David Walliams Faces HMRC Bankruptcy Petition

David Walliams, best known for his work with Matt Lucas on the BBC sketch comedy series Little Britain and Come Fly With Me, is facing a HMRC Bankruptcy Petition. Walliams served as a judge on Britain’s Got Talent. Additionally, he is a successful children’s book author, having sold more than 50 million copies worldwide.

Recently, David Walliams has been involved in a legal matter concerning a bankruptcy petition. The case lists the Commissioners for His Majesty’s Revenue and Customs (HMRC) as the petitioner (Case number: BR-2024-001029). The petition was issued on 18 November 2024, and a hearing occurred on 14 January 2025, before ICC Judge Prentis.

Understanding Bankruptcy Petitions

Bankruptcy is a legal process designed to assist individuals or businesses that are unable to pay their debts. In the UK, bankruptcy is governed by the Insolvency Act 1986 and overseen by the Insolvency Service. The primary goal is to provide the debtor with a fresh start by discharging debts, which often involves liquidating assets to repay creditors. It is a serious step with long-lasting consequences, such as restrictions on obtaining credit and difficulties securing certain types of employment.

Oppose a Bankruptcy Petition

If you are served with a bankruptcy petition, you have several options to oppose it, these include:

• Paying the Debt: If you can pay the debt in full or negotiate a settlement with the creditor, the bankruptcy petition may be withdrawn.
• Disputing the Petition: If you believe the petition was unfairly issued or you have a defence against the debt, you can apply to the court for dismissal.
• Entering a Voluntary Arrangement: You may enter a voluntary arrangement with creditors, which involves making regular payments to a trustee who distributes the funds to creditors.
• Seeking a Debt Relief Order: If you have little or no income or assets, you may be eligible for a debt relief order, a form of insolvency that can discharge your debts.

What is the procedure to oppose a bankruptcy petition?

The procedure to oppose a bankruptcy petition is to file a witness statement in opposition in court not less than five business days before the date of the hearing of the petition (rule 4.18(1), Insolvency Rules). A copy of the evidence must also be sent to the petitioning creditor as soon as reasonably practicable (rule 4.18(2), Insolvency Rules).

What happens at a bankruptcy petition hearing?

The debtor is entitled to appear at the hearing of the petition and to oppose the making of a bankruptcy order. It is usual for the debtor to instruct solicitors and/or counsel to appear on his or her behalf at the hearing. If the debtor chooses not to instruct legal representatives, they can attend personally to represent themselves.

What Happens After a Bankruptcy Petition?

If the petition is successful, the court will issue a bankruptcy order within 28 days. Following this, the Official Receiver will interview you and notify the Land Charges Department, adding the order to the public register.

Cancelling a Bankruptcy Order

It is possible to cancel or annul a bankruptcy order in certain situations. This can be a vital step for individuals who have resolved their debts or discovered issues in how the bankruptcy process was handled. Understanding the grounds for annulment and the steps involved can help you regain control of your financial future.

When Can a Bankruptcy Order Be Cancelled?

A bankruptcy order can be annulled if specific conditions are met. If all the debts that led to the order are fully paid, you may apply for cancellation. Similarly, if there were procedural errors — such as creditors not being properly notified or assets being incorrectly valued — the order might be set aside. Annulment is also possible if you reach a formal agreement with creditors, perhaps through a repayment plan or voluntary arrangement. In some cases, a significant improvement in your financial circumstances could make bankruptcy unnecessary, providing another basis for annulment. Ultimately, you can apply to the court to request cancellation, but the process requires careful preparation.

Application to Annul Bankruptcy Order

To annul a bankruptcy order, you must start by obtaining a copy of the original order from the issuing court. Next, gather all necessary evidence to support your application — this might include proof of debt payments, creditor agreements, or documentation of procedural mistakes. With this evidence, you can file a formal application with the court, explaining the reasons for the annulment request.

Once the application is filed, you will need to attend a hearing where you present your case to the judge. The court will carefully review your evidence and decide whether the bankruptcy order should be cancelled. If the order is annulled, you must inform your creditors and the Official Receiver of the outcome to ensure the bankruptcy record is updated.

Annulling a Bankruptcy Order

Successfully annulling a bankruptcy order can remove the bankruptcy from public records, helping to rebuild your credit profile and restore your financial reputation. It can also free you from the restrictions that come with bankruptcy, allowing you to move forward with your life and business without lingering financial constraints.

If you are considering an application to annul a bankruptcy order, seeking expert legal guidance is essential. Our firm has extensive experience handling bankruptcy annulments, and we can guide you through every stage of the process — from gathering evidence to presenting your case in court. We’re here to help you turn the page and start fresh.

Expert Legal Representation in HMRC Petition Defence

Facing a bankruptcy petition can be daunting. We specialise in handling bankruptcy petitions, offering expert legal advice and representation. Our experienced insolvency lawyers can assist with:

• Challenging bankruptcy petitions
• Managing bankruptcy applications, including annulments
• Advising on bankruptcy petitions and related offenses
• Liaising with the Official Receiver

We provide nationwide coverage across all courts in England & Wales, operating from our City of London office in Middle Temple. Our team is dedicated to reviewing your matter diligently to ensure the best possible outcome.