The following should be borne in mind when considering whether you have been the victim of fraudulent insolvency (bankruptcy) proceedings:-
- Bankruptcy (petition) proceedings can only be issued on liquidated debts.
- An unpaid bill or invoice is not a liquidated debt due to the fact there may be a dispute relating to it.
- A County Court Judgement (CCJ) is a quasi-liquidated debt, but may be subject to set-aside or strike-out.
- A judgement creditor of a CCJ in order to be in a position to issue bankruptcy proceedings must have a Certificate of Non-Payment from a court bailiff or High Court Sheriff before they may file a Bankruptcy Petition.
- A Bankruptcy Petition must be in the prescribed form to enable the court to issue the Bankruptcy Petition, as ordered in CPR Part 1.1 (Overriding Objective) and in accordance with the Insolvency Act 1986.
- Every Bankruptcy Petition issued by the court must be sealed.
- The High Court has no jurisdiction in individual bankruptcy cases to issue bankruptcy petitions and proceedings. Only the County Court has jurisdiction.
If you believe you may have been the victim of insolvency fraud, please contact us at The Great Insolvency Scam as soon as possible giving the following information:-