This area covers defending petitions to bankrupt a person, typically brought under the Insolvency Act 1986, and the related processes in England. A solicitor in this field helps a debtor or a company respond to a creditor’s petition, challenges to a petition, and any ensuing court steps. They advise on grounds to resist, prepare evidence of solvency or restructuring options, and coordinate with trustees or the Insolvency Service where needed. The work often involves court appearances, negotiating arrangements, and applying for annulment or alternative settlements to avoid a bankruptcy order.
What a solicitor handles in these matters
These matters involve specific statutory triggers, court procedures and documentation, such as responding to a petition, producing financial information, and engaging with the court and potential trustees. The solicitor handles the drafting of statements, bundles of financial evidence, and any applications to adjourn, set aside or annul a petition, as well as negotiating with creditors and presenting alternatives under the Insolvency Act 1986.
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