How our commercial bankruptcy solicitors can help
Having a skilled professional by your side during bankruptcy can make all the difference. Our bankruptcy solicitors can provide you with expert advice, help protect your assets, and guide you through each step of the process.
Assessing your situation and options | To determine the best action, our solicitors thoroughly review your financial situation. They get to understand your income and expenses, assets and debts, and repayment history. By analysing these factors, they can provide tailored guidance and support throughout the process. |
Guiding you through the filing process | Our bankruptcy solicitors can explain the full process and timeline, setting clear expectations. They can also help gather necessary documents, including financial statements, debt records, and identification. Solicitors then expertly complete the bankruptcy petition and submit it to the court on your behalf. |
Protecting your assets and interests | Our solicitors can help determine which assets are protected and how your income might be affected. They identify assets exempt from bankruptcy, such as their primary residence, essential household items, retirement savings, and tools of trade. |
Managing creditor communication | Your solicitor can step in to manage communications and protect you from unnecessary stress. They can handle creditor correspondence and phone calls, negotiate payment plans and settlements, and ensure you understand your obligations and rights. |
Why choose Lawhive for bankruptcy legal advice?
At Lawhive, we’re here to make navigating bankruptcy as straightforward and stress-free as possible. With our network of top bankruptcy solicitors across the UK, we’ll match you with the right expert for your specific situation. Here’s what sets us apart:
Bankruptcy expertise: Bankruptcy can feel daunting, but our solicitors know the law inside out. They’ll guide you through the process step by step, from petitions to insolvency proceedings.
No hidden costs: Forget surprise charges. We provide clear, fixed-fee quotes upfront, so you’ll always know what to expect.
Fair and affordable fees: Quality legal advice doesn’t have to break the bank. Our fees can be up to 50% more affordable than many traditional firms.
Quick, reliable support: Need help fast? We’ll connect you with a commercial solicitor within two working days - or sometimes even sooner.
How much does a bankruptcy lawyer cost?
Bankruptcy can be a complicated process and every case will be unique. Your solicitor fees will vary depending on what legal support you need. For example, with Lawhive, an initial consultation on an invalid bankruptcy notice might cost as little as £379. Get in touch today and we can provide you with a free, fixed fee and no obligation quote.
Bankruptcy filing fees
When filing for bankruptcy, there are official fees you'll need to pay. The bankruptcy petition fee is currently £280. You must also pay a bankruptcy deposit, typically up to £1,000. This deposit goes towards the costs of administering your bankruptcy. Additionally, you might need to pay:
Types of bankruptcy proceedings
Bankruptcy isn’t a one-size-fits-all process, and there are different types depending on your situation. Each type of commercial bankruptcy comes with its own set of rules and implications, whether you're an individual or a business.
Individual bankruptcy
Individual bankruptcy, also known as personal bankruptcy, is a legal process that helps individuals struggling with debt start fresh. It's a formal declaration that you're unable to pay your debts and need protection from creditors.
To apply for personal bankruptcy in the UK, you must meet a few criteria: you must owe at least £750, be unable to pay your debts, and live in the UK or have assets here. Consulting with a solicitor can help you decide if bankruptcy is the right solution for your financial situation. Once you proceed, your solicitor will guide you through submitting the bankruptcy application to the court.
Corporate bankruptcy
Corporate bankruptcy, or company insolvency, is a complex process involving legal and financial considerations. The director's priority is to act in the best interests of creditors. This means seeking professional advice from insolvency lawyers, ceasing trading to prevent further debt accumulation, and protecting company assets.
A solicitor’s expertise is essential when navigating corporate bankruptcy. They can help manage your company’s liabilities, protect assets, and negotiate with creditors to find the best possible outcome. There are several options for corporate bankruptcy, including administration, liquidation, and Company Voluntary Arrangement (CVA). Each has its implications, and consulting a solicitor early on can make a significant difference.
Creditor bankruptcy petitions
If someone owes you money and won't pay, you have options. As a creditor, you have rights that allow you to recover the money owed to you, protect your interests, and influence the outcome of bankruptcy proceedings. You may also receive a portion of the assets sold off during the process.
Solicitors who specialise in bankruptcy can guide you through this complex journey. They’ll provide advice on the necessary steps, represent you in court, and negotiate repayment plans on your behalf.
Commercial bankruptcy process overview
The bankruptcy process can feel daunting, but understanding the basics can ease some of the stress.
1. Initial financial assessment
A solicitor's initial financial assessment evaluates your financial health and identifies potential solutions. They'll review your income and expenses, assets and debts, and creditor repayment history to determine the best action. This might include bankruptcy, an Individual Voluntary Arrangement (IVA), or debt management.
2. Submitting the bankruptcy petition
If bankruptcy is your chosen option, your lawyer will guide you through the petition filing process. They'll prepare and submit necessary documents, including the bankruptcy petition, Statement of Affairs, and financial statements. Your bankruptcy petition solicitor will ensure all requirements are met, making the process smoother and less overwhelming.
3. Order and trustee appointment
Once the petition is accepted, a bankruptcy order is issued, and a trustee is appointed to manage your assets and debts. The trustee identifies and values assets, notifies creditors, and distributes funds accordingly. Your solicitor explains the implications of the bankruptcy order and trustee appointment, ensuring you understand the process.
4. Asset liquidation and debt repayment
As the trustee liquidates assets to repay debts, your solicitor protects your remaining interests, negotiates with creditors, and ensures fair treatment. They'll also advise on rebuilding finances post-bankruptcy, including creating a budget, managing credit, and rebuilding credit scores.
5. Discharge from bankruptcy
Typically, bankruptcy lasts 12 months. To be discharged, you must cooperate with the trustee, make agreed payments, and avoid further credit. Your solicitor guides you through this process, ensuring a smooth transition. With expert guidance, you can overcome bankruptcy and secure a financial fresh start.
What are my next steps?
Facing bankruptcy can be overwhelming, but with the guidance of a solicitor, you can navigate the process much more easily. If you're struggling, don't wait any longer. Contact Lawhive today for confidential and expert legal support. Our experienced solicitors specialising in bankruptcy will listen to your concerns, provide personalised guidance, and help you easily navigate the process.
References