Is it legally permissible to file for bankruptcy without notifying creditors and later provide a bankruptcy certificate and repayment promise?

In United Arab Emirates
Last Updated: Feb 5, 2026
Is it legally permissible for someone to file for bankruptcy without the knowledge of the creditors and, after obtaining a bankruptcy certificate, provide it to the creditors three years later along with a formal obligation or pledge to repay, signed in front of witnesses? Would that constitute a breach of trust, manipulation of the law, or otherwise be unlawful?

Lawyer Answers

Rashid Deemas Alsuwaidi Advocate and Legal Consultants

Rashid Deemas Alsuwaidi Advocate and Legal Consultants

Feb 6, 2026
Best Answer
No, in most jurisdictions, it is not legally permissible to file for bankruptcy without notifying creditors, and a bankruptcy certificate issued after a non-notified process usually does not bind creditors. Promising repayment later does not cure the defect.
Farahat & Co. - Auditing Firm and TAX Consultants

Farahat & Co. - Auditing Firm and TAX Consultants

Feb 6, 2026
No, this would not be considered lawful in the UAE. Under UAE law, bankruptcy is a transparent, court-supervised process. Creditors must be informed and given the opportunity to participate. Filing for bankruptcy without notifying creditors goes against the purpose of the law. A bankruptcy certificate does not automatically cancel debts, and it cannot be used years later to justify non-payment or lack of disclosure. Providing the certificate to creditors three years later, along with a private promise or pledge to repay (even if signed before witnesses), does not cure the earlier violation. Such conduct may be viewed as bad faith or misuse of bankruptcy procedures, and depending on the circumstances, it can expose the person to civil liability and potentially criminal consequences, particularly if assets or liabilities were concealed.
HHS Lawyers And Legal Consultants

HHS Lawyers And Legal Consultants

Feb 23, 2026
In the UAE, bankruptcy or insolvency proceedings cannot be carried out secretly or without creditor involvement. Under the UAE Bankruptcy Law, the court, trustee, and creditors are formally notified once proceedings begin, and creditors are given the opportunity to submit claims and participate in the process.
If a debtor were to obtain a bankruptcy judgment and only inform creditors years later, this could raise serious legal concerns. Concealing liabilities, providing incomplete disclosures, or attempting to bypass creditor rights may be viewed as bad faith conduct and could expose the debtor to civil liability or criminal consequences if fraud or misrepresentation is involved.
A bankruptcy certificate does not eliminate obligations automatically. Any repayment plan must be approved through the court-supervised process, and creditor rights remain protected. Providing a later promise to repay outside the legal framework does not replace the formal restructuring or settlement process.
Because insolvency matters involve strict compliance and transparency requirements, professional legal guidance is essential. HHS Lawyers can advise on lawful debt restructuring and bankruptcy procedures and help ensure compliance. You can also claim a free 15-minute consultation with our expert by sending your enquiry on WhatsApp.
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