As the debtor, removing the petition from the court record can stop the bank freezing the account or the petition being supported by another creditor. It will also safe guard your money if you are the petitioner. There are a number of ways to ensure that a petition is withdrawn form court - let our expert team help.

How close to the court hearing can the petition be withdrawn?

So long as the hearing is less than 7 business days away, it is possible to withdraw the winding up petition prior to the first hearing date.

  • this is done by a winding up petition withdrawal application and is something we can assist any company with;
  • normally it is following payment or settlement of a debt or an agreement to pay a debt and the consent of the petitioner is needed in order to secure the winding up petition withdrawal.

How to withdraw a petition prior to the court hearing

The winding up petition withdrawal application is relatively straightforward. However, we would advise you have legal assistance to help you through the withdrawal process. The application needs to be carefully drafted and there is a court fee also required for the application. It also needs to be filed using the court online portal.

  • timings are an issue as it cannot be done too close to the first hearing of the winding up petition in open court;
  • if a winding up petition has already been heard in court then it is not possible to withdraw it at any time other than at the next listed court hearing date.

Whatever your questions with regard to winding up petition withdrawal, Francis Wilks & Jones are the experts who can help you.

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