Successful application for a bankruptcy order

Rachel acted for the Claimant company which was owed over £25,000 by the Debtor for unpaid nursing home fees.

The company sought a Bankruptcy Order but the Debtor applied for an adjournment on the basis that he was close to finalising the terms of a re-mortgage and would shortly be in a position to use those funds in order to repay the debt. The Debtor had submitted evidence in support of his application to adjourn and had previously already obtained an adjournment on the same grounds in entirely separate possession proceedings.

Rachel was successful in obtaining the Bankruptcy Order, relying in part on the case of Edginton v Sekhon [2015] EWCA Civ 816, despite comments from the Judge indicating his extreme reluctance in making the Order.

The instructing solicitors were particularly impressed with Rachel’s background research, which uncovered issues regarding the credibility of the finance company alleged by the Debtor to have offered him the re-mortgage monies.