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Bankruptcy & Insolvency Forms UK: Complete Guide

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Part ofBankruptcy & Insolvency UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Bankruptcy and insolvency sit at the sharp end of commercial law. The paperwork is technical, the deadlines are unforgiving, and a mistake on a form can cost you the whole petition. Whether you're a creditor trying to recover a debt that's gone beyond the usual collection routes, or a business facing pressure from people you owe money to, the right form at the right moment matters enormously. This page walks through the main bankruptcy and insolvency forms used in England and Wales, what each one is for, and the broader context around creditor petitions, debtor petitions, voluntary arrangements and winding-up applications. If you're weighing up whether to issue a petition, or you've received one and need to respond, the summaries below should help you get your bearings. Bankruptcy and insolvency law is genuinely complex, so please treat this as a starting point rather than a substitute for proper professional input.

What this document is

Bankruptcy applies to individuals (including sole traders and members of partnerships) who cannot pay their debts. Insolvency is the broader umbrella term, covering both personal bankruptcy and corporate processes such as liquidation, administration, and company voluntary arrangements. The forms on this page cover the most common scenarios a creditor or debtor might encounter when starting, responding to, or supporting a formal insolvency process.

Creditor petitions (Bank 1 to Bank 4) are the documents used to ask the court to make a bankruptcy order against someone who owes money. Form Bank 5 is used to verify the facts in a petition. Forms Bank 6 to Bank 8 relate to court hearings: opposing an order, giving notice of who intends to appear, and recording who actually attended.

Form Comp 1 is the starting point for winding up a company through the court. Each form has its own procedural rules, evidence requirements, and timing. Getting any of these wrong can mean the petition is dismissed or struck out, so accuracy counts.

How to use this document

  1. Confirm the debt qualifies. Before filing anything, check that the debt meets the statutory minimum threshold, is for a liquidated sum, and is not genuinely disputed on substantial grounds. A court will not entertain a bankruptcy petition used as a debt collection tactic for a contested invoice, so make sure your paperwork and evidence stack up before you commit.
  2. Issue a statutory demand or obtain judgment. Most creditor petitions rely on either an unsatisfied statutory demand or an unenforced court judgment. The demand gives the debtor a fixed window to pay, secure, or compound the debt. If they fail to respond properly and the time runs out, you can then proceed with the petition itself.
  3. Pick the correct petition form. Bank 1, Bank 2, Bank 3 and Bank 4 each cover a different scenario: immediate fee payment, deferred fee, failed execution on a judgment, or default under a voluntary arrangement. Selecting the wrong form can delay or derail the whole process, so read the headings carefully and match the form to your circumstances.
  4. Verify and file. Form Bank 5 is used to verify the petition on oath or by statement of truth. Once verified, the petition is filed at the appropriate court with the applicable fees and deposit. Serve the debtor in line with the Insolvency Rules, because defective service is one of the most common reasons petitions get adjourned.
  5. Attend the hearing. Forms Bank 6, Bank 7 and Bank 8 cover the hearing stage: opposition notices, notices of intention to appear, and the attendance list. If the petition is opposed, the court will consider evidence from both sides before deciding whether to make the bankruptcy order, adjourn, or dismiss.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £149.

Common questions

Q What's the difference between bankruptcy and liquidation?
Bankruptcy applies to individuals, including sole traders and partners in a partnership. Liquidation (also called winding up) applies to companies and limited liability partnerships. Both are types of insolvency process, but they follow different rules, use different forms, and produce different outcomes. Form Comp 1, for example, is used to apply to wind up a company rather than to bankrupt an individual.
Q When would a creditor use Bank 3 instead of Bank 1?
Bank 3 is for situations where you already have a court judgment against the debtor and execution on that judgment (such as instructing enforcement officers) has been returned unsatisfied in whole or in part. Bank 1 is the more general creditor petition where the fees are paid immediately at the time of filing. The right choice depends on how the underlying debt became enforceable.
Q What is Form Bank 4 used for?
Form Bank 4 is a bankruptcy petition used where a debtor has defaulted in connection with an individual voluntary arrangement (IVA). If someone entered into an IVA with their creditors and then failed to keep up with the terms, the supervisor or an affected creditor may be able to petition for bankruptcy using this form. The grounds are specific and evidence of the default is essential.
Q Do I need a solicitor to file a bankruptcy petition?
There is no legal requirement to instruct a solicitor, and some creditors do file petitions themselves. That said, insolvency procedure is unforgiving, and errors in the paperwork, service, or evidence can see petitions dismissed with costs awarded against you. For most people, some professional input at the drafting stage is sensible, even if you plan to handle the rest yourself.
Q How much does it cost to present a bankruptcy petition?
There is a court fee plus a deposit payable to the Official Receiver to cover the administration of the bankruptcy. The exact amounts are set by statutory instrument and change periodically, so check gov.uk for current figures before you file. The deposit is usually the larger of the two and is required up front when the petition is presented.
Q Can a debtor oppose a bankruptcy petition?
Yes. A debtor who believes the petition should not be granted can serve a notice of opposition using Form Bank 6, setting out their grounds. Common defences include disputing the debt, showing the debt has been paid or secured, or arguing procedural defects in the petition. The court will then consider the opposition at the hearing before deciding whether to make a bankruptcy order.
Q What happens after a bankruptcy order is made?
Once the court makes the order, the Official Receiver takes control of the bankrupt's affairs and investigates their financial position. A trustee in bankruptcy may be appointed to realise assets for the benefit of creditors. The bankrupt person is subject to various restrictions and duties, and most bankruptcies are automatically discharged after a set period, though restrictions can be extended in some cases.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £149.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.