Oppose the petition
Examine the alleged debt and petition, identify defensible grounds and prepare evidence and submissions for the court.
Personal insolvency · Urgent legal advice
Served with an HMRC bankruptcy petition?
A bankruptcy petition is serious, but a bankruptcy order is not inevitable. The available response depends on the debt, the court documents, any genuine dispute and the hearing date.
For individuals in England & Wales · Urgent help available 9am–9pm
Understand the proceedings
What is an HMRC bankruptcy petition?
An HMRC bankruptcy petition is a formal application asking the court to make an individual bankrupt because of an alleged qualifying debt, often unpaid tax. A petition is not itself a bankruptcy order: the court considers whether the statutory conditions and procedural requirements are met.
The appropriate response might involve disputing the petition debt, addressing a procedural defect, paying or settling the debt, seeking an adjournment or opposing the petition at the hearing. Not every case offers every remedy.
If you have received a statutory demand rather than a petition, different procedures and deadlines may apply. Obtain advice based on the actual document served.
Legal services
How a bankruptcy solicitor can help
We assess the petition and your evidence, explain the realistic options and act urgently where there are proper grounds.
Investigate disputed liabilities
Review assessments, payments, appeals and correspondence, including whether a dispute can properly be raised in the bankruptcy proceedings.
Check service and compliance
Assess service, statutory conditions and other procedural requirements. A technical issue does not necessarily invalidate a petition.
Negotiate with HMRC
Explore settlement, payment or other practical proposals, recognising that HMRC is not obliged to accept instalments.
Seek an adjournment
Where justified, prepare an application or submissions requesting additional time to address the debt or evidence.
Court representation
Prepare the hearing strategy and arrange advocacy to seek dismissal, adjournment or another appropriate outcome.
Is your bankruptcy hearing approaching?
Speak to a solicitor →Prompt review of the petition and supporting evidence may preserve important options.
What happens next
Four steps to a clear response
Review the papers
Check the petition, service, hearing date, amount claimed and underlying HMRC documents.
Assess the grounds
Identify disputes, payments, procedural objections and the impact of any tax appeal.
Consider resolution
Explain negotiation, evidence, court options and the practical risks and costs.
Act before the hearing
Where instructed, prepare correspondence, evidence and applications, and arrange representation.
Frequently asked questions
HMRC bankruptcy petitions: key questions
Can an HMRC bankruptcy petition be stopped?
Sometimes. A petition may be opposed where there are proper grounds, or resolved through payment or agreement. The court may dismiss or adjourn a petition in appropriate circumstances. An outcome cannot be guaranteed.
What is the difference between a statutory demand and a bankruptcy petition?
A statutory demand is a formal demand for payment; a bankruptcy petition asks the court to make a bankruptcy order. They are different stages or routes, and not every bankruptcy petition must be preceded by a statutory demand.
What if I dispute the HMRC tax debt?
The basis of the dispute matters. Tax assessments and statutory appeal routes may limit what can be challenged in bankruptcy proceedings. A solicitor should examine the assessment and appeal history rather than assume that simply disputing the sum defeats the petition.
Will bankruptcy affect my home?
It can. The consequences depend on ownership, equity, other interests and the trustee's powers. Obtain individual advice promptly if you own or jointly own property.
What happens if I do not attend the hearing?
The court may proceed in your absence and could make a bankruptcy order if satisfied that the legal requirements are met. Do not assume the petition will be postponed automatically.
Can HMRC agree to payment by instalments?
HMRC may consider proposals in some circumstances, but a Time to Pay arrangement is discretionary and may be harder to secure once insolvency proceedings have begun.
Further guidance
Related legal guidance
England and Wales. General information only; seek legal advice on your circumstances.
Urgent insolvency & petition advice
Act before the bankruptcy hearing.
If HMRC has served a bankruptcy petition, obtain a prompt assessment of the alleged debt, your defence options and the next procedural deadline.