How to effect service of a creditor's bankruptcy petition on the debtor and what happens if service cannot be effected

The following Restructuring & Insolvency practice note provides comprehensive and up to date legal information covering:

  • How to effect service of a creditor's bankruptcy petition on the debtor and what happens if service cannot be effected
  • Coronavirus (COVID-19)
  • The general rule—personal service of the bankruptcy petition on the debtor
  • What if personal service of the bankruptcy petition cannot be effected?
  • How to serve a bankruptcy petition on a debtor located out of the jurisdiction
  • When the debtor dies before service of the bankruptcy petition
  • After service of the bankruptcy petition is effected

How to effect service of a creditor's bankruptcy petition on the debtor and what happens if service cannot be effected

Once the bankruptcy petition and supporting documents have been presented (or issued) at court, the first step the petitioning creditor will need to take is to effect service of the documents on the debtor. This Practice Note sets out the ways in which a petitioning creditor must effect service of the bankruptcy petition on the debtor. It does not specifically deal with service of any other documents in insolvency proceedings.

For further guidance on how to issue a bankruptcy petition or the procedure at the bankruptcy hearing, see Practice Notes:

  1. Creditors' bankruptcy petitions—grounds and documents required for presentation

  2. Bankruptcy petitions—process and procedure

Coronavirus (COVID-19)

This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and processes as a result of the Coronavirus (COVID-19) pandemic. For further information, see Practice Note: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings. For related news, guidance and other resources to assist practitioners working on restructuring and insolvency matters, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview.

The general rule—personal service of the bankruptcy petition on the debtor

The general rule is that a sealed copy of the bankruptcy petition must (absent any order of the court for substituted service) be personally served on the debtor by either an

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