Creditor's winding up petition: procedure

A practical guide for any creditor seeking to have a company registered in England and Wales wound up (or put into compulsory liquidation) on the grounds that the company is unable to pay its debts, under section 122(1)(f) of the Insolvency Act 1986. This note sets out the relevant procedure under rules 4.4 to 4.21 of the Insolvency Rules 1986, and provides guidance on drafting and presenting a winding up petition, advertising in the Gazette and preparing for the petition hearing.

This note is being fully revised in light of the Insolvency (England and Wales) Rules 2016 (2016/1024) which come into force on 6 April 2017.

Practical Law Restructuring and Insolvency in association with Chantelle Staynings, barrister, Erskine Chambers

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