Correct approach for exercising discretion on bankruptcy petition presented with ulterior object and opposed by creditors (High Court) | Practical Law

Correct approach for exercising discretion on bankruptcy petition presented with ulterior object and opposed by creditors (High Court) | Practical Law

In Maud v Aabar Block SARL and another [2016] EWHC 2175 (Ch), the High Court considered a debtor's application for permission to appeal his bankruptcy order. It also considered how the court's discretion should have been exercised at the hearing of the bankruptcy petition, where it had been alleged that the petitioners had an ulterior object for pursuing bankruptcy and their petition was opposed by other creditors.

Correct approach for exercising discretion on bankruptcy petition presented with ulterior object and opposed by creditors (High Court)

by Practical Law Restructuring and Insolvency
Published on 29 Sep 2016England, United Kingdom, Wales
In Maud v Aabar Block SARL and another [2016] EWHC 2175 (Ch), the High Court considered a debtor's application for permission to appeal his bankruptcy order. It also considered how the court's discretion should have been exercised at the hearing of the bankruptcy petition, where it had been alleged that the petitioners had an ulterior object for pursuing bankruptcy and their petition was opposed by other creditors.