Debt Recovery

Bankruptcy Petition

Take legal action to recover outstanding debts

A Bankruptcy Petition is a formal legal process that allows creditors to request the court to declare a debtor bankrupt due to their inability to pay outstanding debts. If a debtor owes you more than £5,000 and has not responded to previous efforts, including a Statutory Demand, filing a Bankruptcy Petition may be the most effective way to recover what you're owed. Our Bankruptcy Petition service guides you through this complex procedure, ensuring your case is handled with professionalism and efficiency.

A Bankruptcy Petition is submitted when a debtor, owing over £5,000, fails to respond to a Statutory Demand or resolve the debt within 21 days. Once a Bankruptcy Order is granted, the debtor's assets are liquidated to settle the debt, though there is a risk of the debt being written off if the debtor has insufficient assets. Our team at Helpland provides expert assistance in submitting Bankruptcy Petitions, ensuring that your interests are protected and that you are well-supported throughout the debt recovery process. Reach out to us for comprehensive guidance in pursuing a Bankruptcy Petition.

Take Action Now

If previous attempts to recover unpaid debts have failed, a Bankruptcy Petition could be your most effective option. Contact us today to begin the process and take decisive legal action to recover what’s rightfully yours. 

What is the Bankruptcy Petition Service?

A Bankruptcy Petition is a formal request to the court, asking for a Bankruptcy Order to be issued against a debtor who is unable to repay their debts. Once granted, the debtor’s assets are placed under the control of a trustee, who liquidates them to repay creditors. This method is often seen as a last resort when other debt recovery methods, like Statutory Demands, have been unsuccessful. Our service covers everything from preparing the necessary paperwork to representing you in court, ensuring the best chance of recovering what you’re owed.

How it works

  • Eligibility Assessment: We begin by reviewing your case to ensure it meets the legal criteria for filing a Bankruptcy Petition. The debt must exceed £5,000, and previous efforts, such as issuing a Statutory Demand, should have been ignored or unresolved.
  • Preparing the Petition: Our legal team drafts the Bankruptcy Petition, detailing the debt amount and outlining all prior steps taken to recover the money. This document is crucial in showing the court why bankruptcy is the appropriate next step.
  • Filing the Petition: Once everything is prepared, we submit the petition to the court and ensure the debtor receives formal notice of the action. This filing is a key step in beginning the legal process.
  • Court Hearing: The court schedules a hearing to review the petition. During this hearing, the debtor’s financial status is assessed. If the court determines that the debtor cannot repay the debt, a Bankruptcy Order will be issued.
  • Asset Management: Following the Bankruptcy Order, a trustee is appointed to manage the debtor’s assets. These assets will be liquidated, and the funds distributed to creditors. Our team will assist you throughout this stage to help maximise your recovery.
  • Debt Recovery: If the debtor has valuable assets, they will be sold off to repay the outstanding debt. However, if the debtor lacks sufficient assets, there is a possibility the debt may be written off. We provide guidance throughout to help secure the best possible outcome.

Why choose us?

  • Expert Legal Support: With years of experience, our legal team ensures your Bankruptcy Petition is prepared correctly and filed efficiently, giving you the best chance of success.
  • Effective Debt Recovery: Bankruptcy can be a powerful tool for recovering significant debts, particularly when other methods have failed, offering a definitive way to pursue outstanding payments.
  • Comprehensive Service: We handle every aspect of the bankruptcy process, from assessing your case to representing you in court, allowing you to focus on other matters while we manage the complexities of the case.
  • Transparent Costs: We provide clear and upfront pricing, ensuring you know exactly what costs are involved before proceeding with the petition.
  • Personalised Advice: Every case is unique, and we offer tailored advice specific to your situation, maximising your chances of recovering the debt.

FAQs

This service is recommended if you are owed more than £5,000 by an individual or sole trader and they have failed to repay the debt, particularly after a Statutory Demand has been ignored.

There are both court fees and legal costs associated with filing a Bankruptcy Petition. We ensure full transparency by providing a detailed breakdown of these costs before moving forward.

If the debtor lacks sufficient assets, there is a risk that the debt may not be recovered. However, we will assess the debtor’s financial situation before advising you on whether this course of action is appropriate.

Yes, the debtor can dispute the petition, either by arguing they do not owe the debt or by contesting the amount. In such cases, we offer expert legal representation to protect your interests.

Once a Bankruptcy Order is granted, the debtor’s assets, such as property, savings, and other valuables, may be sold to repay creditors. Certain items, like essential household goods, may be exempt from this process.

Customer Testimonial

At Helpland, we are dedicated to providing exceptional service and ensuring your peace of mind. As a small business, we understand the significant impact of customer reviews. To help you feel confident in choosing us as your service provider, we have shared some of the feedback from our satisfied customers.

We assessed our legal providers a year ago and discovered Helpland for section 8 and 21 notices. We've partnered with them ever since and wholeheartedly endorse their services.

Matthew Finch
Operations Director - Foxtons
Matthew Finch