Issuing bankruptcy petitions—where to issue, the fee to pay and the documents to file
Issuing bankruptcy petitions—where to issue, the fee to pay and the documents to file

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

  • Issuing bankruptcy petitions—where to issue, the fee to pay and the documents to file
  • Coronavirus (COVID-19)
  • Where to issue the bankruptcy petition
  • The fee payable when issuing a bankruptcy petition
  • The documents that need to be filed when issuing a bankruptcy petition

Issuing bankruptcy petitions—where to issue, the fee to pay and the documents to file

Bankruptcy in England and Wales is the process whereby an individual is found to be insolvent, and that they should enter a formal process allowing the assets comprising their bankruptcy estate to be realised for the benefit of their creditors. There is a prescribed process which must be followed before either the court (for creditors' bankruptcy petitions) or the adjudicator (for debtors' bankruptcy applications) is able to make the bankruptcy order. Failure to follow the correct process could lead to the court or adjudicator refusing to make the bankruptcy order. For further reading on the bankruptcy process, see:

  1. Bankruptcy—overview

  2. Practice Note: Creditors' bankruptcy petitions—grounds and documents required for presentation

  3. Practice Note: How to effect service of a creditor’s bankruptcy petition on the debtor and what happens if service cannot be effected

  4. Practice Note: Bankruptcy petitions—process and procedure

On 6 April 2016, section 71 of the Enterprise and Regulatory Reform Act 2013 came into force. With it came the abolition of debtors' bankruptcy petitions (unless they were presented prior to 6 April 2016) and their replacement with the bankruptcy applications regime. Individual debtors seeking their own bankruptcies now must make an online bankruptcy application which is determined by an adjudicator, and not by the court. For further reading, see News Analysis: New bankruptcy

Popular documents