Apply for creditor bankruptcy (debtor fees payable immediately)
| Published date | 21 March 2018 |
| Subject Matter | Bankruptcy and insolvency forms |
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Rule 10.7-10.9 Form Bank 1 |
Creditor’s Bankruptcy Petition on Failure to Comply with a Statutory Demand for a Liquidated Sum Payable Immediately |
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IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURT OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) IN THE MATTER OF [Insert name Debtor]
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(a) Insert full name(s) and address(es) of petitioner(s) |
I/We (a) |
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(b) Insert full name, place of residence and occupation (if any) of debtor where the petitioner is represented by a solicitor, the name, postal address and telephone number of the solicitor; |
petition the court that a bankruptcy order may be made against (b) |
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(c) Insert in full any other name(s) by which the debtor is or has been known (d) Insert trading name (adding “with another or others”, if this is so), business address and nature of business |
[also known as (c) ] [and carrying on business as (d) ] |
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(e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred |
[and lately residing at (e) ] [and lately carrying on business as (f) |
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(f) Give the same details as specified in note (d) above for any other businesses which have been carried on at or after the time the petition debt was incurred (g) Delete as applicable |
and say as follows:— 1. (g) “[the debtor’s centre of main interests is in England and Wales][the debtor has an establishment in England and Wales.] OR The debtor carries on business as an insurance undertaking; a credit institution; an investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation on Insolvency Proceedings OR The debtor’s centre of main interests is not within a member State(h) |
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(h) State how the test in s265 (2) of the IA86 is Met |
2. The debtor is (g)[not] resident in England and Wales. I am presenting this petition to the (g)[High Court][Central London County Court] because (g)[the proceedings are allocated to the London insolvency district as][(g)Rule 10.11[(1)[(a)][(b)]][(2)][(5)][(6)] applies][and the petition debt is (g)[£50,000 or more][less than £50,000]][and within the 6 months immediately preceding its presentation (g)[the debtor carried on business in England and Wales and the debtor carried on business within the area of the London insolvency district (g)[for the greater part of that period of 6... |
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