Q&As

At which court should I issue the bankruptcy petition?

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Published on LexisPSL on 22/11/2013

The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:

  • At which court should I issue the bankruptcy petition?
  • What is the general position on jurisdiction?
  • To which court should I present?
  • What if the local county court doesn't deal with insolvency?
  • What if the debtor is based in central London?
  • So, what should I do?

At which court should I issue the bankruptcy petition?

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change.

What is the general position on jurisdiction?

The basic rule on where to present the bankruptcy petition is that it should be presented at the county court in the district where the debtor has, for the greater part of the preceding six months immediately before the bankruptcy petition was presented, resided or carried on business (Insolvency Rules 1986,  r 6.9A(2)) (SI 1986/1925,. This provision applies for petitions presented by both creditors and the debtor.

The only exception to this rule is if the debtor has, for the greater part of the preceding six months immediately before the bankruptcy petition was presented, resided or carried on business in central London. For analysis on this, see What if the debtor is

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