Q&As

Can a creditor give notice to support a bankruptcy petition once the first hearing of the petition (which was adjourned) has occurred? And can a creditor support a bankruptcy petition even if the debt owed to them is less than the bankruptcy level?

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Produced in partnership with Natalie Brown of Radcliffe Chambers
Published on LexisPSL on 04/04/2017

The following Restructuring & Insolvency Q&A produced in partnership with Natalie Brown of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Can a creditor give notice to support a bankruptcy petition once the first hearing of the petition (which was adjourned) has occurred? And can a creditor support a bankruptcy petition even if the debt owed to them is less than the bankruptcy level?

Can a creditor give notice to support a bankruptcy petition once the first hearing of the petition (which was adjourned) has occurred? And can a creditor support a bankruptcy petition even if the debt owed to them is less than the bankruptcy level?

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.

This Q&A is based on the Insolvency Rules 1986 (IR 1986), SI 1986/1925 as in force on 27 February 2017. Note that new insolvency rules (the Insolvency (England and Wales) Rule 2016 (IR 2016), SI 2016/1024) are due to come into force on 6 April 2017 and repeal the IR 1986, SI 1986/1925 in their entirety.

In order for a supporting (or opposing) creditor to have the right to be heard at the hearing of the bankruptcy petition, notice of an intention to appear at the hearing must be given in accordance with IR 1986, SI

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