3.4 How long does it take to make someone bankrupt?
This depends on the circumstances of the case. The process will usually take between 2 and 6 weeks from the date the petition is presented. The sheriff will grant a warrant citing the debtor to appear at court on a specified day. You must arrange for a sheriff officer to serve the warrant on the debtor at their last known address. At the hearing the sheriff will consider the evidence provided and will ask you or your solicitor to confirm that the debt is correct and still outstanding.
At the hearing the sheriff may:
- declare the debtor bankrupt; or
- dismiss your petition if the debt has been paid before the hearing; or
- postpone the hearing for up to 6 weeks if they think that the debtor will pay what they owe you in the near future; or
- postpone the hearing to allow a payment programme to be set up under the Debt Arrangement Scheme if they think that the debtor is able to repay you over a reasonable period.