yesterday by serving a bankruptcy notice on his one-time partner.

The notice was issued to force collection of $103,379 that the Supreme Court ordered Mr. Peniston to pay Mr. Thomson.

The notice, which was filed in the Supreme Court, follows Mr. Peniston's no-show in the Court of Appeal last week where he was to argue against the award.

The award was for an $88,000 loan plus $15,000 interest that Mr. Thomson gave Mr. Peniston to help Bermuda Travel & Shipping Ltd., which went bust last year with $1 million in debt.

Mr. Saul Froomkin, Mr.Thomson's lawyer, last night said Mr. Peniston had not paid the $103,379 as ordered by the bank.

Yesterday's notice, he said, could be a "prelude to a petition on bankruptcy''.