How to effect service of a creditor's bankruptcy petition on the debtor and what happens if service cannot be effected


Published by a ³ÉÈËÓ°Òô Restructuring & Insolvency expert
Practice notes

How to effect service of a creditor's bankruptcy petition on the debtor and what happens if service cannot be effected


Published by a ³ÉÈËÓ°Òô Restructuring & Insolvency expert

Practice notes
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Once a bankruptcy petition and supporting documents have been presented (or issued) at court, the first step the petitioning creditor will need to take is to effect service of the documents on the debtor. This Practice Note sets out the ways in which a petitioning creditor must effect service of the bankruptcy petition on the debtor. It does not specifically deal with service of any other documents in insolvency proceedings.

For further guidance on how to issue a bankruptcy petition or the procedure at the bankruptcy hearing, see Practice Notes:

  1. •

    Creditors' bankruptcy petitions—grounds and documents required for presentation

  2. •

    Bankruptcy petitions—process and procedure post-presentation of the petition

The general rule—personal service of the bankruptcy petition on the debtor

The general rule is that a sealed copy of the bankruptcy petition must (absent any order of the court for substituted service) be personally served on the debtor by either an officer of the court, or by the petitioning creditor, their solicitor,

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Jurisdiction(s):
United Kingdom
Key definition:
Bankruptcy definition
What does Bankruptcy mean?

The court supervised process whereby the assets of an insolvent individual are realised for the benefit of his creditors.

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