Bankruptcy Petition

[strugglingbutcoping]

Hi,

 

I hope that I'm posting this in the right forum & that someone will be able to offer me some advice.

 

I run a small busines as a sole trader & had a significant bad debt early this year that has the knock on effect of meaning that I was unable to pay several suppliers. This inevitably led to CCJ's and - in one case - a statutory demand that I was unable to satisfy which led to a bankruptcy petition being served on me.

 

I don't dispute the process that led to this or the debt, the supplier provided the goods & it's not their fault that my client hasn't paid - I owe the money & want to pay but it's just been really tough.

 

The bankruptcy petition (for a little over £4,000) is due to be heard this Thursday and I've been able to get together £1,800 which I can pay now and I'm in a position that my current contracts will allow me to clear the remaining £2,200 by the end of November - my question is what is likely to happen on Thursday? What advice do any of you have as to whether the petition is likely to be granted as I can't bring the debt down to below £750?

 

I have a good business (struggling but holding our own) with 4 employees dependent on me for a wage as well as a wife & two young children. The £14,000 bad debt that I'm saddled with has brought me to my knees but I am working my socks off to clear the debts that I incurred as a result of this and would just appreciate any and all advice that could be given.

 

Thanks in advance

 

Guy

[toddle2u]

Sorry to hear of your problems - it is a nightmare when something like this happens.

 

I would ring the petitioning creditors solicitors and make the offer to them to pay the £1800 now and the balance at end of November. Ask them to ask for an adjourmnet of the Hearing Petition until the end of Nov. If they won't go for this go to the Hearing and explain this to the Judge.

 

I think they will also want their costs paying as well so this may well be added to the debt

[martin g]

Hello.

Sorry about your problems, I got taken for £80,000 by a builder in 1989 when I had a contract flooring business and it took me some years to sort out. Luckily most of my suppliers were helpful but Lloyds Bank pulled my overdraft in seconds and this was secured on my house which I just managed to keep.

One thing I learnt is go limited, sole traders/ partnerships are very exposed.

As above I would make the offer but confirm it in writing so you have something to show a judge, IMO if you are trying to sort out the debt and will be able to satisfy it shortly the court may well be on your side. £4,000 is not a huge sum in this day and age.

It will be worth reminding your supplier that they are an unsecured creditor and low on the distribution list. HMRC come first, the offical receiver, business rates, secured creditors/ the bank , your staff redundancy, all come before other creditors- are they going to get their money back in full anyway? If they do it won't be quick.

I have asked for this to be moved to legal for more input.

Hope it works out

Martin g

[cerberusalert]

Moved to Legal Forum

[toddle2u]

HMRC come first,

HMRC are no longer a preferential creditor. But as you say make sure any offer is also put in writing. Good advice from martin g

[martin g]

HMRC are no longer a preferential creditor. But as you say make sure any offer is also put in writing. Good advice from martin g

 

Thanks , I didn't know it had changed, that not withstanding there will probably be secured creditors, such as a mortgage, before the supplier.

[martin g]

Hi,

How did it go today?

martin g