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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

26 SEP 2013

Re Akaydin and Others [2013] BPIR 539

(Chief Registrar Baister, 17 April 2013)

Two couples had emigrated from the UK. They all presented their own petitions, on the basis that while their COMIs were not in England and Wales, they had been resident in England and Wales within the 3 years immediately preceding presentation of the petitions. Chief Registrar Baister held that the EU Regulation did not apply, so that the only issue was whether the jurisdictional requirements of s 265 of the Insolvency Act 1986 were met. They were, because the section required only residence at some time within those 3 years, not throughout. The bankruptcy orders were made.

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