A summary checklist and timeline for making someone bankrupt following the service of a statutory demand

Copyright © 2025 LexisNexis
Published by a LexisNexis Restructuring & Insolvency expert
Checklists

A summary checklist and timeline for making someone bankrupt following the service of a statutory demand

Copyright © 2025 LexisNexis

Published by a LexisNexis Restructuring & Insolvency expert

Checklists
imgtext

Step/actionTime (days)Section/rule
1.Prepare statutory demand.Depending on the nature of the debt claimed, see:
  1. •

    (Form SD2) r 10.1 Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately (Formerly form 6.1)

  2. •

    (Form SD3) r 10.1 Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986. Debt Payable at Future Date (Formerly form 6.3)

  3. •

    (Form SD4) r 10.1 Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgment or Order of the Court (Formerly form 6.2)

Day 1Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 10.1Section 268 of Insolvency Act 1986 (IA 1986)
2.Arrange for and effect service of the statutory demand on the debtor. This should be by way of personal service unless the circumstances are exceptional.Day 2–10IA 1986, s 268IR 2016, SI 2016/1024, r 10.2PDIP, para 12.7
3.Allow the debtor 21 clear days from service
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Jurisdiction(s):
United Kingdom
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