A Creditor can raise a Bankruptcy Petition in relation to an individual where the Creditor (the person who is owed money) is able to show that the Debtor (the person who owes money) is unable to pay their debts as and when they fall due. 

This only applies to individuals. There is a separate process called Winding Up, in relation to Companies that owe money.

There are various routes by which a Bankruptcy Petition can be raise. The most common is where a Statutory Demand has been served and not complied with.

The Creditor will file the Petition with the Court and will be given a return date, and a venue, for a Court hearing. At this hearing, the Court will decide whether or not to make a Bankruptcy Order against the Debtor.

This is a serious sanction for the Debtor. As such, it is a requirement that the Bankruptcy Petition is personally served upon the Debtor. If this is not possible, the Creditor must apply to the Court for an Order for service upon the Debtor by another method.

INSTRUCT US

What we do to help Creditors and Insolvency Professionals

We’re regularly instructed to assist Creditors by effecting personal service of Bankruptcy Petition upon individuals.

We’re also instructed by Insolvency Practitioners in cases where an individual has breached the terms of their Individual Voluntary Arrangement (‘IVA’).

If you want us to assist you in serving a Bankruptcy Petition, click on the ‘Instruct Us’ button.

We are Lincs Process Servers

We serve legal documents all over Lincolnshire, Cambridgeshire and Nottinghamshire for a fixed fee. We assist our creditor partners and their professional advisors with their debt collection by providing field services aimed at driving recoveries, delivering intelligence and maintaining the customer-supplier relationship.

If you, or one of your clients, would benefit from this approach, get in touch.