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Individual debtors • creditor bankruptcy petitions • insolvency recovery

Bankruptcy Petitions Against Individual Debtors

A creditor can petition to make an individual debtor bankrupt where the qualifying debt is at least £5,000 and the statutory insolvency requirements are met. Bankruptcy is a collective insolvency process, not simply another form of judgment enforcement.

KEY ANSWER

The position in brief

To present a creditor's bankruptcy petition, GOV.UK states that the creditor must be owed at least £5,000, or a share of debts totalling at least £5,000. The current fees are a £352 court fee and a £1,500 petition deposit.

The creditor normally proves the insolvency basis through an unpaid statutory demand or evidence that enforcement of a judgment did not recover enough assets. The process can be expensive and does not guarantee repayment.

Legal issues

The debt must satisfy the statutory requirements and the correct evidence must support the petition. Breathing Space protection can temporarily prevent a creditor from petitioning, and the creditor must also carry out searches for other bankruptcy petitions.

A disputed debt should not be pushed through bankruptcy merely to avoid determining the merits in ordinary civil proceedings.

Evidence that matters

Relevant material includes the debt agreement or judgment, statutory demand, certificate of service, enforcement officer or bailiff evidence where relied on, debtor address information, petition searches and the full payment and dispute history.

Reasonable lines of enquiry

Check whether the debtor is protected by Breathing Space, whether other petitions exist, whether the debt remains undisputed and above the threshold, and whether the debtor appears to have assets from which a bankruptcy estate could realistically produce a dividend.

What happens next

The creditor establishes the insolvency ground, completes required searches and petition evidence, presents the petition to the appropriate court and serves it in accordance with the procedure. The court then determines whether to make a bankruptcy order.

Immediate steps

Before paying the petition deposit, verify the threshold, service history, debtor location, other petitions and likely asset position. Bankruptcy can be disproportionate where another enforcement method is more targeted.

What should you send us?

Send the contract or judgment, statutory demand and service evidence, enforcement documents, debtor address details, payment history and all dispute correspondence.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can assess whether the statutory conditions are met, review the demand or failed enforcement evidence, prepare and serve the petition and conduct the court process.

NEXT STEP

Check whether bankruptcy is commercially sensible

Send the debt, demand or judgment and enforcement history. We can assess the statutory route and likely recovery value.

Check whether bankruptcy is commercially sensible

FREQUENTLY ASKED QUESTIONS

Questions about this issue

How much must an individual owe before a creditor can petition for bankruptcy?

Current GOV.UK guidance requires at least £5,000, or a share of debts totalling at least £5,000.

What are the current creditor bankruptcy petition fees?

The current fees are a £352 court fee and a £1,500 petition deposit, before legal and service costs.

Can I petition while the debtor is in Breathing Space?

GOV.UK states that a creditor cannot petition to bankrupt someone while notified that the debtor is temporarily protected through the Breathing Space scheme.