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.
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.
We can guide you through the minefield of complex bankruptcy rules and procedure and help you 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.
Total individual insolvencies (2018)
Total bankruptcy orders (2018)
Bankruptcy orders (January-April 2019)
Debt owed to creditor to present a bankruptcy petition
(Source: The Insolvency Service)
Reasons you should instruct us
LEADING CITY LAWYERS
Qualified solicitors and barristers with insolvency knowledge and litigation expertise operating from the only law firm in Middle Temple (a Barristers’ Inn of Court)
We are dedicated specialists and secure annulments, set aside statutory demands, liaise with the Official Receiver and manage the entire bankruptcy process
authorised & REGULATED
Unlike unregulated companies preying on the financially vulnerable, we offer independent legal advice regulated by the SRA and BSB
We recommend that you let experts handle your matter. Here’s why:
- reduce failure risk from attempting to manage and understand complex bankruptcy petition or annulment rules and laws yourself;
- expert assistance and advice which can obtain an optimal result; and
- dedicated specialists which results in a faster solution to your problem.
Our Areas of Expertise
Do you need an Insolvency Solicitor to bring or defend a Bankruptcy Petition? Debt Recovery? Adjournment? Time to pay? Annulment?
We are a specialist leading City of London law firm based in the Middle Temple Inns of Court adjacent to the Royal Courts of Justice, High Court and Companies Court.
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.
Our Media Highlights
Our solicitors and barristers are London’s leading UK bankruptcy and annulment lawyers. Our expert team are regularly featured in national print and broadcast media providing advice and commentary on legal issues and our cases.
Bankruptcy is a legal process by which a person declares voluntarily or is forced to declare by a creditor that they cannot repay their existing unsecured debts.
A bankruptcy petition is an application made by a creditor who is owed money for the debtor’s assets to be sold to pay their debts e.g. where a statutory demand has not been paid. A debtor can also apply for a bankruptcy petition if they cannot pay their own debts. The Court will then list the petition for a hearing and if it is shown at the hearing that the debtor cannot pay its debts, then the Court will make a bankruptcy order.
Yes. But there are only limited grounds on which the debtor can oppose a bankruptcy order. A bankruptcy petition may be challenged on the following grounds:
- the debt alleged in the demand to be owing is genuinely disputed on substantial grounds by the debtor. If the debt is disputed, the petition will likely be dismissed by the court;
- however, unsuccessful arguments presented in an attempt to set aside a statutory demand cannot be reheard by the Court at the bankruptcy petition hearing;
- the Court can also dismiss the petition if it is satisfied that the debtor is able to pay all the debts to the creditor; or
- the company has a genuine right of set-off against the creditor which exceeds the amount claimed in the demand.
The Official Receiver (OR) is a civil servant working for the Insolvency Service. When you are declared bankrupt the OR takes control of all of your assets and you have a duty to co-operate with them. The Official Receiver acts as a trustee of the bankrupt’s estate.
A Bankruptcy Restriction Order (BRO) is a court order, which extends the period of time for which you have to follow certain restrictions. This can last up to 15 years and can restrict your financial affairs.
Bankruptcy offences are criminal offences. There are many different kinds of bankruptcy offences and you can be punished with a fine or be sent to prison for up to seven years for committing an offence. Examples of such offences include:
- being dishonest or failing to disclose relevant information about your finances or property at any point throughout your bankruptcy;
- hiding any property worth £500 or more which should be handed over to the Official Receiver or trustee;
- getting credit of £500 or more without telling the lender about your bankruptcy;
- carrying on business under a different name from the one under which you were declared bankrupt;
- becoming a company director or holding certain positions without the court’s permission; and
- breaking any other restrictions that are placed on you during the bankruptcy period.
A statutory demand is a document outlining a creditor’s claim against a debtor. The statutory demand is intended to be relied upon in further legal proceedings against you (to bankrupt an individual) and which ought to: provide details of the financial claim, with interest calculated to the date of the demand; be served on you as debtor personally or by post; and tell you what to do to comply with the demand, have it set aside and the consequences of doing neither. The format must follow the guidelines set out in the Insolvency Rules 1986, but it is not a court document. Although the demand is dated at the time of issue, it does not expire. The time limits to deal with a demand only apply from the date of service.
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.
Bankruptcy Solicitors & Barristers provide professional and specialist legal advice to guide you to the best legal outcome. Our team of London lawyers
are based in Middle Temple adjacent to the Royal Courts of Justice. For your case assessment and for more information about our legal services get in touch using our online form
, ☎ 02071830529
or email us on email@example.com