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Statutory demand

I have two questions on the bankruptcy.

What happens to a statutory demand when a bankruptcy hearing is vacated? Before hearing date.

Is a statutory demand valid if it's not signed by solicitor or the creditor but by a debt collection agent?

Comments

  • Hi.

    Without knowing the full facts :

    Stat Demand does need to be signed, however if one was relying upon that as a reason to set aside, it is likely the creditor would amend and res-serve.

    Vacated hearing : this depends upon whether it is because the petitioning creditor has agreed to adjourn to give the debtor more time; a Consent Order has been drawn in respect of the setting aside of the Stat Demand ; or if the debtor has discharged or otherwise compounded the debt.

    L
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