& Dispute Resolution
We can help you if you are at threat of being declared bankrupt as we are experts in defending bankruptcy.
We are specialists in providing expert bankruptcy advice and can help you with:
- Setting aside statutory demands
- Defending bankruptcy petitions
- Negotiating with your creditors
- Negotiating with the HMRC and entering into Time to Pay Arrangements.
We specialise in defending bankruptcy petitions, a large number of which are presented by the HMRC.
If you do not respond to a statutory demand the creditor may serve you with a bankruptcy petition. A bankruptcy petition must be served on you by hand, i.e. personal service and you must be given 14 days’ notice of the bankruptcy hearing.
We can help you dispute the debt and defend bankruptcy.
We specialise in setting aside statutory demands.
If you do not pay or secure the debt within 21 days, then your creditor can present a bankruptcy petition against you to bankrupt you.
You have 18 days to set aside the statutory demand. We can help you challenge a statutory demand.
The Bankruptcy Hearing
If you are unable to reach an agreement with your creditors, we can represent you at your bankruptcy hearing.
We can help you by adjourning your bankruptcy hearing and provide you with specialist bankruptcy advice and solutions.
Income payment orders (IPOs).
A trustee can apply to the court for an order requiring the bankruptcy employer to send him surplus income directly every month. This very much depends upon the amount the bankrupt is required to live off. You will not be able to live a lavish lifestyle. It is sometimes the case that we negotiate a an agreed amount to avoid contested and expensive court proceedings. These are called income payment agreements (IPAs).
Bankruptcy Restriction Orders (BROs)
A bankrupt is usually allowed to obtain his discharge from bankruptcy after a year. However if the trustee believes that the bankrupt is hiding his assets and has not cooperated fully, you may apply to the court to suspend discharge of bankruptcy which will have the effect of the bankruptcy and its restrictions continuing for a number of years. This is called the Bankruptcy Restriction Order. We have successfully negotiated lesser periods of restrictions in these situations by entering into Bankruptcy Restriction Undertakings (BRU’s). The advantage of a BRU is that the bankrupt, if almost certain to receive a lengthy BRO, may agree to a lesser term of extended bankruptcy through skilful negotiation. The BRU may also be part of a wider negotiated settlement.