anyone know how to make an individual bankrupt

[maz3]

Hi
My ex boss had his business repossessed whilst he was on holiday last year, we were thrown out by the bailiffs! Leaving us ( 7 members of staff) out of a job. Since then I have been paid by the insolvency service, my redundancy pay. However, as my ex boss isnt bankrupt we have had to go to an employment tribunal to get an award for notice pay and unfair dismissal pay. This was a year ago and I am still chasing my ex boss who is now working for someone else on a self employed basis. I have been chasing this money owed to me for the past year. So far he has ignored 2 court letters, and is due to go to court 30th oct for a order for questioning hearing. He has been suspended from work recently and I wondered if this would make a difference to how the court looks upon what he owes? Bearing in mind he has already had 12 months to pay me and hasnt.Does anyone know how to make an individual bankrupt and how much it costs. He owes me around £2000 at the moment, interest was set by the employment tribunal at 8%.
thanks

[mikebdomain]

Hi Maz, I have in my time made a few people bankrupt, not always an easy route and to be honest, I very rarely got my money back or met my costs.

If the court has awarded you interest, have you thought about issuing a CCJ (can be submitted online) for the interest outstanding? This may make him sit up and take notice and it ensures the validity of original debt (current communication).

If you do wish to make him bankrupt you will need to serve statuary demand papers on the debtor, it is better to seek professional help to do this, as you have to provide proof of service to the court after 21 days of serving the papers. I have found this usually to cost between £160 and £320, depending on the amount of work required to find the debtor. You can get a form for statuary demand from your local court.


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[MelanieGiles]

The costs of a bankruptcy petition are likely to be between £1,500 and £2,000. Does he own a property? If so you may be better seeking a charging order over that which can be enforced if he does not pay and may result in his property being possessed.

I am curious that the Insolvency Service have paid out your claims, when he is not formally insolvent. Have you also tried to get your notice pay paid by them on the same grounds that they paid your redundancy?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

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