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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

09 FEB 2011

White v Davenham Trust Ltd [2010] EWHC 2748 (Ch); [2011] BPIR 280

This was the attempt by the lender to recover under the guarantees of the loan that was subject to the application in Re St George’s Property Services (London) Ltd (in administration), [2011] BPIR 242. The Deputy Registrar set aside the lender’s statutory demand finding that, although the guarantor might not have an arguable defence, but that it was not fair that he should face bankruptcy as he would then lose any influence he had over the administrators in relation to the claim, the lender could have enforced security for the debt first and then, having done so, the guarantor would know precisely how much he had to pay.


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