Source: All England Reporter
Publisher Citation: [2005] All ER (D) 174 (Apr)
Court: Chancery Division
Judge:

Mann J

Representation The debtor appeared in person.
  Tom Carpenter-Leitch (instructed by Judge & Priestley, Bromley) for the petitioning creditor.
Judgment Dates: 14 April 2005

Catchwords

Bankruptcy and individual insolvency - Order - Appeal - Evidence - Remittal of matter for rehearing.

The Case

On an appeal against a bankruptcy order, the debtor had failed to prove that the debt at issue was disputed to the extent necessary to justify the dismissal of the bankruptcy petition. However, the quality of the evidence advanced by the petitioning creditor was such that it was impossible to say whether or not the bankruptcy order should be allowed to stand. Accordingly, the bankruptcy order would be set aside and the matter remitted to the registrar for re-hearing.

Practice Areas

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