Updated October 2026 · Fraser Bond
Legal · Insolvency
Bankrupting a debtor
£5,000minimum debt
Statutorydemand
Petition& hearing
Propertytrustee
In short: A creditor owed at least £5,000 by an individual can petition the court to make them bankrupt, usually after serving a statutory demand that hasn't been paid or set aside within 21 days, or after an unsatisfied enforcement attempt. You pay a court fee and a deposit towards the Official Receiver's costs. If a bankruptcy order is made, a trustee takes control of the debtor's assets, which can include their share of a home, to pay creditors. It's costly and you may not get paid in full, so consider alternatives such as county court enforcement or a charging order.
The process
1
Check the debtAt least £5,000 and undisputed.
2
Serve a statutory demandAllow 21 days.
3
File the petitionWith fee and deposit.
4
HearingCourt decides whether to make an order.
5
TrusteeCollects and distributes assets.
Frequently asked questions
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How much must I be owed?
At least £5,000.
Are there cheaper options?
Often, such as a charging order.
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