending threatening messages of how they will auction property to recover the amount in full. I have tried to explain my situation and tell them I will now look for work and start repaying but they are still threatening.

    Can I declare myself bankrupt meanwhile until I am able to commence repaying the loan?

    If yes, how do I do it? 

    1 Answers May 20, 2023 5 months ago
    Hello, I'm sorry to hear about your situation. Declaring bankruptcy in Kenya is a legal process that involves filing a bankruptcy petition, either by yourself or by your creditor, and going through a series of steps to get a discharge order from the court. A discharge order frees you from your debts and from the harassment of your creditors. However, there may be exceptions as to the extent of debts that are dismissed through a discharge order. To declare yourself bankrupt, you need to prove that you are insolvent, which means that you are unable to pay your debts as they fall due. You also need to have an attorney to guide you through the process and represent you in court. The process may take several months or even years depending on the complexity of your case and the availability of the court. Declaring bankruptcy may have serious consequences on your credit rating, your reputation and your ability to access financial services in the future. Therefore, you should consider it as a last resort and explore other options such as negotiating with your creditors or seeking debt counselling before making such a decision. I hope this information helps you. If you need more details, It is necessary to hire a lawyer to guide you through the process.
    0 Vote 0 Vote May 24, 2023 4 months ago View Comments