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THE PROCEDURE FOR OBTAINING A BANKRUPTCY ORDER

To actually petition for bankruptcy (in the case of an individual, sole trader, PAYE employee) you must attend at the nearest County Court to your place of residence or business.

You must however, ensure that the county court has a bankruptcy clerk and is able to deal with a bankruptcy petition.

You should firstly attend at the court and pick up the relevant forms to petition. These will be issued in duplicate.

Once you have the forms to petition, you should complete each set of forms identically as one set of forms is retained by the court while the other is sent to the Official Receiver appointed to deal with the district in which you live or trade.

As soon as the forms are completed, you should telephone the relevant County Court to make a convenient appointment to petition. You must ensure that you take both sets of forms with you along with the sum of £450 in cash, being £140 court fee and £310 towards the costs of administration of your bankruptcy. The £310 is paid to the Official Receiver to cover advertising fees etc.

It is possible to apply to the court for a reduction of the fee payable if, for example, you are claiming income support. Should your application be successful, you will not pay the court fee of £140. The total sum then payable is £310.

On attending the court, you will spend literally one minute with the Judge who will briefly examine your petition and declare you bankrupt.

You are then required to speak to a representative of the Official Receiver on the telephone to give basic information regarding your petition. An appointment will then be booked for you to attend on an examiner of the Official Receiver approximately five days ahead. In the interim period, you will be sent an enquiry booklet which must be completed and taken to your interview with the examiner. You must also deliver all books and records as indicated in the enquiry booklet.