Bankruptcy Court Issues Updated Guidance on Court Business

The Bankruptcy Court has issued updated Guidance on court business.  A summary of the update is set out below:

Lifting of Restriction on Presentation of New Creditors’ Bankruptcy Petitions

• The restriction on the presentation of new creditors’ bankruptcy petitions will be lifted on Monday 5 September 2022.
• Lifting of the restriction does not apply to Crown Petitions.

New creditor bankruptcy petitions can only be lodged if they meet the following criteria:

• The petition debt is grounded on a court judgment, decree or other court order; and
• The petition is grounded on a statutory demand dated and served on or after 1 June 2022.

Hearings

Petitions will be heard remotely. The remote platform currently available is WebEx.

The court has stated that it will only make final orders on foot of petitions where it is satisfied that it is right and just in all the circumstances to do so.

Petitions can only be processed and listed in accordance with court resources therefore delays in listing are to be expected, particularly if petitions are presented in significant numbers.

This article has been produced for general information purposes and further advice should be sought from a professional advisor. Please contact our Dispute Resolution team at Cleaver Fulton Rankin for further advice or information.