Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

21 MAY 2013

Official Receiver v Becker and Others [2013] BPIR

(District Judge Dancey, 17 December 2012)

The Official Receiver successfully obtained the annulment of bankruptcy orders obtained by a number of German nationals on their own petitions. It was a common theme that each of the debtors had come to the UK with the assistance of Medicon Ltd, or had had assistance from it once here. District Judge Dancey held that in each case, the debtors had come to this jurisdiction for the purpose of taking advantage of the more relaxed insolvency regime here. Any arrangements were no more than transitory and designed to give an appearance of a base in this country to that end. None of them had their COMI in this jurisdiction at the time the orders were made. While the decision whether to annul was discretionary, it had been shown that the bankruptcy orders should not have been made, so the discretion should be exercised in favour of annulment, as was normal. 

To view the full text, please log in.

To receive a FREE 14 day online trial to Insolvency Law Online click here.

 

Individual Voluntary Arrangements

Individual Voluntary Arrangements

"This is the ultimate statement of where the law on IVAs is to be found in our great common law...

Available in Insolvency Law Online
Bankruptcy and Personal Insolvency Reports

Bankruptcy and Personal Insolvency Reports

"BPIR is an excellent series, of interest to both corporate and personal insolvency lawyers,...

More Info from £166.00
Available in Insolvency Law Online
Subscribe to our newsletters