I am a Creditor. Can I Bankrupt a Debtor?
If you are a creditor and for some reason, your debtor is showing no signs of repaying what they owe, what are your options? In some cases, you may be able to bankrupt your debtor. Once a court judgment has…
When Can I Apply for Substituted Service?
An effective way to enforce a debt is through bankruptcy. Bankruptcy requires you to serve notice on the debtor. But what happens if you can’t serve notice on the debtor? Does that mean you can’t proceed with enforcement? Where it is impractical…
Personal Insolvency Agreements
It is not always inevitable that a debtor will present a debtor’s petition or be served by a creditor’s petition. There are alternatives ways to try and find some relief including a Personal Insolvency Agreement under Part X of the…
A Debtor’s Petition for Voluntary Bankruptcy
If a debtor wants to go into voluntary bankruptcy, they can present a debtor’s petition. In this article, we look at the requirements for making a debtor’s petition and the possible consequences that can stem from it. Who Can Present a Debtor’s Petition?…
Challenging a Bankruptcy Notice Served on a Debtor
If a debtor has been served with a bankruptcy notice, they must either pay the amount specified in the notice within the relevant time or they have to take steps to challenge the notice immediately. It is critical that a…
Compulsory Bankruptcy: What is a Creditor’s Petition?
If a creditor intends to enforce an unpaid debt, the creditor is entitled to present a creditor’s petition to the court to recover the money owed. If the creditor’s petition is successful, the court will make a sequestration order. The…
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