Apply to bankrupt someone who owes you money
Apply
The bankruptcy petition form you fill in depends on whether:
- the debtor has not responded to a statutory demand
- the sheriff or bailiff could not recover enough assets to pay the debt
You바카라 사이트檒l also need to provide the following as part of the petition:
- a statement of truth confirming the details of your petition
- a declaration that you바카라 사이트檝e carried out searches
- evidence you바카라 사이트檙e owed money
Presenting the petition
How you present the petition will depend on the debtor바카라 사이트檚 circumstances.
if the debtor either:
- lives in London and owes you 拢50,000 or more
- has 바카라 사이트榥o fixed abode바카라 사이트� (no fixed or regular address)
It바카라 사이트檒l go to the High Court.
Otherwise, give the petition in person to the county court nearest to where the debtor lives or works.
If the debtor owns a business
Choose the court nearest to the debtor바카라 사이트檚 business address unless this changed in the last 6 months and they바카라 사이트檝e been at their home address longer.
After you apply
You바카라 사이트檒l need to give (바카라 사이트榮erve바카라 사이트�) a copy of the petition to the debtor in person.
If the debtor has an individual voluntary arrangement (IVA) you바카라 사이트檒l also need to give a copy to the supervisor.
Send the court a certificate of service (form N215) to confirm you바카라 사이트檝e done this.
If your case is with the High Court you can only . If it바카라 사이트檚 with another court you can send it there by post.
If you cannot serve the petition to the debtor in person
You can ask the court for permission to serve it in another way, for example by post.
You바카라 사이트檒l have to provide a certificate of service confirming you바카라 사이트檝e used a 바카라 사이트榮ubstituted service바카라 사이트�.
Court hearing
The court will tell you where and when the petition will be heard. This will be at least 14 days after you served the petition to the debtor.
The debtor can oppose the petition by giving the court a statement of truth at least 5 days before the hearing.
You must list the people that you want to appear and speak at the hearing.
The debtor and a supervisor of an IVA can also appear and speak at the hearing.
At the end of the hearing the court can:
- stay (delay or stop) the petition
- dismiss the petition
- adjourn (postpone) the hearing
- make a bankruptcy order
If the court dismisses your petition, you바카라 사이트檒l get your petition deposit back.
Read more about what happens after a bankruptcy order is made.
After the hearing
An official receiver at the Insolvency Service will deal with the early stages of a bankruptcy and send you a report.
This usually takes 4 weeks, but can take 12 weeks, or longer if a case is complicated.
Appeals
You can appeal to the court if your petition is rejected.
Check with the court where you made your petition for how to appeal.