1. Can ABC Bank file a bankruptcy petition against Mr. T at this stage?
Before filing the petition with the High Court, the bank should issue a statutory demand to Mr. T stating the details of loan arrears with the demand, and the time limit for repayment. Standard bank demand notes or reminders cannot be treated as statutory demands. In usual practice, the bank will instruct a lawyer to prepare the statutory demand and the subsequent bankruptcy petition. The bank or its lawyer must use all reasonable ways to bring the statutory demand to Mr. T's attention, such as by sending the demand to Mr. T by hand.