Bankruptcy Creditors Petition

If you would like to talk to us in person about how someone else can make you bankrupt then please call us on 0800 804 7447 for a free confidential consultation.

You can also fill in our enquiry form and we'll get back to you.

Someone else can make you bankrupt if you owe them more than £750 (unsecured debt).

The creditor applies to Court using a bankruptcy petition, the petition is presented to the Court and the usual grounds used are that a debtor cannot pay his/her debts as they fall due.

If these grounds are used, the creditor must prove to the Court you are unable to pay your debts as they fall due and can usually do this by presenting a statutory demand which remains unpaid and has not been set aside or the creditor has obtained a judgement against you and execution is unsatisfied (ie the bailiff or sheriff has not been able to seize goods to the value of the debts).

The creditor can apply to the Court dealing with bankruptcies in an area in which you reside.

The bankruptcy petition must be served on you and a statement of truth will be lodged at Court verifying the bankruptcy petition and that it has been served on you.

The creditor pays the fees to the Court to make you bankrupt, this includes an amount for the Court fee and the Official Receivers deposit.

The Court will fix the date and place where the petition will be heard. If you wish to oppose the petition you must give the Court a statement of truth at least 7 days before the hearing.

At the Court hearing the Court may either:-

1. Make a bankruptcy order, or
2. Dismiss the application, or
3. Delay proceedings to make a future decision, this is known as an adjournment

If you’re not sure what information you need or you want to discuss all your options please feel free to give our team a call on 0800 8047447 for a free confidential consultation.

Or complete our enquiry form and we will call you back