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Respond to a bankruptcy application (from 1 April 2022)
When someone files a bankruptcy application against you
When you owe someone money, they are the creditor and you are the debtor.
If you owe your creditor at least $15,000 and you have not paid, they may apply to the General Division of the High Court to declare you a bankrupt.
You may receive the following documents:
- A Statutory Demand demanding payment.
- The creditor's bankruptcy application against you, along with the supporting affidavit.
Note
You should not ignore these documents, as your creditor can still proceed with the bankruptcy application even if you do not respond or refuse to accept the documents.
Respond to a bankruptcy application step-by-step
This is the process to respond to a bankruptcy application made against you.
Before responding
Understand the considerations
Consider the consequences of and alternatives to bankruptcy before you proceed.
When responding
Respond to a statutory demand or bankruptcy application
If you do not respond to a statutory demand from a creditor, you may then receive a creditor's bankruptcy application and the supporting affidavit. Find out the ways you can respond at each stage.
After responding
Attend court
You must attend a court hearing where a registrar will hear the case and make a decision. This may be a bankruptcy order or other orders.
After an order is made
File an application, if needed
You may file an appeal against a bankruptcy order that you are dissatisfied with. In some cases, you may apply to annul a bankruptcy order made against you.
2021/07/23
Resources
Legislation associated with this topic include:
- The Insolvency, Restructuring and Dissolution Act, particularly Parts 13 to 22.
- The Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules.
- The Insolvency, Restructuring and Dissolution (Debt Repayment Scheme) Regulations.
- The Insolvency, Restructuring and Dissolution (Voluntary Arrangements) Regulations.
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