Obtaining an Adjournment (Time to Pay)

Can I apply for the bankruptcy petition hearing be adjourned?

If the debtor asks (preferably by witness statement evidence) that the petition be adjourned to enable settlement funding to be arranged or to determine the correct position on the debt to be established, the Court may be persuaded to allow a short adjournment.

Why seek an adjournment?

Once the bankruptcy petition is issued and served on an individual, time is very limited within which to react and settle the debt (assuming it is not disputed).

At this stage the petitioning creditor ought to have exhausted pre-action bankruptcy procedures and will only want to secure its monies as soon as possible. Many individuals find they need time to pay creditors such as HM Revenue & Customs (HMRC) and wish to suspend the bankruptcy petition process temporarily in order to obtain funds to settle or properly dispute the debt.

Are creditors (such as HMRC) refusing time to pay?

We can advise you if you are able to obtain an adjournment of the bankruptcy petition even where your opponent creditor refuses consent. On hearing a bankruptcy petition the Court has a discretion as to how to deal with the petition; the Court may dismiss, adjourn (conditionally or unconditionally), make an interim or any other order that it thinks fit.

We have the necessary experience and legal knowledge of the circumstances in which the Court exercises discretion and can help to get you an often much needed adjournment. If obtained, that extra time can be sensibly used to settle or dispute the debt claimed or to enter into an insolvency arrangement to make the debt more manageable.

We specialise in advising individuals facing bankruptcy petitions and can help our clients to get time to pay by negotiating with creditors and taking care of the Court proceedings .

Asking the Court to adjourn

If the debtor asks (preferably by witness statement evidence) that the petition be adjourned to enable settlement funding to be arranged or to determine the correct position on the debt to be established, the Court may be persuaded to allow a short adjournment.

Adjournments can be given for almost any reason (preferably evidenced) and can be obtained either with or without the consent of the petitioning creditor (for example HMRC) as it is the Court which grants the adjournment not the petitioner.

We are experienced in seeking adjournments and are able to advise our clients if they have good cause to obtain an adjournment of the bankruptcy. If the debt is not disputed and is to be paid, an application can be made for the petition to be withdrawn following settlement.

How we help you obtain time to resolve the problem

HMRC and other creditors know you are taking matters seriously when you instruct a specialist law firm to assist you by negotiating with creditors and advising and representing you in and at Court.

We are a City of London law firm made up of Solicitors and Barristers and with professional chambers in the Inns of the Honourable Society of Middle Temple which is directly opposite the Royal Courts of Justice. We also regularly deal with petitions due to be heard at other High Court District Registries, or at the County Court with jurisdiction. We provide national coverage for all bankruptcy petition hearings across England & Wales.I

Our expert 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 bankruptcy@lexlaw.co.uk.

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