I need more time to pay HMRC!  How can I get an adjournment of a winding up petition?

Once a winding up petition has been issued then you need to act quickly to save your business!


The court, which has the power to grant the winding up order, also has the power to grant an adjournment of the hearing at which the petition is presented.  An adjournment may be granted if the court can be persuaded that the company needs more time to come up with the money or that the amount of the debt is disputed. It may be that the company can come up with all the money owed at a later date, an example of this maybe the sale of a valuable asset such as a property is currently on the market so the money is not immediately available. However, if the debt is in dispute, and this can be proven, then the court has the power to dismiss the application. 


It should be borne in mind that if the court is to adjourn the hearing they will need a good reason.  As such, you will need a barrister to argue the case, backed up with documentary evidence.  We have a good working relationship with Ali Akram from Lex Law who can seek adjournments.  You can call him on 0845 8622 529 and he can take you through what is needed.


 If the company is unlikely to be able to pay off the whole debt then the company may get the petition adjourned and withdrawn if the company proposes a company voluntary arrangement ( CVA).  We have on numerous occasions had winding up petitions withdrawn  after presenting a draft CVA to the court.  However, in order for this to be successful we do need time to prepare the draft so it is always pays to act in time.  Please read our case studies on how we have defeated winding up petitions by proposing CVAs.

Do not delay and call us on 01289 309431 or out of hours you can call on 07974 086779


Call a local office and one of our Regional Managers will come and see you.  All for no charge!


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