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Does A Winding Up Petition Mean My Business Will Go Bankrupt?

The quick answer

A winding up petition can mean your business will go bankrupt or into liquidation if you do nothing. You can stop a winding up by:

  • Paying the debt off.
  • Applying to the Court to stop it for a good reason.
  • Ask the Court for an adjournment. 
  • Apply for an Administration order.

One tip – once a winding up petition is advertised in the London Gazette – and it has to be before the Court hearing – your bank account will be frozen.

In more detail

Firstly, I should clarify the question is mixed in that “winding up” applies to limited companies and partnerships whilst the phrase “going bankrupt” applies to individuals.

A winding up petition will lead to your business being wound up and forced into liquidation unless you do something about it. Your choices are:

  • Pay the debt off if you have the money and it is correct what they claim is owed. Do this as soon as possible. Get the petitioning creditor to confirm in writing they have been paid and get them and their solicitor to confirm the winding up process has stopped and been withdrawn.
  • Tell the petitioner you disagree with the claim and if they will not back down then apply to the Court to stop the winding up.
  • Offer to pay the debt off by instalments if the petitioner agrees.
  • Put your company into Administration to stop it being wound up.

If you have the funds it always worth getting a suitably experienced solicitor to help you do the above or contact a Licensed Insolvency Practitioner like us.

David Kirk

David Kirk

Director at Kirks Insolvency

David qualified as a Chartered Accountant in 1990 and Licensed Insolvency Practitioner in 1996. 

David will give you clear and plain language advice about your business’s options and make a recommendation of which route he thinks will work best for you.

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We have just worked with Kirks to complete the closure of our company. Everything went smoothly and professionally. I would recommend this firm and the staff who were very very helpful and quickly finalised everything. Thank you Kirks.
Carol Hill
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