Your search for help in relation to debt recovery or to avoid bankruptcy ends here. Our results-focused team made up of experienced insolvency lawyers can assist by providing you with a bespoke solution if you are an individual facing a debt or bankruptcy petition.
Our Expert Bankruptcy Petition Solicitors
We are leading experts specialising in Bankruptcy Petitions. We regularly assist with issuing petitions or setting aside statutory demands or defending petitions. We also specialise in making bankruptcy annulment applications.
We can guide you through the minefield of complex bankruptcy rules and procedure and help your company to manage the entire process.
We have years of experience in negotiating with creditors and their solicitors (in particular HMRC). We regularly represent our clients in the High Court/Bankruptcy Court and successfully obtain adjournments (e.g. to allow time to negotiate and settle or to defend a bankruptcy petition) or apply for annulment.
How do I declare myself bankrupt?
You can present a bankruptcy petition against yourself if you can show that you are unable to pay your debts. There is no minimum level of debt you have to show before you can do so.
A bankruptcy petition can be presented by the individual if they wish to make themselves bankrupt or if you have already entered into an Individual Voluntary Arrangement (“IVA”) by the supervisor of the IVA.
An application must be made to the Court and should be supported by a Statement of Affairs detailing your current financial position. The application must comply with certain statutory requirements and you will also be required to pay a court fee.
If the application is successful, a bankruptcy order will be made within 28 days. You will be required to attend an interview with the Official Receiver and the Official Receiver will notify the Land Charges Department that the order has been made and this will be added to the public register of writs and orders.
The decision to make yourself bankrupt is a very serious one and it is important to obtain advice from solicitors before taking such a step. We can advise you on the procedures and consequences of bankruptcy and any alternative options available to you.
If you present your own bankruptcy petition, we can assist you in the process from preparing the petition to completing the Statement of Affairs, which are all important, detailed and complex documents.
Defending a bankruptcy petition
Where the grounds to challenge the petition exist it would be sensible to oppose the bankruptcy petition. A bankruptcy petition may be challenged by a company on the following grounds:
- the debt alleged in the demand to be owing is genuinely disputed on substantial grounds by the company; or
- the company has a genuine right of set-off against the creditor which exceeds the amount claimed in the demand.
The procedure to oppose a bankruptcy petition is to file a witness statement in opposition in court not less than five business days before the date of the hearing of the petition (rule 4.18(1), Insolvency Rules). A copy of the evidence must also be sent to the petitioning creditor as soon as reasonably practicable (rule 4.18(2), Insolvency Rules).
The individual is entitled to appear at the hearing of the petition and to oppose the making of a bankruptcy order. It is usual for a individual to instruct solicitors and/or counsel to appear on his or her behalf at the hearing.
If the individual chooses not to instruct legal representatives, they can attend personally to represent themselves.
Can my bankruptcy be cancelled?
If you are made bankrupt, your assets, including your home (if you are the sole owner), will be transferred to your trustee in bankruptcy. This will not be reversed when you are discharged.
You can however apply to have your bankruptcy annulled and it will be treated as if it had never happened and your assets will be restored to you. You can apply to have your bankruptcy annulled on the following grounds:
- The bankruptcy order should not have been made;
- The bankruptcy debts and expense of the bankruptcy have all been paid or secured to the satisfaction of the court; or
- You have entered into an Individual Voluntary Arrangement since the bankruptcy order was made.
How do I annul my bankruptcy?
To annul your bankruptcy you must submit an application to the court, which will include a witness statement and evidence. You will also be required to pay a court fee.
The court will then list your application for a hearing.
It is important you get legal advice throughout the process and a legal representative to represent you at any hearing in order to get the best possible outcome and your bankruptcy successfully annulled.
Do you need an Insolvency Solicitor to bring or defend a Bankruptcy Petition? Debt Recovery? Adjournment? Time to pay? Annulment?
We have the strongest possible record of success in dealing with numerous bankruptcy petitions and are regularly recommended to clients by leading accountants and leading insolvency professionals.
You can be assured that your insolvency matter is in safe hands and that we will act cost effectively. Our success rate is a result of the dedication of our insolvency lawyers who will diligently review your matter to ensure it has the best possible chance of success from the outset when it matters the most.
Book an initial consultation with expert Bankruptcy Solicitors and Barristers
We are a specialist City of London law firm made up of Solicitors & Barristers and are based in the legal heart of London in Middle Temple (one of the four prestigious barristers’ Inns of Court) adjacent to the Royal Courts of Justice.
We are experts in dealing with matters surrounding bankruptcy including defending bankruptcy petitions; managing bankruptcy applications (including annulments); advising on bankruptcy petitions and offences; and liaising with the Official Receiver. Whilst we are based in London we provide national coverage across all Courts in England & Wales.
Our London Bankruptcy Petition Solicitors & Barristers are able to provide specialist legal information and advice to guide you to the best possible legal outcome. For your case assessment, just get in touch via our online form or call a member of our Bankruptcy Law team on 02071830529.