August 7th, 2011

The presentation of a statutory demand is the first step to making an individual bankrupt. There are two types, one without obtaining a judgement debt in county court and another after judgement is obtained. I advise the later when acting for a creditor not unless there is a very good chance debtor cannot show the money is not owed or there is a procedural point and an appeal has been made– the Judge dealing with the application to set aside may well be minded to adjourn to see outcome of the appeal – still at the discretion of the court who will look closely at the delay and other relevant conduct of the debtor.