Gavin Paul Carter v Terri Ann Davies & Ors

Gavin Paul Carter v Terri Ann Davies & Ors

The making of a bankruptcy order during a Debt Respite Scheme moratorium, without the court being notified and without a stay, is contrary to Regulation 10 but is not null and void under Regulation 7(12); the court retains discretion under s.282(1)(a) Insolvency Act 1986 to refuse to annul the order, especially where the debtor obtained the moratorium by non-disclosure of material facts.

Parties
Applicant/appellant: Gavin Paul Carter; First Respondent: Terri Ann Davies; Second Respondent: Karen Fox (Official Receiver); Third Respondent: Benjamin Neil Jones; Fourth Respondent: Arvindar Jit Singh
Jurisdiction
England and Wales
Judgment Date
20 June 2024
Procedural Posture
Bankruptcy Appeal / Appeal From Refusal to Annul Bankruptcy Order
Outcome
Appeal dismissed
Legal Topics
Annulment of Bankruptcy Order, Debt Respite Scheme, Jurisdiction, Discretion Under S.282(1)(a) Insolvency Act 1986
Insolvency Law Bankruptcy Law Annulment of Bankruptcy Order Debt Respite Scheme Jurisdiction Discretion Under S.282(1)(a) Insolvency Act 1986

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Parties

Gavin Paul Carter

Applicant/appellant

Terri Ann Davies

First Respondent

Karen Fox (Official Receiver)

Second Respondent

Benjamin Neil Jones

Third Respondent

Arvindar Jit Singh

Fourth Respondent

Procedural Posture

Bankruptcy Appeal / Appeal From Refusal to Annul Bankruptcy Order

Legal Issues

  1. 1 Whether a bankruptcy order made in contravention of a Debt Respite Scheme moratorium is null and void under the Regulations
  2. 2 Whether the court retains discretion under s.282(1)(a) Insolvency Act 1986 to refuse to annul such an order

Ratio Decidendi

The making of a bankruptcy order during a Debt Respite Scheme moratorium, without the court being notified and without a stay, is contrary to Regulation 10 but is not null and void under Regulation 7(12); the court retains discretion under s.282(1)(a) Insolvency Act 1986 to refuse to annul the order, especially where the debtor obtained the moratorium by non-disclosure of material facts.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the bankruptcy order remains in force.