How do I defend a bankruptcy petition?
A bankruptcy petition may be challenged if:
- the debt alleged is genuinely disputed on substantial grounds; or
- the debtor has a genuine right of set-off against the creditor.
What is the procedure to oppose a bankruptcy petition?
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 debtor chooses not to instruct legal representatives, they can attend personally to represent themselves.
Instruct Specialist Bankruptcy Petition Solicitors
We are a specialist City of London law firm made up of Solicitors & Barristers operating from the only law firm based in the Middle Temple Inns of Courtadjacent to the Royal Courts of Justice. Generally many solicitors are unfamiliar with the Insolvency Rules and the minutiae of the bankruptcy process, we are experts in dealing with matters surrounding individual insolvency. Our team have unparalleled experience at cancelling bankruptcy orders, liaising with the Official Receiver, providing a solicitor’s undertaking, representing you at any bankruptcy hearing at the Bankruptcy Court, at the Royal Courts of Justice (Rolls Building), or the relevant High Court District Registry or County Court with jurisdiction under the Insolvency Rules.