2020-02-17
Legal Articles

The correct searches before issuing a bankruptcy petition

Home / Knowledge base / The correct searches before issuing a bankruptcy petition

Posted by Caroline Benfield on 01 November 2012

Caroline Benfield Partner

When presenting bankruptcy petitions anywhere in the country, it is now necessary to conduct a search for prior petitions against the debtor in the Royal Courts of Justice (RCJ), Central London County Court and at any other county court, which it is believed was the debtor’s local court, for the 18 month period prior to issue. There is no requirement to search with HM Land Registry.

The practice direction also requires that a certificate providing confirmation of the searches appears at the end of the petition.

Local searches

In order to conduct a search in the debtor’s own county court, a letter should be written to the relevant local county court enclosing a fee of £45. It is now not possible for this search to be conducted at the court counter in person. The court staff will conduct the relevant search and provide confirmation that it is clear.

Searches within the RCJ and the Central London County Court

The RCJ and the Central London County Court staff will not conduct the searches themselves. A representative of the petitioner is required to attend court in person to conduct searches on computer terminals located in the Thomas More Building of the RCJ and attract a £7.00 court fee for each session at the terminal. The computers in the Thomas More Building cover both the High Court and the Central London County Court.

The computers are only accessible to individuals attending if they present to the court a letter explaining the need to conduct a bankruptcy search. The letter should enclose a copy of the draft bankruptcy petition and should be written by either the petitioning creditor or the creditors solicitors.

This can cause difficulties when the petitioning creditor or the creditor’s solicitors are situated outside London, but an agent can be instructed (at a fee) to attend the RCJ to carry out the search in person.

About the author

Caroline advises on all aspects of contentious and non-contentious personal and corporate insolvency matters.

Caroline Benfield

Caroline advises on all aspects of contentious and non-contentious personal and corporate insolvency matters.

Recent articles

29 May 2020 Return to the workplace risk assessments

Following recent Government announcements, the time has come to consider a phased return to places of work. Obviously, given the unprecedented nature of Covid-19, such a process will be riddled with confusion for both employers and employees – how will the return to work operate?

Read article
28 May 2020 Guide to restrictive covenants

Employment and consultancy contracts often contain clauses restricting an individual’s working activity when they leave a business. These clauses, ‘post termination restrictive covenants’, typically restrict the ex-staff member’s ability to work in competing businesses, to deal with clients, to try to win business from them, or to poach other staff members.

Read article
28 May 2020 Could COVID 19 bring the end of high rise and cramped living?

On 14 June it will be three years since the Grenfell tower tragedy, global warming is adversely affecting the environment causing floods and other natural disasters, and the country is on lockdown because of coronavirus.

Read article
Contact
How can we help?
01926 732512
CALL BACK