How to make an individual bankrupt
Q. What are the requirements for making an individual bankrupt?
A. In order to petition to make someone bankrupt they must owe you an undisputed debt which is £5,000 or more.
Q. What is the first step?
A. You must first serve the individual with a statutory demand in a set format giving the individual 21 days to make payment to you.
Q. What if the statutory demand does not provoke payment?
A. If the individual does not make payment after the 21 day period then they will be deemed to be unable to pay their debts and you will be able to make a petition for their bankruptcy.
Q. How is a bankruptcy petition made?
A. A bankruptcy petition is made via a set form. The form requires details of the parties, the debt and any interest and confirmation that the necessary searches have been carried out.
Q. Which court does the petition need to be filed in?
A. The petition should be filed in whichever county court is closest to where the individual resides i.e. the individual’s home court.
Q. What costs are involved?
A. There is a court fee of £280. There is also an Official Receiver’s deposit of £990. Both the statutory demand and the bankruptcy petition should be served on the individual by a process server. The process server fee is ordinarily in the region of £100 depending on location.
Q. What happens next?
A. A date will be scheduled for the bankruptcy hearing. Some additional documents will have to be filed at court to confirm whether there are any other creditors and that the debt remains outstanding. If the judge is satisfied that the individual meets the requirements for bankruptcy then a Bankruptcy Order will be made.
Q. Can mfg assist me?
A. Bankruptcy is a rather complicated process and it is advisable that solicitors are instructed. Samuel Pedley is experienced in bankruptcy matters and can draft a statutory demand for as little as £150 plus VAT and a bankruptcy petition for as little as £500 plus VAT. For further information you can contact Samuel on samuel.pedley@mfgsolicitors.com.
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